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Canton Town Meeting — 2007 ATM

Town Meeting · Record year 2007 · Record lf-29642

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Source page 41

ANNUAL    TOWN         MEETING       APRIL     30, 2007



             4.      Repair or replacement            of an   existing     roof of   asingle-family dwelling;

             5.      The    construction         of any fence    that   will   not alter   existing terrain    or   drainage patterns;

             6.      Construction           of utilities ( gas, water, electric,       telephone, etc.)other          than      drainage,     which
             will    not alter     terrain, ground        cover, or drainage         patterns;

             7.      Emergency repairs to any stormwater management facility or practice that poses                                    a    threat
             to     public health or safety, or as deemed necessary by the Conservation Commission.

             8.     Any work          or   projects for which all necessary          approvals    and   permits have       been    issued
             before     the effective          date of this Bylaw;



         C.       Redevelopment Projects - Redevelopment          projects are presumed to meet the specified
             stormwater     management requirements described in the stormwater Regulations of the Town
             of Canton    if the total impervious cover is reduced     by 40%  from existing conditions.   Where
             site conditions    prevent the reduction in impervious cover, stormwater management practices
             shall be implemented to provide stormwater controls for at least 40%        of the site's impervious
             area. When      a combination   of impervious area reduction  and stormwater management practice

             implementation      is used   for redevelopment    projects, the combination    of impervious   area

             reduction   and the area controlled   by a stormwater management practice shall equal or exceed
             40%.



D.           Hotspots -          An
                         alteration, redevelopment, or conversion of land use to a hotspot
           such       as, without
                            limitation: auto salvage yards, auto fueling facilities, fleet storage

           yards, commercial parking lots with high intensity use, road salt storage areas,
           commercial  nurseries and landscaping, outdoor storage and loading areas of
           hazardous  substances, or marinas, shall require a stormwater Management Permit.




 7.0                    PROCEDURES



Permit       Procedures            and      Requirements shall be defined     and  included                   as    part   of   any   rules     and

regulations          promulgated            aspermitted under Section 5.B. of this Bylaw.

8.0                   ENFORCEMENT



The   Conservation   Commission, or an authorized agent of the Conservation      Commission   shall enforce
this Bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and
criminal remedies    for such violations.  Enforcement  shall be further defined  and included   as part of

any stormwater     regulations promulgated as permitted under Section 5.6. of this Bylaw.

9.0                   SEVERABILITY



The      invalidity         of
                            section, provision, paragraph, sentence, or clause of this Bylaw
                                 any                                                                                                   shall    not
invalidate        any      other
                        section, provision, paragraph, sentence, or clause thereof, nor shall it                                      invalidate

any    permit or determination that previously has been issued.
Board     of Selectmen                 for the Conservation             Commission


MOVED:                     That       the Town      amend       its General       By-laws by adding           the   following     new      Article

XXI,    as    follows:


1.0          Introduction
             A.       It is      hereby      determined       that:




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      1.   Land       development           projects       and        other        land
                                                                   conversions, and their   use

           associated      changes         to land
                                           cover, permanently         hydrologic response alter    the
           of local   watersheds    and   increase  stormwater runoff rates and  volumes,
           which    in turn  increase   flooding, stream channel   erosion, and sediment
           transport and deposition, and decrease groundwater recharge;

      2.   Land       development             projects  and                other     land     use        conversions          also
           contribute        to     increased      nonpoint           source        pollution       and    degradation          of

           receiving waters;

      3.   The  impacts of post-     development stormwater runoff quantity and quality
           can  adversely affect public safety, public and private property, surface
           water  drinking water supplies, groundwater       resources, drinking water
           supplies, recreation, aquatic habitats, fish and other aquatic life, property
           values and other uses of lands and waters;


      4.   These   adverse    impacts can be controlled    and   minimized   through                                             the

           regulation    of   stormwater   runoff  quantity    and   quality   from                                             new

           development      and  redevelopment, by the use of both structural                                                   and
           nonstructural    Best Management Practices;


      5.   Localities     in      the    Commonwealth                of    Massachusetts
                                                                 are required    to comply
           with   a   number        of both     State    and    Federal
                                                     laws, regulations and permits which
           require a locality to address the impacts of post-       development stormwater
           runoff quality and nonpoint source pollution.


      B.   Therefore,     the   Town   of   Canton    has    established    this stormwater

           management bylaw to provide reasonable           guidance for the regulation of
           post-     development stormwater runoff for the purpose of protecting local
           water   resources     from  degradation.     This    bylaw regulates    the   post-
           construction     stormwater    controls  for   both   new    and   re-    development
           projects.

      C.   It   has   been     determined          that    it   is    in the public interest               to     regulate     post-
           development             stormwater           runoff        discharges   in  order                to      control     and
           minimize       increases           in     stormwater              runoff       rates     and
                                                                                         volumes, post-
           construction           soil   erosion     and   sedimentation, stream channel erosion, and
           nonpoint      source          pollution      associated with post-    development stormwater
           runoff.


2.0         PURPOSE
      A. The     purpose  of this Bylaw is to protect, maintain   and enhance     the public health,

           safety, environment and general welfare by establishing minimum requirements and
           procedures to control the adverse effects of increased post-       development stormwater
           runoff   and  nonpoint    source pollution associated    with    new   development    and

           redevelopment.      Proper management of post-       development stormwater runoff will
           minimize   damage to public and private property and infrastructure, safeguard the
           public health, safety, environment   and general welfare    of the public, protect water
           and aquatic resources, and promote groundwater        recharge to protect surface and
           groundwater drinking supplies. This Bylaw seeks to meet that purpose through the
           following objectives:

      1.   Establish  decision-making                   processes           surrounding           land    development          activities   that

           protect the integrity of the               watershed             and    preserve       the    health    of water     resources;


      2.   Require      that
                      new development,     redevelopment and all land conversion     activities
           maintain      the
                     after-development runoff characteristics   as equal  to or less than the

              development runoff characteristics
           pre-                                   in order to reduce  flooding, stream bank



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           erosion, siltation, nonpoint                    source    pollution, property damage, and                     to   maintain      the

           integrity of stream channels                    and     aquatic habitats;

      3.    Establish    minimum    post-   development stormwater    management standards       and

           design criteria for the regulation and control of stormwater runoff quantity and
           quality; establish    minimum   design criteria for the protection of properties and
           aquatic    resources downstream   from land development and land conversion    activities
           from damages due to increases        in volume, velocity, frequency, duration, and peak
           flow rate of storm water runoff; establish     minimum   design criteria for measures to
           minimize     nonpoint source pollution from stormwater runoff which would otherwise
           degrade water quality;

      4.   Establish       design        and   application          criteria    for      the   construction       and   use    of   structural
           stormwater             control      facilities         that   can        be    used     to    meet     the   minimum          post-
           development            stormwater         management standards;

      5.    Encourage the use of nonstructural   stormwater   management, stormwater better
           site design practices or " low- impact development   practices", such as reducing
           impervious cover and the preservation of greenspace and other natural areas, to the
           maximum    extent practicable.


      6.   Provide         for     the      long-term           responsibility           for     and     maintenance          of    structural
           stormwater            control    facilities     and     nonstructural          stormwater         management practices to
           ensure      that  they continue                 to   function       as   designed,          are   maintained, and pose no
           threat    to   public safety;

      7.   Ensure      that
                       there is an adequate    funding                                   mechanism, including            surety, for        the

           proper review, inspection   and  long-term                                    maintenance         of   stormwater         facilities

           implemented as part of this Bylaw;

      8.   Establish  administrative   procedures   for the    submission, review, approval     or

           disapproval of stormwater management plans, and for the inspection of approved
           active projects, and long-term follow up; Establish  certain administrative procedures
           and fees for the submission, review, approval, or disapproval    of stormwater plans,
           and the inspection of approved projects.


      B.   Nothing        in this
                            Bylaw is intended to replace the requirements of the Town of Canton
           Flood     Plain
                        Zoning Bylaw, the Town of Canton Wetlands Protection       Bylaw, or any
           other Bylaw that may be adopted by the Town of Canton.     Any activity subject to the
           provisions of the above-cited Bylaws must comply with the specifications of each.

3.0                 DEFINITIONS


           The following definitions shall apply in the interpretation and implementation                                              of this

           Bylaw. Additional definitions may be adopted by separate regulation:

      A. ALTER:           Any activity, which              will
                                                             measurably change the ability of a ground surface
           area     to absorb       water      or   will change existing surface drainage patterns. Alter may
           be     similarly represented                alteration
                                                    as ~~         of drainage characteristics," and " conducting
           land    disturbance           activities."


      B.   BEST   MANAGEMENT     PRACTICE ( BMP): Structural, non-structural     and   managerial
           techniques that are recognized to be the most effective      and   practical means to
           prevent and/or reduce increases      in stormwater  volumes and flows, reduce      point
           source   and  nonpoint   source  pollution, and    promote stormwater      quality and
           protection of the environment. ~~Structural" burps are devices that are engineered
           and constructed  to provide temporary storage and treatment of stormwater        runoff.
           Nonstructural"   BMPs   use  natural    measures to reduce  pollution levels, do not




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ANNUAL         TOWN        MEETING          APRIL        30, 2007



     require extensive    construction efforts, and/or                                          promote        pollutant             reduction         by
     eliminating the pollutant source.

C.   BETTER          SITE     DESIGN:              Site
                                           approaches and techniques that can reduce a
                                                           design
     site's
          impact                  on    the    watershed
                                        through the use of nonstructural     stormwater

     management     practices. Better  site  design includes conserving  and  protecting
     natural areas and greenspace, reducing impervious cover, and using natural features
     for stormwater management.


D. GENERAL             STORMWATER                   MANAGEMENT                PERMIT ( GSMP):                  A       permit        issued     for    an

     application        that       meets
                                       pre-        set of
                                              determined
                                              a                                          standards
                                                                                Regulations              outlined            in the
     to be adopted   by the stormwater     Authority under Section 5.B. of this Bylaw. By
     meeting these pre-     determined standards, the proposed project will be presumed to
     meet the requirements and intent of this Bylaw.




E.   HOTSPOT:    Land uses or activities with higher potential pollutant loadings, such as
     auto salvage yards, auto fueling facilities, fleet storage yards, commercial   parking
     lots with high intensity use, road salt storage areas, commercial      nurseries   and

     landscaping, outdoor    storage and loading      areas  of hazardous  substances, or
     marinas.



F.   MASSACHUSETTS                     STORMWATER                 MANAGEMENT               POLICY:           The       Policy        issued     by    the

     Department              of    Environmental            Protection,            and     asamended,                  that    coordinates            the

     requirements             prescribed            by state regulations               promulgated under                 the    authority       of the
     Massachusetts                Wetlands          Protection       Act    M.G. c. 131 §
                                                                            L.                          40    and       Massachusetts               Clean
     Water       Act    M.G. c. 21, §. 23-56. The
                        L.                                                Policy    addresses          stormwater     impacts through
     implementation                of      performance            standards         to     reduce       or    prevent pollutants from
     reaching water               bodies      and    control      the     quantity       of runoff      from       a   site.



G.   NEW      DEVELOPMENT:                  Any construction               or   land     disturbance         of a      parcel        of land    that    is

     currently         in a natural         vegetated state               and    does      not contain         alteration            by man-made
     activities.


H.   NONPOINT            SOURCE             POLLUTION:              Pollution      from       diffuse
                                                                                                many   sources caused     by
     rainfall     or    snowmelt            moving         over     and    through        the
                                                                                          ground. As the runoff moves, it
     picks      up     and    carries         away        natural    and        human- made  pollutants, finally depositing
     them     into     water       resource areas.



I. PERSON:       Any individual, group of individuals, association, partnership, corporation,
     company,      business  organization, trust, estate, the Commonwealth         or political
     subdivision    thereof to the extent subject to Town   Bylaws,   administrative  agency,
     public or quasi-public corporation or body, the Town of Canton and any other legal
     entity, its legal representatives, agents, or assigns.

7.   PRE-DEVELOPMENT:                         The    conditions         that     exist     at   the    time     that      plans        for    the    land

     development              of       a   tract      of     land       are      submitted         to    the           Canton         Conservation
     Commission.    Where    phased development      or  plan approval                                                  occurs (    preliminary
     grading, roads and utilities, etc.),
                                       the existing conditions    at the                                               time     prior to the first
     plan submission shall establish pre-    development conditions.

K.   POST- DEVELOPMENT:                             The     conditions           that      reasonably  may   be  expected   or

     anticipated         to exist
                               completion  after                          of the    land    development activity on a specific
     site   or   tract of land.
                          Post-development refers                                       to the phase of a new development   or

     redevelopment   project after completion, and                                        does     not       refer      to     the    construction

     phase of a project.

L.   RECHARGE:              The    replenishment             of   underground            water        reserves.




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      M. REDEVELOPMENT:         Any construction, alteration, or improvement exceeding land
           disturbance       of
                            5, 000 square feet, where the existing land use is commercial,
           industrial, institutional, or multi-family residential.

      N. STORMWATER                AUTHORITY:             The   Town      of   Canton    Conservation          Commission        or   its
           authorized               The
                            agent(s).                  Conservation       Commission       is    responsible      for    coordinating
           the review, approval and permit process as defined                               in     this Bylaw.          Other   Boards

           and/or departments participate in the review process                                 as   defined   in the    Stormwater

           Regulations adopted by the Conservation Commission.


      0. STORMWATER               CREDITS:        A form      of incentive
                                                                         for developers to promote conservation
           of natural     and     open     space       areas. Projects that comply with prescribed requirements
           are    allowed        reductions       in    stormwater   management requirements when they use
           techniques       to reduce          stormwater       runoff    at the site.


      P.   STORMWATER              MANAGEMENT             PERMIT ( SMP): Apermit issued by the Conservation
           Commission        after    review       of an
                                                       application, plans, calculations, and other supporting
           documents,        which        is   designed to protect the environment     of the Town   from  the
           deleterious      affects       of uncontrolled        and     untreated     stormwater       runoff.


      Q.   STORMWATER         UTILITY:   A special assessment  district  set up to generate funding

           specifically for stormwater management. Users within the district pay a stormwater
           fee, and the revenue thus generated directly supports maintenance         and upgrade of

           existing    storm   drain   systems; development    of   drainage   plans, flood  control

           measures,      and   water-quality   programs;  administrative    costs; and   sometimes
           construction    of major capital improvements.



4.0               AUTHORITY



           This   Bylaw     is   adopted under authority granted by the Home Rule Amendment of the
           Massachusetts          Constitution, the Home Rule statutes, and pursuant to the regulations
           of the federal         Clean    Water       Act found   at 40 CFR      122.34.



5.0               ADMINISTRATION



      A. The     Conservation Commission    shall administer, implement and enforce this Bylaw.

           Any powers granted to or duties imposed upon the Commission      may be delegated in
           writing by the Commission   to its employees or agents.


      B.   Stormwater    Regulations. The Conservation         Commission     may adopt, and periodically
           amend, rules      and    regulations    relating    to  the   terms, conditions, definitions,
           enforcement, fees ( including        application, inspection, and/or consultant            fees),
           procedures and administration        of this Stormwater       Management Bylaw by majority
           vote of the Commission       after conducting     a public   hearing to receive comments on
           any proposed    revisions.    Such  hearing dates shall be advertised        in a newspaper    of

           general local circulation, at least seven (7)days prior to the hearing date. After
           public notice    and    public hearing, the Commission            may   promulgate   rules   and

           regulations  to  effectuate   the  purposes    of this Bylaw.   Failure  by the  Commission    to

           promulgate such rules and regulations or a legal declaration            of their invalidity by a
           court shall not act to suspend or invalidate       the effect of this Bylaw.


      C.   Stormwater      Management Manual.        The  Conservation    Commission    may  utilize  the

           policy, criteria and information     including specifications and standards of the latest
           edition  of the Massachusetts     Stormwater     Management Policy for execution        of the

           provisions    of this   Bylaw.  This    Policy includes   a list of acceptable   stormwater
           treatment    practices, including the specific design criteria        for  each  stormwater

           practice. The      Policy   may  be    updated   and    expanded    periodically, based     on




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           improvements      in engineering,   science, monitoring,  and   local  maintenance

           experience. Unless specifically altered in the Stormwater  Regulations, stormwater
           management practices that are designed, constructed, and maintained in accordance
           with  these   design and sizing criteria   will be  presumed  to   be protective  of
           Massachusetts   water quality standards.


      D. General       Permit.       The     Conservation          Commission             shall
                                                                        the authority to develop a  have
           General     Stormwater           Management          Permit ( GSMP) for
                                                                   specific types of projects, such
           as, without  limitation  Construction   of  a   Deck, Patio, Retaining    Wall, Existing
           Driveway Expansion, Shed, Swimming Pool, Tennis or Basketball          Court.  Any such
           General  Stormwater     Management     Permit    Requirements    shall be  defined   and
           included as part of any Stormwater    Regulations promulgated pursuant to this Bylaw.

      E.   Actions     by    the    Conservation            Commission.            The        Conservation       Commission           may   take

           any    of   the    following          actions       application
                                                              as    a     result
                                                                           for  a        of    an                                   Stormwater

           Management Permit as more specifically defined as part of Stormwater                                                     Regulations
           promulgated    pursuant to this    Bylaw:    Approval, Approval   with                                                   Conditions,
           Disapproval, or Disapproval without Prejudice.

      F.   Appeals     of Action       by the       Conservation          Commission.               A decision        of the   Conservation
           Commission              shall    be     final.     Further           relief    of    a   decision      by    the    Conservation
           Commission         made         under    this    Bylaw       shall     be     reviewable        in   any   court    of    competent
           jurisdiction.

      G.   Stormwater         Credit
                                System. The Conservation       Commission    may adopt, through     the

           Regulations        authorized
                                    by this  Stormwater    Management Bylaw,      a  Stormwater  Credit

           System. This credit system will allow applicants the option, if approved by the
           Commission, to take credit for the use of stormwater better site design practices to
           reduce some of the requirements specified in the criteria      section   of the Regulations.
           Failure  by the Commission       to   promulgate    such   a  credit   system through     its

           Regulations or a legal declaration     of the invalidity of the credit system by a court
           shall not act to suspend or invalidate   the effect of the other provisions of this Bylaw.



      H. Stormwater       Utility. The Board of Selectman         may adopt, through     the Regulations
           authorized   by this Stormwater Management Bylaw, a Stormwater Utility pursuant to
           M.G. Chapter 83 Section
           L.                              16 and Chapter 40 Section       1A.   The Board of Selectman
           shall  administer, implement and enforce           this  Utility.   Failure by the Board of
           Selectman    to promulgate      such   a Stormwater     Utility through its Regulations or a
           legal declaration    of its invalidity by a court shall not act to suspend or invalidate   the
           effect of the other provisions of this Bylaw.




6.0              APPLICABILITY



           A.      This  bylaw shall be applicable to all new development and redevelopment,
                 including, but not limited to, site plan applications, subdivision     applications,
                 grading applications, land use conversion     applications, any activity that will
                 result in an increased   amount of stormwater runoff or pollutants flowing from a

                 parcel of land, or any activity that will alter the drainage characteristics    of a

                 parcel of land, unless exempt pursuant to Section 6.B of this Bylaw.        All new

                 development     and   redevelopment   under  the  jurisdiction of  this  Bylaw as
                 prescribed in this Bylaw shall be required to obtain a Stormwater      Management
                 Permit.




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           B.      Exemptions -   No person shall alter land within the Town of Canton without

                  having obtained a Stormwater Management Permit ( SMP) for the property with
                  the following exceptions:



           1.   Any activity that will disturb an area less than 5000 square feet or less than
              of a
            25%        contiguous property, whichever is less. This exception may not be
           applied for contiguous properties held in common ownership at the time of
           adoption of this Bylaw that may have been previously subdivided and/or are
            attributed  to multiple separate owners;



           2.     Normal     maintenance                and     improvement          of    land      in   agricultural use as defined by
           the    Wetlands       Protection            Act    regulation 310     CMR            10.04 and      MGL Chapter 40A Section
           3.



           3. Maintenance   of existing landscaping, gardens                                    or   lawn    areas     associated        with    a

           single family dwelling;

           4.     Repair or replacement                  of an existing       roof of      asingle-family dwelling;

           5.     The    construction             of   any    fence    that   will        not    alter     existing     terrain     or    drainage
           patterns;

           6.       Construction             of    utilities (   gas, water, electric, telephone, etc.)other                                     than

           drainage, which            will    not alter       terrain, ground cover, or drainage patterns;

           7.     Emergency repairs to any Stormwater management facility or practice that                                                      poses
           a   threat to public health or safety, or as deemed necessary by the Conservation
           Commission.



           8.    Any work        or   projects         for which      all necessary         approvals         and    permits      have    been
           issued       before   the    effective        date    of this   Bylaw;

      C.   Redevelopment Projects -Redevelopment projects are presumed to meet the
           specified stormwater management requirements described in the Stormwater
           Regulations of the Town of Canton if the total impervious cover is reduced by 40%
           from existing conditions.   Where site conditions     prevent the reduction in impervious
           cover, stormwater management practices shall be implemented to provide
           stormwater controls for at least 40%     of the site's impervious area. When a
           combination   of impervious area reduction    and stormwater management practice

           implementation is used for redevelopment projects, the combination of impervious
           area reduction   and the area controlled  by a stormwater management practice shall
           equal or exceed 40%.

      D.   Hotspots -       An
                         alteration, redevelopment, or conversion of land use to a hotspot
           such    as, without
                            limitation: auto salvage yards, auto fueling facilities, fleet storage

           yards, commercial parking lots with high intensity use, road salt storage areas,
           commercial  nurseries  and landscaping, outdoor storage and loading areas of
           hazardous  substances, or marinas, shall require a Stormwater Management Permit.

7.0        PROCEDURES



           Permit       Procedures           and     Requirements shall be                  defined        and      included   as   part of any
           rules    and    regulations            promulgated as permitted                  under         Section    5.
                                                                                                                      B. of this     Bylaw.

8.0        ENFORCEMENT




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           The      Conservation          Commission,         or     an      authorized         agent       of    the    Conservation

           Commission,          shall    enforce    this    Bylaw, regulations,                orders,      violation    notices,     and
           enforcement          orders,     and    may      pursue        all    civil   and     criminal        remedies      for    such
           violations.          Enforcement        shall    be     further       defined       and     included     as   part    of    any
           Stormwater       regulations       promulgated          as   permitted        under       Section     5.
                                                                                                                  B. of this    Bylaw.

9.0        SEVERABILITY



           The     invalidity    of any     section, provision, paragraph, sentence, or clause of this Bylaw
           shall    not   invalidate        any other   section, provision, paragraph, sentence, or clause
           thereof, nor shall           it invalidate any permit or determination  that previously has been
           issued.




                                                           VOTE:          9-
                                                                          01-




DISCUSSION:                     The
                              purpose   of the   Storm  Water   Management Program is to establish
minimum      requirements        and
                              procedures to control the adverse effects of increased post-   development
storm    water   run-off  and  non-point source pollution    associated  with   new  development    and

redevelopment.       The impact of post-development storm water runoff quantity and quality can
adversely affect public safety, public and private property, surface water drinking water supplies,
groundwater resources, drinking water supplies, recreation, aquatic habitats, fish and other aquatic
life, property values and other uses of lands and waters.

The   Finance        recommends
                   Committee      the adoption of Article 16 to authorize the Selectmen to set up a
Storm     Water
            Management Program. It does not actually set one up. The Storm Water Management
Program must be setup by 2008 or Canton risks losing Federal funding.




                                APPROVED                            DISAPPROVED




EARLY RETIREMENT                INITIATIVE
Article     17     To see if the Town
                                   will vote to petition the General Court for enactment of a Home Rule

special act set forth below and to request Canton' s representatives to the General Court to introduce a
Special Act set forth below, and further to authorize the General Court, with the approval of the Board
of Selectmen, to make constructive       changes in language as may be necessary or advisable towards
perfecting the intent of this legislation in order to secure passage, or to take any other action related
thereto;

AN ACT PROVIDING                FOR AN EARLY RETIREMENT                    INCENTIVE           PROGRAM           FOR EMPLOYEES         OF
                                                   THE TOWN          OF CANTON



Section 1. Notwithstanding   chapter 32 of the General                     Laws     or any     other
                                                                             general or special law to the
contrary, this Act shall apply to an eligible employee                     who: (i)
                                                                                  shall          be
                                                                                 employee of the Town of
                                                                                                       an

Canton and an active member in service of the Norfolk County Retirement Board; (ii)          shall be eligible
to receive a superannuation retirement allowance      in accordance   with subdivision ( 1)of section 5 of
said chapter 32 or subdivision (~)   of section 10 of said chapter 32 upon the effective retirement date

specified in his written application to the retirement system; i(ii)shall have filed a written application
with the   Norfolk County Retirement Board in accordance     with paragraph ( 6)herein; and ( iv)shall be
classified in Group ~, Group 2 or Group 4 in accordance     with clause ( g)of subdivision ( 2)of section 3
of said chapter 32. Notwithstanding any general or special law to the contrary, the executive authority




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within      the      Town           of   Canton         may        designate          the       departments          which     the     early    retirement             incentive

program        shall         apply.

Section      2. For the              purposes          of this      Act, " executive              authority" shall            mean      the    board     of selectmen           in
the     Town        of    Canton          The        early   retirement             incentive        program         shall    be    administered          by     the     Norfolk

County Retirement                     Board       and said Board               may    promulgate regulations                  to    implement        the program.



Section        3.    Notwithstanding                    said
                                    chapter 32 to the contrary, the normal yearly amount of the
retirement          allowance             for an
                            eligible employee shall be based on the average annual rate of regular
compensation as determined under paragraph ( a)of subdivision ( 2)of section 5 of said chapter 32
and shall be computed according to the table contained in said paragraph ( a)based on the age of such
member         and        his      number         of years         and     full    months        of creditable        service       at the    time      of his    retirement
increased         either        by adding            up to 5 years            of age or by adding             up to 5 years           of creditable       service
                                                                                                                                                              or by a

combination              of additional            years      of age        and service           the   sum    of which        shall    not be     greater than 5, but
the executive                authority         may limit the amount of additional                           credit    for service       or age    or a    combination           of
service     or      age       offered.         The    executive           authority        may    limit     the    total   number       of employees             for    whom     it
will approve             a    retirement          calculated         under         this    section     or   the    total     number     of employees             within     each

group       classification               for    whom         it    will    approve          a    retirement         calculated        under      this    section         and,    if

participation is limited, the retirement of employees with greater years of creditable service                                                                          shall   be

approved before approval shall be given to employees with lesser years of creditable service.

Section      4. Words               used       in this Act shall              have    the    same      meaning as they are used in said chapter 32
unless      otherwise               expressly          provided           or      unless    the     context  clearly requires otherwise. An eligible
employee            who        retires         and    receives           an    additional        benefit      in   accordance          with     this    section        shall    be
deemed         to    be       retired       for                                    under     said
                                                            chapter 32 and shall be subject to all of said
                                                     superannuation
chapter 32, except that for the purposes of this Act and notwithstanding subdivision ( 1)of section 10
of said chapter 32 requiring a member classified in Group 2 to have attained age 55 on the date of his
termination   of service in order to receive a Group 2 benefit, any employee eligible pursuant to the
criteria established  in this Act, who is classified in Group 2 and who is at least 50 years of age but not

yet 55 years of age, shall be eligible for a retirement allowance equal to that prescribed for a member
classified in Group 2 upon the application for the additional benefit in accordance   with this Act.



Section      5. The           total      normal    yearly amount of the retirement allowance, as determined                                                in accordance
with     section         5 of said             chapter 32, of an eligible employee who retires and receives                                                 an     additional
benefit     under            the    early      retirement          incentive         program         in accordance           with     this Act shall       not exceed           80

per     cent   of the              average        annual          rate    of his
                                               regular compensation received during any period of 3
consecutive  years of creditable service for which the rate of compensation was the highest or of the

average   annual  rate of his regular    compensation received during the periods, whether or not
consecutive, constituting his last 3 years of creditable service preceding retirement, whichever is
greater.

Section        6.         Notwithstanding               section
                                                   any provision                      of said
                                                                 5 of said chapter 32 that requires a
retirement          date        within      4 months of the filing
                                                     application for superannuation retirement in order
                                                                                      of an
to receive the retirement benefit provided by this section, an eligible employee shall file his application
for retirement not later than a date determined    by the executive authority. The retirement date for
eligible employees shall be determined by the executive authority and shall be not earlier than the
effective      date          of this Act.



Section  7. The executive    director of the public employee retirement administration  commission   shall

analyze, study and valuate the costs and the actuarial liabilities attributable to the additional benefits
payable in accordance     with   the early retirement   incentive program   established by this Act. The
executive director shall file a written report of his findings with the Norfolk County Retirement   Board

together with copies thereof to the county commissioners, and the executive authority.

Section      8. In accordance                     with section 22D of said chapter 32, the Norfolk County Retirement Board
shall    revise      its retirement               funding schedule to reflect the costs and the actuarial liabilities attributable
to    the   additional              benefits       payable under the retirement incentive program in accordance           with this




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section.     In    each        of the    fiscal    years        until     the   actuarial        liability   determined           under       this    section     shall   be
reduced      to zero, it shall be an obligation                         of the Town         of Canton         to fund such          liability     and there       shall be

appropriated to the applicable pension reserve fund                                         in each        such     fiscal   year       the   amount        required by
the funding schedule and the updates thereto.



Section     9. This Act shall            take      effect      on   the first    July I following            enactment.
Board       of Selectmen


MOVED:                    That         the    Town
                                 petition the General Court for enactment of a Home Rule
special      act set forth              below       and
                                  to request Canton' s representatives   to the General  Court to
introduce a Special Act set forth  below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to make constructive       changes in language as may be
necessary  or advisable towards     perfecting the intent of this legislation in order to secure
passage.


AN ACT        PROVIDING                 FOR AN EARLY                  RETIREMENT                 INCENTIVE           PROGRAM                FOR      EMPLOYEES            OF
                                                                    THE TOWN            OF CANTON



Section       1.    Notwithstanding chapter                             32 of the          General         Laws     or     any     other       general       or   special
law    to    the     contrary, this Act shall                             apply     to      an     eligible        employee             who: ( i)shall             be     an

employee           of the        Town        of Canton              and    an    active          member        in    service           of   the      Norfolk      County
Retirement           Board; (ii)shall                be
                                     eligible to receive a superannuation retirement allowance in
accordance           with        subdivision (
                                  1)of section 5 of said chapter 32 or subdivision ( 1)of section
10 of said chapter 32 upon the effective        retirement  date specified in his written   application
to the retirement    system; iii)
                               (    shall have filed a written   application with the Norfolk County
Retirement    Board   in accordance     with paragraph ( 6)herein; and ( iv)shall be classified       in

Group 1, Group    2  or Group   4 in accordance    with clause ( g) of  subdivision ( 2)of section  3 of
said chapter 32. Notwithstanding         any general or special law to the contrary, the executive
authority within the Town of Canton             may   designate the departments which the early
retirement   incentive   program   shall apply.



Section       2. For           the     purposes           of    this      Act, " executive   authority" shall                               mean       the     board      of
selectmen            in    the         Town        of     Canton           The   early retirement   incentive                                 program           shall     be
administered               by the Norfolk County Retirement                                        Board       and     said        Board        may        promulgate
regulations          to    implement the program.

Section      3. Notwithstanding                     said
                                   chapter 32 to the contrary, the normal yearly amount of the
retirement         allowance             for an
                              eligible employee shall be based on the average annual rate of
regular compensation as determined      under paragraph ( a)of subdivision ( 2)of section  5 of
said chapter 32 and shall be computed according to the table contained       in said paragraph

a)based on the age of such member and his number of years and full months of creditable
service at the time of his retirement   increased  either by adding up to 5 years of age or by

adding up to 5 years of creditable service or by a combination of additional years of age and
service the sum of which shall not be greater than 5, but the executive     authority may limit
the amount of additional                       credit       for service           or    age      or a    combination              of service         or   age offered.
The   executive            authority          may       limit       the total      number           of   employees           for whom             it will    approve       a

retirement           calculated              under      this        section       or       the    total      number          of    employees              within        each

group       classification             for whom           it will       approve        a   retirement          calculated under this section and,
if   participation              islimited, the retirement                          of  employees               with  greater years of creditable
service      shall        be    approved before approval                          shall be given               to employees with lesser years of
creditable         service.



Section       4. Words               used     in   this     Act      shall      have       the     same       meaning             as    they    are       used    in    said

chapter       32      unless           otherwise     expressly                   provided           or     unless      the        context         clearly        requires
otherwise.           An         eligible        employee  who                    retires          and        receives         an        additional          benefit        in
accordance           with        this    section        shall        be    deemed           to    be     retired     for     superannuation                 under       said

chapter       32 and           shall    be   subject           to all of said          chapter 32, except that                     for the        purposes         of this




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Act     andnotwithstanding     subdivision ( 1) of section  10 of said   chapter 32 requiring a
member                 in Group 2 to have attained
               classified                             age 55 on the date of his termination     of
service  in order to receive a Group 2 benefit, any employee eligible pursuant to the criteria
established   in this Act, who is classified  in Group 2 and who is at least 50 years of age but
not yet 55 years of age, shall be eligible for a retirement   allowance  equal to that prescribed
for a member       classified in Group 2 upon     the application  for the  additional benefit  in
accordance          with       this Act.



Section       5. The       total         normal     the retirement
                                                         yearly                      of
                                                                       allowance, as determined
                                                                      amount                          in
accordance           with        section chapter 532, of
                                                       of an   said
                                                              eligible employee      who  retires  and
receives   an additional   benefit under the early retirement    incentive   program   in accordance
with  this  Act shall    not exceed   80 per cent of the average        annual   rate of his    regular
compensation received during any period of 3 consecutive            years of creditable    service  for
which the rate of compensation       was the highest or of the average     annual rate of his regular

compensation received during the periods, whether or not consecutive, constituting his last
3 years of creditable    service preceding retirement, whichever     is greater.



Section       6.    Notwithstanding                      any     provision         of said       section             5 of said
                                                                                                          chapter 32 that requires
a     retirement          date      within           4     months           of    the     filing          of
                                                                                                 application for superannuation
                                                                                                                an

retirement          in    order      to    receive             the    retirement   benefit provided by this section, an eligible
employee          shall     file    his     application               for retirement   not later than a date determined     by the
executive       authority. The retirement                              date for eligible employees shall be determined      by the
executive       authority and shall be not earlier                                  than    the effective               date       of this Act.



Section        7.        The       executive              director          of    the     public           employee               retirement              administration
commission               shall      analyze,             study         and        valuate         the          costs     and        the        actuarial           liabilities
attributable         to     the      additional
                                          payable              benefits       early              in       accordance              with        the                retirement
incentive       program            established
                                by this Act. The executive director shall file a written report
of his findings with the Norfolk  County Retirement    Board together with copies thereof to
the county commissioners, and the executive    authority.

Section        8.   In      accordance                   with        section        22D     of        said       chapter           32, the            Norfolk           County
Retirement          Board          shall       revise      its       retirement         funding            schedule           to   reflect          the    costs    and       the
actuarial       liabilities         attributable                to    the        additional           benefits          payable           under           the    retirement
incentive       program             in     accordance                with     this      section.           In    each        of    the    fiscal      years        until      the
actuarial       liability        determined                under        this      section        shall          be    reduced            to    zero, it         shall    be   an

obligation        of the Town              of Canton             to fund         such    liability         and       there    shall       be
                                                                                                                                          appropriated to the
applicable        pension reserve fund in each                               such       fiscal        year      the amount            required by the funding
schedule       and   the updates thereto.



Section       9. This      Act shall           take      effect       on    the first     July        1   following          enactment.




                                                                           VOTE:           10-0-
                                                                                           0




DISCUSSION:                              The          unanimously supports the adoption of Article 17. In
                                                Finance         Committee
the    past the     state had
                          legislation   support      early retirement program. That legislation is no longer
                                                          to                 an

valid.     This article would  provide for petitioning the General Court to enact legislation that would
enable    the town to provide an early retirement   plan.




                                    APPROVED                                            DISAPPROVED




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ADOPTION           OF G. L. CHAPTER               32B, SECTION 18
Article     18     To see if the Town            will vote toadopt G. L. Chapter 32B, section 18, Mandatory                                 transfer    of
retirees    to Medicare         as   set forth    below, or take any other action related thereto.

Chapter 32B: Section ~ 8. Medicare           extension   plans; mandatory transfer    of retirees.    In   a

governmental unit which has accepted the provisions of section ten and which accepts the provisions
of this section, all retirees, their spouses and dependents insured or eligible to be insured under this

chapter, if enrolled in Medicare part A at no cost to the retiree, spouse or dependents or eligible for
coverage thereunder     at no cost to the retiree, spouse or dependents, shall be required to transfer to a
Medicare  extension plan offered by the governmental unit under section eleven C or section sixteen;

provided, that benefits     under   said plan and Medicare      part A and part B together shall be of
comparable actuarial value to those under the retiree' s existing coverage. Each retiree shall provide
the governmental unit, in such form as the governmental unit shall prescribe, such information         as is

necessary   to transfer   to a Medicare   extension   plan. If a retiree does not submit the information
required, he shall no longer be eligible for his existing health coverage. The governmental unit may
from time to time request from any retiree, a retiree' s spouse and dependents, proof certified by the
federal government of their eligibility or ineligibility for Medicare    part A and part B coverage. The
governmental unit shall pay any Medicare             part B premium penalty assessed      by the federal
government on said retirees, spouses and dependents as a result of enrollment in Medicare part B at
the time of transfer into the Medicare health benefits supplement plan.
Board      of Selectmen


MOVED:                   That   G. L. Chapter             32B, section       18, be accepted by the Town.


                                                                  VOTE:          9-
                                                                                 01-




DISCUSSION:                             The    Finance       Committee       supports adoption           of    article     18. This       article   would
save      the    town
                 money          provide and      coverage     medical                     for   the     retirees       and    their       spouses      and

dependents. The town shall pay any Medicare Part B premium penalties                                               assessed      to the    retiree.    The

adoption of this article is required if the town is to be eligible for the                                         state   GIC    Health      Insurance

program         in the future. The        Finance      Committee        feels   that   this article     does       not reduce     the town      retiree' s
medical     coverage,      but does           reduce   the   cost and      provides    for   possible    cost reductions          in the future.




                                 APPROVED                                   DISAPPROVED




BYLAW AMENDMENT -                       ARTICLE        XIV -SECTION             39
Article     19      To    see   if the    Town     will    vote   to amend       the   Town     Bylaws        as    most   recently amended, by
adding     a new     Section     39A - regulation            of Pit Bull   Dogs as follows       or   to take       any other      action     in relation
thereto:


Section     39A            of Pit Bulls Section
                    Regulation                    1. Purpose Dogs known       as " pit bulls" have   generally-
exhibited       traits   such
                          i)  powerful instincts for dominance which naturally result in a proclivity for
                                 as (

fighting; (ii)a strong prey drive, which inspires a natural chase instinct that often results in their
aggressive pursuit of cats, rabbits, other dogs, and human children; (iii)a stubbornness that results in
sustained, unyielding aggressiveness once an attack begins; (iv) powerful jaws capable of crushing
bones and hanging on to victims even while the animal withstands        infliction  of injury or pain; and ( v)
a combination  of stamina, agility, strength, and " gameness" (the will to successfully complete a task).
Judicial and legislative bodies have reacted    by noting that the classification    of pit bulls as dangerous




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animals       has      a  basis in fact and that adopting
                            rational                        controlling measures in order to reduce the
likelihood      of human
                      injury bears a rational relationship to the governmental objectives of preserving
public health, public safety, and public welfare. The Town of Canton believes it is necessary to
regulate, subject to certain exceptions with certain restrictions, pit bulls in order to fulfill its primary
mandate to protect human      health, safety, and welfare within the Town. Section 2. Definitions As used
in this Section 39A, the following terms shall have the meanings set forth below:


PIT BULL - Any       dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire
Bull  Terrier, or any dog of mixed breed displaying the majority of the physical traits of any one (1)or
more     of  the    above     breeds, or any dog exhibiting         those    distinguishing   characteristics    which

substantially    conform    to  the standards established   by  the American    Kennel   Club or United   Kennel   Club
for any of the above breeds, such characteristics          being identifiable as an element of its breeding by a
licensed    veterinarian, by the animal control officer, or by any other qualified person, or any dog
registered or licensed as a pit bull. Specifically excepted from this definition is any dog with proof by
American     Kennel Club or United Kennel Club papers or by a written certification           or written   notice from
a veterinarian     licensed    in the Commonwealth      of Massachusetts     that the dog does not contain        in its

lineage any American Pit Bull Terrier, American Staffordshire Terrier, or Staffordshire            Bull Terrier.


TOWN - The            Town      of   Canton;

OWNER -  Any person who owns,                             possesses,      keeps,     exercises         control     over,    maintains, harbors,
transports, or sells a pit bull;

KEEPER - Any person                   who    possesses,    keeps, exercises        control    over, maintains, harbors, transports, or
sells   a   pit bull       whether     or   not that   person   is an owner;


ANIMAL        CONTROLOFFICER - The Animal Control Officer of the Town of Canton;
MUZZLE -          A
               restraining appliance made of metal, plastic, leather, cloth, or a combination of these
materials  that, when fitted and fastened over a pit bull's head,
                                                            snout/mouth/ prevents the pit bull from
biting but allows room for the pit bull to breathe/pant;

SECURE        TEMPORARY               ENCLOSURE -        A secure enclosure        used      for purposes        of transporting     a   pit bull    and
which       includes  top   a        and    bottompermanently           attached     to the    sides    except     for a securable        door      used
for the     ingress and egress               of a
                                               pit bull. Such enclosure            must be of such        material, and         such     door   closed
and     secured       in such        a manner, that the pit bull cannot            exit the    enclosure     without       human     assistance.
HEARING        OFFICER - The                Town    of Canton   Board   of Selectmen         or   the Town       board     or Town   official

designated by              the Town        Board    of Selectmen   to conduct       hearings required by            this   by-law.

Section      3 Pit Bulls        Prohibited

a)It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, house,
harbor, transport, or sell within the Town any pit bull, subject only to the exceptions set forth in sub-
            e ),below.
sections ( b)-(

b)The owner or keeper of a pit bull that is registered and licensed with the Town Clerk as of the date
of enactment of this by-   law may apply for a pit bull license in accordance with the requirements of
section 4, below, such license to be the subject of annual renewal. No such license shall be issued for

any pit bull that is not registered and licensed    with the Town Clerk on the date of enactment. Any
owner or keeper who has applied for and received      a pit bull license  in accordance   with this sub-section
and who maintains      the pit bull at all times in compliance     with the pit bull license   requirements of
section 4, below, and all other applicable requirements of this Section       39A may keep a pit bull within
the Town. In the event of the death of a pit bull after the enactment of this Section             39A that was

registered and licensed with the Town Clerk as of the date of enactment, the owner or keeper may
own another   pit bull but only upon condition of applying for and obtaining the pit bull license, provided
that the owner or keeper has not violated any provision of this Section 39A.

c)The Town Kennel may temporarily harbor and transport any pit bull for purposes of enforcing the
provisions of this Section 39A;
d)Any humane society operating an animal shelter which is registered and licensed by the Town may
temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it
takes to contact the Town Kennel and either turn the pit bull over to the Town Kennel employees or to




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receive   permission to destroy or to have destroyed the pit bull pursuant to the provisions of sections 5
and   6, below, if applicable.
e)A person may temporarily transport into and hold in the Town a pit bull for the sole purpose of
showing such pit bull in a place of public exhibition, contest, or show sponsored by a dog club
association   or similar  organization, provided that the sponsor have received written permission from
the Town' s Board of Selectmen, have obtained        all other permits or licenses  required by by-law, and
furnishes   protective   measures adequate   to prevent pit  bulls from escaping or injuring members of the
public. The person who transports and holds a pit bull for showing shall at all times while the pit bull is
being transported within the Town keep the pit bull confined in a secure temporary enclosure.
f)Failure by the owner or keeper to comply or remain in compliance with all of the terms of an
applicable exception set forth above shall subject the pit bull to immediate           impoundment and/or
disposal pursuant to sections 5 and 6, below, and shall operate to prevent the owner or keeper from
asserting such exception as a defense in any proceeding under sections 5, 6, and 7, below.

Section    4 Pit Bull   License Requirements
The    owner or     keeper    of any
                                   pit bull who is allowed to apply for an annual pit bull license under section
3(b), above, shall       at the time of application for the annual    pit bull license comply with or otherwise
provide sufficient       evidence   that   the owner or keeper    is in compliance     with all of the following

regulations:
a)The owner or keeper              of the     pit bull   shall   keep    current   the   license   for such   pit bull through   annual
renewal.     Such   license   is not transferable         and    shall   be renewable     only by the    holder   of the   license. A
                                                                                                                                pit
bull   license   tag must     be   obtained    by the owner or keeper at the time of issuance of the license. Such
license tag shall be attached           to the pit bull by means of a collar or harness and shall not be attached
to any pit bull other than the pit bull for which the license was issued. If the pit bull tag is lost or

destroyed, a duplicate tag may be issued upon the payment of a twenty dollar ($20)fee;
b)The owner or keeper must be at least 21 years of age;
c)The license application form to be completed by the owner or keeper and presented to the Town
Clerk shall require (i)        the complete legal name of the pit bull's owner and/or keeper and presentation
of a positive form of government-issued picture identification ( no photocopies) for the owner and/or

keeper, and the Animal Control Officer shall make a copy of such identification                          and attach     it to the

application; ( ii)the complete residential               address    of the  pit bull's owner and/or keeper; ( iii) the
complete address where the pit bull will be primarily housed/sheltered; (iv)the telephone number of
the pit bull's owner or keeper; (v)the complete details of the pit bull's physical identification, including
but      not limited      to breed, sex, weight, color, markings, and                any    other    distinguishing      physical
characteristics, all provided by the owner and/or keeper; (vi) a photograph of the pit bull that is not
more than        thirty ( 30) calendar days old; and ( vii) the complete details of the pit bull's documented
identification, including but not limited to the pit bull's registration and/or license number as issued by
the Town and true and accurate copies of the pit bull's rabies vaccination                     and a copy of the pit bull's
health      record   as prepared     by a veterinarian which shall not be dated more than thirty ( 30) calendar
days from the application for registration of the pit bull under this sub-                 section;
d)The owner or keeper shall present to the Town Clerk proof that the owner or keeper has procured
liability insurance in the amount of at least two hundred thousand dollars ($200,000),covering any
damage or injury which may be caused by a pit bull during the twelve- month period covered by the pit
bull license. The policy shall contain a provision requiring the insurance                    company        to provide written
notice to the Town Clerk not less than fifteen ( 15) days prior to any termination                      of the policy and not
less than five ( 5)days subsequent to cancellation               or expiration of the policy;

e)The owner or keeper, at the owner' s or keeper's own expense, shall have had the pit bull spayed
or      neutered     and    shall   present to the Town Clerk in connection                 with    the    license    application
documentary proof from a licensed veterinarian                     that this sterilization     has    been      performed. This
requirement shall be waived upon a written statement from a licensed veterinarian that the procedure
should       not or cannot be performed            for reasons of the health       or age     of the animal. If funds          are

available      through any        Town   spay/neuter account,       the  Animal   Control    Officer   will    assist owners    or

keepers who are residents of the Town seeking assistance for the spaying or neutering of their dog(s);
f)     Upon an owner' s or keeper's successful application, the Animal Control Officer shall provide to the
successful      owner or keeper registering a pit bull ( i)         a pit bull license          ( a complete copy of the
                                                                                         tag; ii)
application      for  registration    and  license   as submitted    by the  owner    or keeper; (iii)a written summary
of all methods for contacting the Animal Control Officer, including but not limited to the Animal Control
Officer' s telephone         number     during business hours, the Animal Control Officer' s telephone number




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during non-business hours, the telephone number of the Town Police Department, and the 24-hour
helpline or hotline for the Town; and ( iv)a legible copy of this Section 39A;
g)The license tag issued by the Animal Control Officer pursuant to this section shall be attached to
the pit bull by means of a collar or harness         and shall not be attached   to any pit bull other than the pit
bull for which the license tag was issued. If the pit bull license tag is lost or destroyed, a duplicate

may be issued by the Animal Control Officer upon the owner or keeper's application and payment of a
fee in the amount of twenty-five dollars ($25.        00);
h)The Animal Control Officer and the Town Clerk shall each maintain a file containing the license
numbers, pit bull tag numbers, and the names and addresses of the owner or keepers. The owner or
keeper shall notify the Animal Control Officer and the Town Clerk in writing of any change of address;
i)  At all times when a pit bull is at the property of the owner or keeper, the owner or keeper shall

keep the pit bull confined, either in a secure temporary enclosure or within the premises of the owner
or keeper or within     a fenced   enclosure   from which the dog cannot escape. At all times when a pit bull
is away from the property of the owner or keeper, the owner or keeper shall keep the pit bull either

securely leashed and muzzled or in a secure temporary enclosure;
k)The owner or keeper shall not sell or otherwise transfer the pit bull to any person resident in the
Town except a member          of the owner' s or keeper's immediate      family who will then become the owner
or keeper and     will be subject to all of the provisions of this section 39A. The owner or keeper shall

notify the Town Clerk within five days in the event that the pit bull is lost, stolen, dies, or has a litter.
In the event of a litter, the owner or keeper ( i)           must deliver the puppies to the Town        Kennel  for
destruction    or ( ii) shall   permanently remove the puppies from the Town and provide sufficient
evidence    of such removal     by the time the puppies are weaned. In no event shall the owner or keeper
be allowed to keep in the Town a pit bull puppy born after the date of enactment of this Section 39A
that is more than        eight weeks old. Any pit bull puppies kept contrary to the provisions of this
subsection    are subject to immediate       impoundment and disposal pursuant to this Section 39A;
I)  The    owner   or  keeper    shall  have   posted at each possible entrance to the owner' s or keeper's
property where the pit bull is kept a conspicuous and clearly legible sign. Such sign must be at least
eight and one-half (8'/    z)inches by eleven ( 11) inches in rectangular dimensions and shall contain only
the words " WARNING - PIT BULL DOG" in lettering which                is not less than two inches     in height and
which is in sharp contrast with the background of the sign.


Section   5. Impoundment

a)Any pit bull found by the Animal Control Officer or any member of the Town Police Department to
be on the loose, at-   large, or unconfined, or which has been observed by the Animal Control Officer or
any member     of the Town Police Department to have mauled, bitten, attacked, threatened, or in any

way menaced     another animal or human shall be presumed to be in violation      of this by-law and shall
be subject to immediate     impoundment;
b)The Animal Control Officer is authorized to immediately impound any Pit Bull which is in violation
of this by-law and which does not fall within the exceptions listed therein. The Animal Control Officer is
authorized  to house and/or dispose of any impounded Pit Bull at his/  her sole professional discretion.

Section   6. Impoundment     Procedure      and   Enforcement

a)The     Animal   Control   Officer   is
                                      empowered to make whatever inquiry or investigation is deemed
necessary    to ensure compliance     with the provisions of this by-        law. The Animal Control Officer is
empowered      to seize and impound any    pit bull found   to be in violation   of this by-
                                                                                           law or any pit bull for
which the owner or keeper has failed to comply with the provisions of this Section 39A;

b)The Animal Control Officer shall not release a pit bull from impoundment unless the owner or
keeper ( i)   provides proof of registration and license satisfactory to the Animal Control Officer, (ii)
provides adequate proof that any violations            of this   by-law have been corrected        in a manner

satisfactory to the Animal Control Officer; (iii)remits payment to the Animal Control Officer of all fines
issued pursuant to violations    under this by-  law; and ( iv)remits payment to the Animal Control Officer
for the costs associated    with the impounding     of the pit bull and the term of impoundment        of the pit
bu I I;

c)The Animal Control Officer and the Town Police Department shall each have the authority and shall
cooperate with each other to the greatest extent possible to enforce the provisions of this by-law. The
Town Police Department shall notify the Animal Control Officer of any location or address at which a

pit bull is observed;
d)A pit bull found in violation of this by-law shall be subject to immediate impoundment;




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e)Any violation of this Section 39A shall be subject to a fine of twenty-five dollars ($25.00),and the
owner' s or keeper's pit bull shall be subject to impoundment. An owner or keeper who commits              a

second offense or additional  offenses shall be subject to a fine of one hundred   dollars ($100.00) for
each such offense. Each day a violation    exists shall be considered a separate and    distinct violation.
This by-law may also be enforced pursuant to the provisions of G.L. c. 40, ~ 21D.

Section     7. Appeal Procedure

a)The owner or keeper of a dog that has been impounded pursuant to this by-law or that has been
the subject of a citation for a violation      under this by- law may dispute the classification    of such a dog
as a pit bull or whether     the provisions of this by- law for enforcement have been complied with by filing
a written     petition with the Animal Control Officer for a hearing concerning such classification        no later

than seven (7)calendar         days after the date of impoundment or citation. A petition shall include, but
not be limited to, i)  ( the complete legal name and social security number of the pit bull's owner and/or
keeper; (ii)the complete residential address of the pit bull's owner and/or keeper; (iii)the complete
address     where the pit bull is primarily housed/sheltered; (iv) the telephone number           of the pit bull's
owner and/    or keeper; (v)the complete details of the pit bull's documented identification, including but
not limited      to the pit bull's registration and/or license    number  as issued   by the Town; and ( vi) a
summary        of the facts that the petitioner wishes      to introduce  for consideration    in support of the

petitioner's appeal. The written petition shall be submitted under oath or affirmation.


b)The        hearing       will   be       hearing officer. Any facts which the petitioner wishes to be
                                        held     before    the
considered        shall    be submitted     or affirmation, either in writing or orally at the hearing. The
                                                 under     oath

hearing officer shall make a final determination     of the petitioner's appeal. Such final determination
shall be considered   a final action by a municipal board. If the dog is found to be a pit bull and the

impoundment or the citation is in compliance with this by-law, the pit bull shall be destroyed unless
the owner or keeper produces evidence     deemed    sufficient  by the hearing officer that the pit bull is to
be removed    permanently from the Town and the owner or keeper pays the cost of impoundment. If
the dog is found    not to be a pit bull or the impoundment         or citation  is determined    by the hearing
officer not to have complied with this by- law, the dog   shall  be    released to the owner   or keeper with no
impoundment fee imposed unless the dog was impounded as a result of the provisions of Section 39.
Board      of Selectmen


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

                                                                  VOTE:          10-0-
                                                                                 0


DISCUSSION:                            The
                                      language of the Bylaw Amendment regulating Pit Bull dogs has
                                               proposed
not   been      finalized       and     leaves     several
                                        important questions unanswered.    For example, there    is no

provision for how to handle families moving into Canton who currently own a pit bull dog. Due to
these concerns, the Finance Committee   unanimously voted to postpone this article indefinitely.




                                   APPROVED                                  DISAPPROVED




SCENIC       ROAD         TREE BY-
                                 LAW
Article     20            To    see    if the    Town     will   vote   to   amend      the    General     By-laws by adding        the    following
Section    21 to Article          XVI - Miscellaneous, or to take               any other       action    related   thereto.
Scenic     Road    Tree        Bylaw

1.0        Introduction/Purpose
           A.             The Town       of Canton        has    designated     certain       roads    in the Town   as   scenic   roads

pursuant to L.
            M.G. c.
                  40                   Section     15C.




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        B.     The purpose   of this Scenic Road Tree Bylaw is to establish penalties and enforcement
procedures for unauthorized   cutting, trimming or removal of Scenic Road Trees and unauthorized
tearing down or destruction of stone walls, or portions thereof.

2.0            Definitions
As used        in this   Scenic      Road      Tree      Bylaw, the following words shall have the following meanings.
           A.              Scenic     Road     Tree:       any tree greater than one and one half inches in diameter one foot
from     the    ground      within     a   scenic     road    or on       the    boundaries       thereof.


3.0            Proscribed        Activities
           A.              Any repair, maintenance, reconstruction,
                                                            or paving   work done with   respect to any
scenic     road      in the      Town      shall    not     involve             include    the
                                                           cutting, trimming or removal of any Scenic
                                                                          or

Road Tree in whole or in part, or the tearing down or destruction    of a stone wall, or portion thereof,

except with the prior written consent of the Planning Board after a public hearing.

4.0            Penalties
           A.              Any violation of Section                3.A of this       Scenic      Road    Tree       Bylaw   shall    be   punished by a fine
of three       hundred      dollars ($300.00).



               B.          Each    violation       of Section       3.A of this       Scenic      Road       Tree   Bylaw    shall   constitute    a   separate
offense.


5.0            Enforcement
           A.              The    Planning         Board     and    its
                                              agents, the Tree Warden or his deputy and any officer with
police    powers         may      issue    enforcement             orders
                                                  directing compliance with this Scenic Road Tree Bylaw
and may undertake     any other enforcement   action authorized     by law.
         B.      The Planning Board and its agents and the Tree Warden and his deputy may enforce
this Scenic Road Tree Bylaw without limitation    by a civil action for injunctive relief filed in a court of
competent jurisdiction.
        C.        Noncriminal   Disposition
                  1.      This Scenic Road Tree Bylaw may be enforced       without limitation    through
         noncriminal  disposition pursuant to L.
                                              M.G. c.     40 Section 21D.
                  2.      The Planning Board, its agent, the Tree Warden and his deputy are hereby

        designated as the enforcing persons for such noncriminal disposition.
         D.       Nothing in this Scenic Road Tree Bylaw shall preclude its enforcement by any lawful
means      not stated         herein.
Board      of Selectmen              for the P/
                                              annina Board



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


                                                                          VOTE:            9-
                                                                                           00-




PLANNING             BOARD          MOTION:
MOVED:                     That      the    General          By-laws            of   the   Town         be    hereby        amended         by adding      the

following           Section       21 to Article           XVI -Miscellaneous:


Scenic     Road          By-law

1.0        Introduction/ Purpose
           A.              The Town           of Canton           has     designated         certain         roads    in the Town          as   scenic   roads
            M.G. c. 40 Section
pursuant to L.                                               15C.
               B.          The     purpose          of     this    Scenic         Road Tree By-  law is to establish   penalties and
enforcement               procedures            for      unauthorized            cutting, trimming or removal        of Scenic  Road
Trees     and       unauthorized              tearing       down          or destruction   of stone walls, or portions thereof.




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2.0        Definitions
As used        in this    Scenic    Road      By-law, the following                      words         shall     have     the    following meanings.

           A.            Scenic     Road     Tree: any            tree     greater than            one       and       one    half    inches     in    diameter
one     foot    from     the   ground       within      a   scenic       road     or on     the    boundaries              thereof.


3.0        Proscribed           Activities
           A.  Any repair, maintenance, reconstruction, or paving work done with respect to
any scenic road in the Town shall not involve  or include the cutting, trimming or removal  of

any Scenic Road Tree in whole or in part, or the tearing down or destruction   of a stone wall,
or portion  thereof, except with the prior written consent of the Planning Board after a
public hearing.

4.0        Penalties
           A.            Any violation        of Section           3.A of this          Scenic         Road      Tree     By-law shall           be   punished
by a fine       of three       hundred       dollars ($
                                                      300.00).

           B.            Each    violation        of Section        3.A of this          Scenic         Road      Tree       By-law shall        constitute
a   separate offense.

5.0        Rules       and     Regulations

           A.    The Planning Board may adopt rules and                                      regulations after a public hearing to
further    implement this By-law.

6.0        Enforcement
           A.            The    Planning          Board     and      its   agents, the            Tree         Warden           or his deputy and            any
officer    with        police     powers          may     issue     enforcement                 orders         directing         compliance with             this
Scenic     Road        Tree     By-law       and    may      undertake            any      other        enforcement                action    authorized        by
law.
           B.            The    Planningand its agents and the Tree Warden
                                              Board                            and his deputy may
enforce        this   Scenic     Road      Tree
                                    By-law without limitation by a civil action for injunctive relief
filed    in a court of competent jurisdiction.
            C.     Non-criminal Disposition
                   1.     This Scenic Road Tree By-  law may been forced without limitation
            through non-criminal disposition pursuant to 40 M.
                                                            L.  G.Section
                                                                c.              21D.
                   2.     The Planning Board, its agent, the Tree Warden and his deputy are

            hereby designated as the enforcing persons for such non-criminal disposition.
            D.     Nothing in this Scenic Road Tree By-law shall preclude its enforcement      by any
lawful     means        not stated         herein.




FINANCE         COMMITTEE           DISCUSSION:                            The    Planning        Board          has    created      rules   and      regulations
regarding " scenic" ways              in    the    Town      of   Canton         but    there     is    no     official    by-law.         The   town    counsel

suggested that the town               should       have      a    scenic    way        by-law.         Article     20     was    drafted   by the Planning
Board     and    was     intended    to    incorporate       the    Planning           Board' s   scenic"
                                                                                                  "       way              rules     and regulations into a

by-law.        The    Planning    Board      and    the     Board    of Selectmen
                                                            presented information                                                     regarding this article
to the Finance Committee.    The Board of Selectmen     agreed in principal with the article but felt the
language was unclear and took exception to the inclusion of " tree trimming" in the by-law. The
Planning Board indicated that the language in article 20 is incomplete and does not reflect all of the
existing Planning Board scenic way rules and regulations. Members of the Finance Committee voted
to defer to the Planning   Board    because  we understand   that the Planning    Board  will change the

language of the by-law to clarify the wording and align with the Board of Selectmen.




                                  APPROVED                                   DISAPPROVED




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ADOPTION          OF CHAPTER         43D    EXPEDITED            PERMITTING
Article      21         To see if the Town     will vote to      accept G.L. c.
                                                                              43D, Sections                 1   through 16, Expedited
Permitting, or to take          any other   action   related    thereto.



G.L. c.
      43D, Section          1 states that "[n]
                                             otwithstanding               any    general      or special law, charter provision, by-
law   or    ordinance    to the   contrary this chapter        shall   apply    upon   its   acceptance by a city or town."

G.L. c.
      43D, Section          1A states   that "[t]
                                         secretary of administration
                                                he                   and finance shall collaborate with
the    commissioner        of     revenue   and    the
                                         state treasurer  to develop   incentives that  expedite local
permitting and zoning consistent with this chapter. Said incentives may include, but shall not be
limited to, use of payments pursuant to section 25A of chapter 58 to cities and towns, or other forms
of fiscal    incentives...."



G.L. c. 43D, Section 2 states that " the following                       words     shall,     unless    the      context         clearly   requires
otherwise, have the following meanings:--


 Governing         body", ...in towns the         board   of selectmen.



 Interagency permitting board",the board ... established to review and approve                                              ordeny municipal
priority development site proposals and to grant and administer technical assistance                                        grants.


  Issuing authority", a local board, commission, department                                    or   other       municipal         entity that is
responsible for issuing permits, granting approvals or otherwise                               involved         in   land   use    development
including redevelopment of existing buildings and structures.


  Permit", a permit formal determination, order of conditions, license, certificate, authorization,
registration, plan approval, zoning relief or other approval or determination     with respect to the use or

development of land, buildings, or structures required by any issuing authority including but not
limited to those under statutory authorities   contained    in chapter 40A, sections 81A to 81J, inclusive,
and sections 81X to 81GG, inclusive, of chapter 41, sections 40 and 40A of chapter 131, sections 26 to

32, inclusive, of chapter 111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts
of 1975, or otherwise   under state law or local by- law or ordinance, and all associated regulations, by-
laws and rules, but not including     building permits or approvals pursuant to sections 810 to 81W,
inclusive, of chapter 41. "Permit" shall not include the decision of an agency to dispose of property
under its management or control; predevelopment        reviews conducted  by the municipal office of permit
coordination  or a technical  review team; or permits granted by the Massachusetts         Water Resources

Authority.


  Priority development site",a privately or publicly owned property that is: (1) commercially or
industrially zoned; (2)eligible under applicable zoning provisions, including special permits or other
discretionary permits, for the development or redevelopment of a building at least 50,000 square feet
of gross    floor area in new or existing buildings or structures; and ( 3) designated   as a  priority
development site by the board...."


 Secretary", the secretary of the            executive      office     of economic     development.

  Technical   review team",an informal   working group consisting of representatives of the various
issuing authorities designed by the head of their issuing authority to review requests submitted under
this chapter. The technical review team shall not include members   of the zoning board of appeals."



G.L. c.
      43D, Section          3 states that




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a)f]    [r a property to receive a designation as a priority development site, the governing body, after
        o
approval by a town meeting in a town, shall file a formal proposal with the board. The proposal shall
include: ( 1)a detailed  description of the property; (2) good faith commitment to comply with this
chapter; (3)written authorization    of the property owner; and ( 4)at the discretion  of the governing

body, a request for a technical assistance grant.


  b)All requests for           a   technical   assistance
                                               grant shall include a detailed description of how the grant
will   be used   and   shall   be submitted       with proposal as described in subsection ( a).
                                                         the formal                             The grants
shall be used to implement the requirements of this chapter, which shall include but not be limited to,

professional staffing assistance, local government reorganization, and consulting services. The amount
of any single grant awarded       from the fund, shall not exceed $ 150,000. The board shall review and
determine   eligibility of the proposals and approve requests within 60 days of receipt of the proposals.



G.L. c.
      43D, Section      4 states that "[w]  ithin 120 days of the acceptance of this chapter the governing
body shall implement the following: ( a) appoint a single point of contact to serve as the primary
municipal liaison for all issues relating to this chapter; (b) amend rules and regulations on permit
issuance    to conform    to this chapter; ( c) along with the issuing authority, collect         and ensure the

availability of all governing statutes, local ... by-   laws, regulations, procedures and protocols pertaining
to each permit; (d)establish        a procedure   whereby the governing body shall determine all permits,
reviews    and   predevelopment reviews required for a project; all required scoping sessions, public
comment      periods and public hearings; and all additional           specific applications and supplemental
information    required for review, including, where applicable, the identification       of potential conflicts   of

jurisdiction   or substantive   standards   with  abutting municipalities    and   a procedure   for notifying   the

applicant; and ( e) establish a procedure, following the notification           of the required submissions       for
review as set forth in clause ( d),     for determining    if all the materials   required for the review of the
project have been completed."

G.L. c.
      43D, Section         5 states that



a)p]    [ riority development permit reviews and final decisions shall be completed within 180 days
subject to the extension herein. The time period shall begin the day after the issuance of the notice
that the application       materials are complete    pursuant to clause ( e)of section 4. The governing body
shall notify the applicant in writing within        20 business  days from receipt of the completed form of
additional    information    needed or requirements that it may have. The governing body may provide for

pre-     application conferences to facilitate this process.


  b)The resubmission  of the application or the submission of such                 additional   information   required   by
thegoverning body shall commence a new 30-day period for review                    of the additional   information.



  c)If, at any time, an issuing authority determines that a permit or other predevelopment review is
required which it did not previously identify, it shall immediately notify the applicant by certified mail
and shall where     public notice and comment or hearings are not required complete action on the
application filed for the previously unidentified    permit within 30 days of receipt of the completed
application or not later than the latest required decision date for a pending permit, whichever is later.
Where public notice and comment or hearing are required for the previously unidentified        permit, the
required   action date   shall be not later than  30 days  from  the later of the close of the  hearing or
comment period, which shall be scheduled      to commence as quickly as publication allows. The failure of
the governing body to notify an applicant of the requirement of a public hearing or comment period
shall not constitute a waiver of the requirement."



G.L. c.
      43D, Section         6 states that



a)i]   n[ accordance with this chapter, the governing body may establish an informal procedure to
allow permit applicants   to obtain   advisory review by a technical review team of any issue of law,
policy, procedure, or classification that the applicant claims is in dispute between the applicant and the
issuing authority which has affected or will affect the ability of the applicant to obtain timely review of



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the  permit application. The procedures shall provide for filing a request for review by the applicant,
representation by the issuing authority on the technical review team, and a period not to exceed 30
days for issuance of a decision. Use of this procedure shall toll the review time periods. An advisory
determination   or ruling made  pursuant to a procedure established in this section shall not constitute a
decision or final action and shall not be subject to any right of administrative or judicial review.




 b)The governing body may establish an additional and separate fee, in addition to any fees that
may  be assessed    by an issuing authority in order to carry out its duties under this chapter, and may
deposit the fees in a special account to be maintained by the treasurer. The special account, including
any accrued    interest shall  be expended    at the direction of the governing    body, without further
appropriation; but, the funds shall be expended only in carrying out its responsibilities under this
chapter."

G.L. c.
      43D, Section              7 states that "[f]   by any issuing authority to take final action
                                                 ailure                                              on a   permit or
approval within          the  180-day period or extended time, if applicable, shall be considered    a   grant of the
relief requested         of that authority...."



G.L. c.
      43D, Section              8 states that "[t]
                                           grant shall not occur where: ( 1)the governing body has made
                                                 he
a   timely    determination        application is not complete in accordance with its requirements and
                                      that   the
notified   the applicant as set forth   herein  and   the applicant has not made      a timely    response    to

complete the application; ( 2)the governing body has determined that the final application contained
false or misleading information; or (3)the governing body has determined         that substantial   changes to
the project affect the information   required  to process  the  permit application  have  occurred    since the

filing of the application."

G.L. c.
      43D, Section         9 states that "[t]   he 180 day time period may be waived        or extended   for good
cause     upon            request of the applicant with the consent of the governing body or upon written
                     written

request of the issuing authority with the consent of the applicant. The 180-day period may be
extended     for up to 30 days by the governing             body in the event an additional        permit or other
predevelopment        review   is required  in accordance  with subsection (  c) of section 5, if  the requirement
for the previously unidentified        permit or review has been determined no less than 150 days after the
issuance of the notice of completeness. The 180 day time period shall be extended                 when the issuing

authority determines either: ( 1)that action by another federal, state or municipal government agency
is required before the issuing authority may act; 2        ( )that judicial proceedings affect the ability of the
issuing authority or applicant to proceed with the application; or (3)that enforcement                 proceedings
that could     result   in revocation    of an existing permit for that facility or activity and denial      of the

application have been commenced. In those circumstances, the issuing authority shall provide written
notification   to the secretary. When the reason for the extension           is no longer applicable, the issuing

authority shall immediately notify the applicant, and shall complete its decision within the time period
specified in this section, beginning the day after the notice is issued. An issuing authority may not use
lack of time for review as a basis for denial           of a permit if the applicant    has provided    a complete

application and met all other obligations in accordance with this chapter...."

G.L. c.
      43D, Section              10 states that



a)a]  [ ppeals         from
                     issuing authority decisions or from a grant by operation of law shall be filed within
20 days after          the     last
                         individual permitting decision has been rendered or within 20 days after the
conclusion of the 180 day period as set forth in subsection ( a)of section 5, whichever is later. The 180

day period shall be increased by the number of days in any extension granted under this chapter.


    b)A person   aggrieved by a final decision of any issuing authority, or by the failure of that authority
to take      final    action
                       concerning the application within the time specified, whether or not previously a
party to the proceeding, or any governmental officer, board, or agency, may appeal to the division of
administrative   law appeals by bringing an action within 20 days after a written decision was or should
have   been    rendered.   Appeals from decisions     of  multiple permitting authorities    shall  be filed

simultaneously and shall be consolidated for purposes of hearing and decision. This section shall not




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apply   to   appeals pursuant to sections 40 and 40A of chapter 131, which shall                                continue     to be   appealed
in accordance     with said chapter 131, chapter 30A and applicable regulations.



  c) When       hearing   appeals     under     this    chapter,      the   division   shall     revise    its rules, procedures           and

regulations    to the extent      necessary    to accord       with   the   requirements       of this    chapter.


 d)The division shall render a final written decision within 90 days of the receipt of the appeal.
Thereafter, an aggrieved party may appeal to the superior court department by bringing an action
within 20 days after the division has rendered a final decision."




G.L. c.
      43D, Section        11 states that



a)p]
   [ ermits       shall   not transfer      automatically to successors in title, unless                  the    permit expressly       allows
the transfer    without   the    approval    of the issuing authority.



  b)Issuing authorities having substantive jurisdiction over permit issuance may develop procedures
for  simplified permit renewals   and  annual   reporting requirements. If the procedures   are  not

developed, renewals of permits shall be governed by the same procedures and timelines as specified
in conjunction with this chapter.



  c)Issuing authorities shall make reasonable effort to review permit modification requests within as
short  a period as is feasible    to maintain the integrity of the expedited permitting process. An issuing

authority shall inform an applicant within 20 business             days of receipt of a request whether the
modification   is approved, denied, determined       to be substantial  or additional   information    is required by
the issuing authority in order to issue a decision. If additional          information     is required, the issuing

authority shall inform an applicant within 20 business days after receipt of the required additional
information    whether     the modification   is approved    or denied   or that   additional    information    is still

required by   the   issuing authority  in order  to render  a decision. In  cases  in which    the  issuing authority
determines     that   a   requested   modification   is substantial, the    original review period for permit
categories as set forth in section 5 shall apply.


 d)Permits issued     pursuant to this chapter shall expire 5 years from the date of the expiration of the
applicable appeal     period  unless    exercised   sooner.  Where    permits cover multiple       buildings,
commencement      and  continuation   of construction   of 1 building  shall preserve  the permit validity.
Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not
invalidate the permits or review certificates.     Nothing in this section shall limit the effectiveness   of
section 6 of chapter 40A."



G.L. c.
      43D, Section        12 states that "[
                                          a]priority             development      site shall     be   eligible    for the    following:--


 a) priority consideration           for    community          development      action      grants, and         public     works     economic

development grants;


 b) priority      consideration      for    other      state    resources     such     as   quasi-public         financing     and    training
programs;



 c)brownfields       remediation      assistance;


 d) enhanced          marketing        by     the      Massachusetts         office    of      business         development,         and   the
Massachusetts      alliance     for economic    development;          and



 e)technical      assistance      provided by the regional planning              council."



G.L. c.
      43D, Section        13 states that




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a) t]  [ echnical assistance funding is intended   to  be                               a      one-time           grant to municipality,             if   the

municipality has adopted expedited permitting as provided                                in sections          3 to   11, inclusive.


 b) A municipality shall be eligible for technical assistance funding, which may be less than                                                             the

previous amounts awarded, for a second time if it has identified    and successfully permitted                                                            one

priority development site."



G.L. c.
      43D, Section           14 states that



a] ny required reviews established under sections                           61    to 62H, inclusive, of chapter 30 or sections 26
to 27C, inclusive, of chapter 9 shall conclude within                       120    days of a state determination  of completeness
of required  review   materials, as established    by                       the    executive            office       of    environmental        affairs     in
consultation with the state secretary...."



G.L. c.   43D, Section 15 states that "[n]othing in this chapter                            shall    be construed            to alter     the substantive

jurisdictional authority of issuing authorities."

G.L. c. 43D, Section 16  states                  that "[ t]
                                                          he          secretary        shall     promulgate               rules   and     regulations      to

implement this chapter."

and    to see if the Town       will   vote to amend          Section  1. 15, Definitions, of the Zoning Bylaw by adding the
following new Subsection                 1.
                                         26
                                          14.         and        renumbering the following subsections       of Section 1.15

accordingly, or to take any             other   action      related    thereto:



Municipal Liaison:       a   single point of contact appointed by the Board of Selectmen to serve as the
primary municipal        liaison  for all issues relating to the Expedited Permitting Statute, L.
                                                                                               M.G. c. 43D ~~
                                                                                                            1-
16.



and    to see if the Town      will    vote to amend          Section    2.1, Use Regulations,                    of the    Zoning Bylaw by adding
the   following   new   Subsection           2.
                                             1,
                                              11. to take
                                                      or               any other        action      related       thereto:



2.
111.      Priority Developments

         A.     In  a  Business   District, Limited  Industrial District, Industrial  District, Economic
Opportunity District, Canton Center Economic Opportunity District, or Hotel Overlay District, a
proposal for the development or redevelopment of a building with at least 50,000 square feet of gross
floor area in new or existing buildings or structures on a site which has been designated as a priority

development site by the Interagency Permitting Board described in G.L. c.     23A, §62 may be permitted
pursuant to the procedures set forth in the Expedited Permitting Statute, G.L. c. 43D §§
                                                                                       1-   16.

          B.       Within       120      days    of   the    acceptance of the Expedited                          Permitting      Statute     by   vote    of
Town    Meeting, the     Board        of Selectmen       shall  implement the following:

                   B.1.        appoint a single point of contact to serve as the primary municipal                                              liaison   for
          all issues    relating to the Expedited Permitting Statute;

                   B.2.         amend         rules   and     regulations    on        permit       issuance        to conform       to the     Expedited
          Permitting Statute;

                   B.3.    along with the issuing authorities  as defined   in G.L. c.  43D, §2, collect                                                  and
          ensure   theavailability of all governing statutes, local by-  laws, regulations, procedures                                                    and

          protocols pertaining to each permit;

                   B.4.         establish       a procedure whereby                the         Board     of       Selectmen       shall    determine       all

          permits, reviews             and   predevelopment  reviews                   required        for    a    project; all      required      scoping



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           sessions, public comment periods and public hearings; and all additional specific applications
           and     supplemental   information     required   for   review, including, where     applicable, the
           identification  of potential  conflicts   of jurisdiction  or substantive  standards   with  abutting
           municipalities and a procedure for notifying the applicant; and

                        B.5.           establish procedure, following the notification
                                                        a                                                        of the       required   submissions          for
           review       as    set     forth       in   Subsection
                                                         B.4.,for determining if all                             the     materials       required      for    the
           review      of the       project have been completed.
Board     of Selectmen               for the Economic  Development Committee

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


                                                                      VOTE:           10-0-
                                                                                      0




DISCUSSION:                      Finance    The
                                            Committee     unanimously   supports postponing this    article

indefinitely.         The    expediting permitting is to make Canton attractive to commercial/business
                             intent     of
ventures.    However, it was the opinion of the Finance Committee that this article would be too
restrictive.  The Board of Selectman     pointed out that there was a permitting manual created to help a
respective   business  understand    the  permitting process thus preventing delays.     The  other  issue

presented to the Finance Committee          was that   the town  boards  might not be able to meet the
proposed time frame due to their meeting schedules and other business.


                                     APPROVED                                       DISAPPROVED




ESTABLISH         A STUDY              COMMITTEE              FOR     REVITALIZATION                 OF ROUTE          138 CORRIDOR               AND
OTHER      COMMERCIAL                     AREAS
Article    22    To see if the town will vote to create                         a   study     committee     to examine          potential   factors     which

may    contribute       towards             further    economic       revitalization      of the    Route    138    Corridor      in Canton       as   well    as

potentially surrounding areas. Factors which may be studied                                            may      include, but       are     not    limited     to,
traffic, parking, parking structures, state grants, zoning, etc.

Said    Committee            shall      be        called " The       Route     138      Revitalization      Study        Committee"         and     shall      be

comprised        of    seven         members        appointed          by    the     Board     of   Selectmen      for    a    term   to    expire     at     the
conclusion      of Annual  Town                Meeting 2008.
                                                 Committee  composition shall                                      be:
           One    representative of the Board of Selectmen
           One    representative of the Planning Board
           One    representative of the Zoning Board of Appeals
           One    representative of the Economic Development Committee
           Two    representatives of the Canton Association of Industries
           One    citizen at large


Said   Committee            shall    hold      public meetings, duly advertised, on a schedule they shall deem adequate
and    shall    present       a     final     report to Annual Town Meeting 2008, or to take any other action related
thereto.
Board     of Selectmen




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

                                                                       VOTE:           8-
                                                                                       01-




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DISCUSSION:                   This article addresses   subject matter similar to that advanced by the Planning
Board     in   Article     Creation
                       24, "            of a Blue Ribbon     Panel    to Study/Report on a Long-Term Economic

Vitality   Plan - Turnpike     Street  Corridor."  While supporting the general notion of Route 138 economic
revitalization     advanced     by both Articles, the Board of Selectmen             have   indicated     to the   Finance
Committee       that they prefer the smaller      scale of the approach outlined         in Article   22.   The Planning
Board     has indicated     that they are willing to work        with    the  Board   of Selectmen       in developing     a

compromise        on the size, composition,   and  scope  of the   related   study  committee.     As  a  result, and  until
the Board of Selectmen         and the Planning Board have discussed            and resolved   their differing points of

view, the Finance Committee voted to postpone this article 22 indefinitely.


                                     APPROVED                                  DISAPPROVED




ESTABLISH          A STUDY            COMMITTEE                FOR     REVITALIZATION                 OF THE DOWNTOWN             AREA
Article     23       To    see       if the    town     will    vote   to create      a     study    committee      to examine    potential   factors
which     may    contribute          towards       further       economic      revitalization         of the     downtown     business   area, or to
taken     any other      action       related     thereto.
Board     of Selectmen




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


                                                                      VOTE:        10-0-
                                                                                   0




DISCUSSION:                           The      Finance        Committee       voted        to   postpone    this   article  indefinitely due to the
lack    of Board     of Selectmen             support.         The    Board   of Selectmen           felt that   it was   presumptive to form this
committee        before    the current           work    on     the downtown          is   completed.


                                     APPROVED                                  DISAPPROVED




CREATION           OF A BLUE RIBBON                     PANEL         TO   STUDY/REPORT ON A LONG-TERM                          ECONOMIC
VITALITY PLAN -TURNPIKE                            STREET            CORRIDOR
Article 24    To see if the Town Meeting will approve the creation of a Blue Ribbon Panel to study and

report on a long-term Economic Vitality Plan for the Turnpike Street Corridor. Said Study Panel will
be comprised    of 25 elected  and appointed  officials from the Board  of Selectmen, Planning   Board,
Zoning Board, Conservation    Commission, Board of Assessors, Economic Development Committee and
corporate, civic and private citizens. The appointment of the Study Panel members shall be made by
a simple majority vote of the Board of Selectmen, Planning   Board and the Town Moderator.


Said    Study    Panel     will       in-         in
                                          depth analysis for the need to develop a comprehensive plan
                                     engage             an

which     includes       but    is   not      limited
                                       examining zoning, wetlands and land use analysis, traffic and
                                                         to

egress issues, economic and housing development, transportation and marketing.         Said Study Panel
will aggressively meet in open forums and task group meetings to organize and create a plan which
will report back to the Annual Town Meeting findings and publish an Economic        Vitality Plan which
can be   used  by the Planning Board and the Board of Selectmen       as a guide  for further  use when

developing long-term viability for growth along the Turnpike Street Corridor.
Board of Selectmen     for the Planning Board




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ANNUAL           TOWN       MEETING          APRIL    30, 2007



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




                                                                    VOTE:           9-
                                                                                    00-




DISCUSSION:              There are two articles in the warrant concerning Turnpike Street. Article 22 is

sponsored by the Board of Selectmen and Article 24 by the Planning Board. The two are similar
except in the size of the study committee, the Planning Board favors a much larger group. During its'
presentation the Planning Board expressed a desire to meet with the Board of Selectmen and unify the
two articles.  The Finance Committee    supports this effort and voted to defer to the Planning Board,
while voting to postpone Article #22 indefinitely.




                                   APPROVED                                    DISAPPROVED




ACCEPT       2007       GENERAL            OR SESSION          LAWS          ENACTED       BY THE GENERAL                    COURT
Article     25       To see if the          town     will   vote   to    accept    2007    any    general    or    session         laws   enacted      by the
General      Court     for   the    benefit      of cities    or   towns      or   of benefit     to the    Town        of   Canton, or to        take    any
other     action   related     thereto.
Board      of Selectmen




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


                                                                   VOTE:           10-0-
                                                                                   0




DISCUSSION:                          At    the      current    time, some legislation              has     been     filed     in    the    General       Court

Legislature)         that    could        benefit     the   Town        of   Canton.      The     Governor        has    filed      legislation     allowing
municipalities         to join the Commonwealth                    of    Massachusetts
                                                                 Group Insurance Commission' s program.
Article    25    was    placed on the warrant to                   allow     the   Town    to
                                                                 support or reject, at Town Meeting, any
legislation that emerges from the 2007 General Court prior to Town Meeting. No laws enacted by
2007    General  Court and  benefiting the Town of Canton, have come forward.             Thus  the  Finance
Committee    voted to have the subject matter of this article withdrawn  from consideration    and action on
this warrant article postponed indefinitely.




                                   APPROVED                                    DISAPPROVED




MUNICIPAL            POLICE         OFFICERS          AND      FIREFIGHTERS; MAXIMUM AGE RESTRICTION
Article     26          We   the undersigned                registered voters of Canton request that Section 58A                                 which    was

approved  by town            meeting in 2006
                                     be rescinded.  This                                 would    allow    Canton        residents        over   the   age   of
32 to be appointed to the Fire and Police departments.
Petition for by Edward Kelly and fourteen      others




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

                                                                    VOTE:           9-
                                                                                    01-




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DISCUSSION:                               The      Finance      Committee         voted    9-1      postpone this article
                                                                                                    to                                        indefinitely.         The
Finance        Committee            met     with      the    sponsor        of this   article, the       Police
                                                                                                          Chief, and the                      Fire   Chief.     There
were         compelling arguments on both sides of the                                 issue.    The Chiefs felt strongly                     that    the     physical
demands         of public safety positions are substantial                              and   the     current       age     limit    should      be   maintained.
The     sponsor       felt    that       persons      otherwise         considered      young    are      excluded        from      service    to their     town      by
this    restriction.


                                         APPROVED                                     DISAPPROVED




EXPAND           THE PERSONAL                   PROPERTY              EXEMPTION           AMOUNT
Article        27 To see if the Town                  will      accept the provisions of G. L, chapter 59, Section 5, Clause
                                                              vote to

54, as inserted              by Section          114 of Chapter 159 of the Acts of 2000, and to establish a value of $5, 000
as     the    minimum            value    of    personal property to be subject to taxation, or to take any other action in
relation       thereto.
Board         of Selectmen               for the Board              of Assessors


MOVED:                      That     the Town        accept the provisions of G. L. chapter 59, Section 5, Clause                                                   54,
as     inserted       by     Section        114 of    Chapter 159 of the Acts of 2000, and establish a value of
 000 as the
5,                           minimum            value of personal property to be subject to taxation.




                                                                            VOTE:        8-
                                                                                         20-


DISCUSSION:                               The      Finance      Committee         supports the adoption              of Article        27.      The    adoption of
this article        will   not raise       or   lower       the total    amount of taxes that             the Town        can    collect      from    the personal
property of          businesses    subject to taxation. The adoption                             would      allow    the     Board      of Assessors           as   well
as     the    Finance       Department some relief from the overhead                             of
                                                               administering the personal property tax
from the smallest tax bills. The current minimum value of personal property taxed from businesses      is

3,  000. Raising the minimum    to $5,000 would shift approximately $4, 000  in personal property tax to
be shared by the remaining businesses   who would continue paying resulting in a negligible increase.




                                         APPROVED                                     DISAPPROVED




AMEND          TOWN            LAWS, ARTICLE
                             BY-                                    II,SECTION          2 -ANNUAL             TOWN         MEETING, TIME OF
Article        28           To    see     if the   town      will    vote    to amend     Town       By-Law       Article   II, Section 2, by inserting
after    the words " each                         30 the
                                         year at 7:  P.M."
                                                         following:

or such         other      day and        time as the Board              of Selectmen      may      set',

or   to take        any other        action     related       thereto.
Board         of Selectmen               for the Council             on Aaina



MOVED:                      That     the       Canton        General        By-laws, Article          II,Section            2, be hereby             amended         by
inserting           after    the words " each                 year      at 7:
                                                                            30 P.
                                                                                M."
                                                                                  the               following:

or such          other       day and           time    as    the Board         of Selectmen           may     set',


                                                                         VOTE:          10-0-
                                                                                        0




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ANNUAL         TOWN     MEETING       APRIL     30, 2007




DISCUSSION:                               At
                            present, under Town By-    Law Article 11, Section 2, the town meeting
typically begins            in
                        evening   the
                                  of  the last Monday in April at 7:30 P.M. Subsequent meetings ( if
needed) are also held on weekday nights, commencing at the same time. At the request of the
Council  on Aging, the Board  of Selectmen   would have the authority to propose other days and times
for the commencement of town meeting and any other follow up meeting dates necessary       to conclude
the posted agenda.


The         rationale
               for this  proposal is that the present system precludes a number of our citizens,
principallyseniors, from attending due to the late hour of these sessions. ( As indicated, the sessions
commence at 7:   30 P.M. and, while    they are supposed to end by 11:00 P.      M., on occasion have
continued to near midnight).


The   Council on Aging is of the belief that having meetings on weekends, commencing in the morning
or  early afternoon, would enable greater representation and participation by the citizens of Canton.
The Finance Committee     by unanimous vote is supportive of the amendment which, as stated, would
allow   the Board  of Selectmen, in its wisdom, to select       the appropriate time and  dates for town

meeting. The only concerns raised by FIN COM were: 1) that such dates not be too late in the spring,
resulting in a decrease in participation due to scheduled vacations, and 2) that such time and dates
not preclude attendance   resulting from conflicting with religious services.




                                     APPROVED                               DISAPPROVED




TOWN          BY-
                LAW FOR              TEMPORARY            FIRE WATCH          PATROL
Article       29           To see if the Town           will    vote to amend       the   town's   by-laws by adding           a    Temporary      Fire
Watch        Patrol     By-law Article XVI, Section              20.



Section        20       TEMPORARY              FIRE WATCH       PATROLS



A.   Pur ose: In order to avoid         relocating persons from or evacuation of, any building, structure,
place of business, place of habitation        or vacant  or abandoned   building or structure which in the
judgment of the Chief of the Canton Fire Department or is imminently dangerous or presents the
existence of conditions   likely to cause fire or explosion, the Chief of the Canton Fire Department may
order the owner, agent, or manager of such a building, structure, business         or place of habitation to

provide a temporary fire watch patrol if the Chief of the Canton Fire Department determines                a

reasonable  level of fire or life safety may be obtained   by the implementation of such an Order.

B.     Rules        and    Regulations:


1) The temporary fire watch personnel necessary to comply with any Order issued pursuant to
subpart A of this section of the Bylaws shall be specially trained in fire prevention and in the use of fire
extinguishers and occupant hose lines, in sounding building fire alarms, in understanding               the

particular fire safety situation of public education purposes, be able to instantly communicate with fire
alarm office by radio, and remain alert and undistracted   during this/her assigned hours.


2)          The     owner    of     any  building, structure, place of business, place of habitation   or                                 vacant     or

abandoned             building      or     structure
                                                  shall be responsible for any  and  all costs associated                                   with   the

temporary fire            watch     patrol.

C.     A       eal:       Any person           aggrieved by the        issuance    of an Order     pursuant to subpart             A of this   section
of    the     Bylaws      may      file    with   the   Board    of    Selectmen     with   a   copy   to   the   Chief   of       the   Canton    Fire




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ANNUAL        TOWN       MEETING      APRIL     30, 2007



Department of a notice of appeal within thirty days ( 30) after issuance of such Order. In the event of
such an appeal, the Board   of Selectmen  shall promptly hear such appeal and may affirm or deny the

appeal,  or may  remand   the  appeal  back  to the Chief of the Canton    Fire Department for further

investigation.

D.      Enforcement:              If the   owner   fails   to   comply   with  pursuant to subpart A of this
                                                                                the    Order   issued
section      of the   Bylaws,      then    the   Chief     of the   Canton      Fire deploy Fire Department
                                                                                  Department            may
personnel or make other arrangements to provide                            personnel sufficient
                                                                               to perform the requirements
of any such Order at the expense       of the property owner, who shall      be billed   monthly by the Fire
Department   for the costs thereof for  so long as the property  owner  continues   to fail to provide his own

personnel meeting the training requirements of subpart B(1) of this section of the Bylaws, to perform
such requirements of the Order, until the first to occur of the property owners compliance            with the
Order or the Order expiration or termination    of the Order. In addition, if such Order issued pursuant to

subpart A of this section of the Bylaw is not obeyed, the Chief of the Fire Department may seek a
court order requiring compliance with such Order.


E.     Penalties: If the billings issued by the Fire Department to the property owner for costs incurred

by the    townpursuant to subpart D of this section of the Bylaw are not reimbursed to the Town, such
nonreimbursed     billings shall constitute a " municipal charges lien" in accordance with G. L. Ch. 40,
section 48 upon the property upon which the temporary fire watch patrol was provided
Board of Selectmen       by for Fire Chief

MOVED:                 That    the Canton General   By-laws be hereby amended                                 by adding   a   Temporary
Fire Watch          Patrol    By-law Article XVI, Section 20, as follows:

Section        20     TEMPORARY            FIRE WATCH           PATROLS



A.     Pur     ose:     In    order
                          to avoid relocating persons from or evacuation      of, any building,
structure, place             of
                      business, place of habitation    or vacant  or  abandoned      building or
structure which in the judgment of the Chief of the Canton Fire Department or is imminently

dangerous or presents the existence of conditions likely to cause fire or explosion, the Chief
of the Canton  Fire Department may order the owner, agent, or manager       of such a building,

structure, business or place of habitation   to provide a temporary fire watch      patrol if the
Chief of the Canton  Fire Department determines   a reasonable level of fire or life safety may
be obtained  by the implementation of such an Order.

B.     Rules    and    Regulations:


1) The temporary fire watch          personnel necessary     to comply   with  any   Order issued

pursuant    to subpart  A of  this  section  of the   By-laws  shall be specially  trained in  fire

prevention and in the use of fire extinguishers          and  occupant hose lines, in sounding
building fire alarms, in understanding the particular fire safety situation of public education
purposes, be able to instantly communicate      with fire alarm office by radio, and remain alert
and undistracted   during this/h er  assigned  hours.



2) The         owner     of any
                          building, structure, place of business, place of habitation or vacant or
abandoned     building     structure shall be responsible for any and all costs associated
                                  or                                                          with
the    temporary fire watch patrol.

C. A         Any person aggrieved by the issuance of an Order pursuant to subpart A of this
          eal:
section      of the
               By-laws may file with the Board of Selectmen with a copy to the Chief of the
Canton  Fire Department of a notice of appeal within thirty days (30) after issuance of such
Order. In the event of such   an appeal, the  Board  of Selectmen  shall promptly hear such
appeal and may affirm or deny the appeal, or may remand the appeal back to the Chief of
the Canton Fire Department for further investigation.




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ANNUAL           TOWN      MEETING          APRIL   30, 2007



D.    Enforcement:                         to comply with the Order issued pursuant to subpart A
                                If the owner fails
of this   section     of the
                         By-laws, then the Chief of the Canton Fire Department may deploy Fire
Department personnel or make other arrangements to provide personnel sufficient                    to

perform the requirements of any such Order at the expense of the property owner, who
shall  be billed    monthly by the Fire Department for the costs thereof for so long as the
property owner continues        to fail   to provide     his own  personnel    meeting the training
requirements     of  subpart B(
                              1)  of this   section  of the  By-laws, to perform such requirements
of the Order, until the first to occur of the property owners compliance             with the Order
or the  Order    expiration or termination       of the  Order. In addition, if such   Order  issued

pursuant to subpart A of this section of the By-law is not obeyed, the Chief of the Fire
Department may seek a court order requiring compliance with such Order.

E.    Penalties:If the billings issued by the Fire Department to the property owner for costs
incurred by the town pursuant to subpart D of this section of the By-law are not reimbursed
to the Town, such     nonreimbursed    billings shall constitute a " municipal charges lien" in
accordance  with G. L. Ch. 40, section    48 upon the property upon which the temporary fire
watch patrol was provided.




                                                               VOTE:         9-
                                                                             10-




DISCUSSION:                      The   Finance        Committee        recommends    the adoption of Article 29. The purpose
of this   amendment         to the     By-
                                         Laws         is to   define   the   Purpose, Rules and Regulations, Appeal Process,
Enforcement, and          Penalties    related   to Temporary Fire Watch              Patrols.




                                APPROVED                                DISAPPROVED




AMEND ZONING                LAW, OVERLAY
                          BY-                            DISTRICT        FOR       RETIREMENT    HOUSING
Article    30      To see if the Town          will    vote to amend         the
                                                           Zoning By-Law of the Town, as most recently
amended, by inserting a new section creating a new "Retirement       Housing Overlay" District ( RHOD)
which would permit the establishment    of retirement housing. The following said new section would be

substantially in the form contained in a draft by-law provision entitled " Retirement Housing Overlay
District",copies of which are attached hereto and have been placed on file and are available for public
review at the office of the Planning   Board, at the office of the Town Clerk and at the office of the
Board of Selectmen    in Memorial  Hall, at the research desk at the Canton Public Library and on the
town web site, or to take any other action in relation thereto.


5.
 11        Retirement        Housing Overlay              District ( RHOD)


5.
111. Purpose              The    purpose    of the     Retirement
                                                          Housing Overlay District ( RHOD) is to:
          A.    Provide    dwellings       for occupancy
                                                    by individuals sixty-two (62) years of age or older;
           B.   Provide for mixed and diverse varieties of housing, including affordable     housing:
           C.   Provide   a  facility devoted    either   solely to assisted    living or in combination    with

                independent living as such uses are defined in L.    M.G. ch. 19D and providing at least some
                of the services described   therein.    These uses may be permitted on special permit by the

                Zoning Board of Appeals in a General              Residence  District  or in an overlay district
                designated by   Town    Meeting; and
           D.   Provide for residential  development in a manner that conserves environmental       features,
                woodlands, wet areas, open space, areas of scenic beauty, views and vistas.

5.
211. Location           and      Occupancy       of a RHOD.
          A.    The   location    of a RHOD  shall include all land designated by Town Meeting as being             within
                the   RHOD      pursuant to G.L. c. 40A, s. 5.,  or within a General Residence district.




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ANNUAL         TOWN             MEETING              APRIL     30, 2007



      B.    The    occupancy          of a RHODD           shall    be    by residents              62 years    of age or older.


5.
311. Applicability.     The  RHOD   is an overlay zoning district. The benefits of                                                        the     Retirement

      Housing Overlay District Development ( RHODD) shall accrue only to those                                                             parcels      located

      entirely within the boundaries of the RHOD.

      If thelandowner selects to file a development plan in conformance with the requirements of
      the RHOD, the development shall conform to the objectives, standards and criteria specified
      by the RHOD overlay zoning by-law.

      If the  landowner  selects to file a development plan in conformance with the requirements                                                             of
      the  underlying zoning district, the development shall conform to the objectives, standards                                                             and
      criteria specified by the underlying zoning by-  law.

5.
411. Definitions

      Applicant:           The    person     or   persons,        including legal entity, who applies for
                                                                                  a   corporation         or   other
      issuance        of    a    special     permit    for    construction              of
                                                                             a RHOD, hereunder.
                                                                                              a   RHODD
                                                                                                     The       within

      Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or
      have authority from the owner(s)  to act for him or hold an option or contract duly executed     by
      the owner(s)  and the Applicant giving the latter the right to acquire the land to be included    in
      the site.


      Buffer      Area:          An   area    within   a     RHOD        which  is adjacent to its boundaries, streams, ponds,

      lakes, and         reservoirs        which   may       not be      developed except as provided herein.

      Design Review:   The review   of                        the       overall       site designed by qualified team of site design
      professionals. A Massachusetts                          Registered              Landscape Architect shall lead the Site Design
      Review      Team.


      Development               Schedule:          A schedule            showing         the      order   and    timing         of construction        and        the

      sequence         of       the improvements             to    be    built     or   furnished         on    the     RHODD       site, separated           into

      stages where              applicable.

      Subdivision   Regulations:   The                        rules       and      regulations            of   the      Planning       Board      relative         to

      subdivisions, special permits and                      site   plans.

      Cottage Style Dwelling: A single family structure designed                                           to have       all   dwelling   units    placed         in

      proximity to one another.

      Town      House       Style Dwelling: Amulti-family                         structure         designed     to have        each   dwelling     unit

      placed      side     by side.

      Apartment Style Dwelling: Amulti-family                                structure            designed     to have         dwelling   units   placed
      one above the other ( stacked).



      Retirement            Housin_ Overlay District Development ( RHODD): Amulti-family development
      consisting           of  townhouse   style and/or apartment style dwellings    and/or cottages and
      permissible           accessory uses authorized by special permit from the Zoning Board as set forth
      herein.


      Retirement          Housin_ Overlay District ( RHODE: All                              land    designated         by Town Meeting           as   being
      within    the      district, pursuant to G.L. c. 40A, s.5.

      Wetlands:    All land subject to the provisions of Massachusetts                                          General         Law c. 131, ss. 40 and
      40A    and/or the Town' s Wetlands By-  Law.

5.
511. Use       Restrictions           or    Requirements.                A   RHODD, consisting of the multi-family                          uses       set forth

      below, individually              or   in combination,              may   be authorized  by a special permit                           issued       by       the




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ANNUAL           TOWN       MEETING           APRIL      30, 2007



        Zoning       Board    of   Appeals       pursuant       to this      Section     and    in   compliance        with    the    standards         set
        forth   herein.


        A.    Townhouse           Style    Structures      consisting        of   dwelling     units    occupied       by   persons        62   years    of

        age or older.        Townhouse          Style    Structure      shall     contain    no     less than    two ( 2)units.


        B.    Apartment Style             Structures      which    contain        dwelling units occupied by                persons        62   years    of

        age     or   older    and     which      are    designed        to    have    dwelling units placed                 one      above      another

        stacked).

        C.    Cottage Style Structures are asingle-family structure occupied by persons 62 years                                                  of age
        or   older and designed to have each dwelling unit placed in proximity to one another.


        D.   Structures  and   uses  accessory   to the     multi-family use set                                       forth       above     including:
        Community building serving the residents of the RHODD; underground                                             utilities    located     on a    lot
        not serving the dwelling; recreational facilities; and roadways.

5.
611.      Application.    An application    for a special  permit for construction of a RHODD shall be
submitted  to the Zoning Board on forms furnished     by the Zoning Board, accompanied by the filing fee.
The following information    and data and a development      plan as described below shall be submitted
within ninety (90) days of the application.

        A. All of the        information       required     for site    plan approval, if applicable;

        B. The       name    and    address      of the
                                          Applicant(s)and all legal and beneficial owners

        of the site.Copies            of all
                                  instruments, options, contracts or encumbrances

        affecting ownership of the development site. An instrument executed by all
        persons owning property within the site consenting to the development of the
        subject property, as applied for.

        C. A  proposed development schedule showing the beginning of construction, the
        rate of construction and development, including stages, if applicable, and the
        estimated  date of completion.


        D. A narrative   Design Review report prepared by qualified professions, detailing
        the  impact of the development on the Town' s capacity to furnish services
        including, but not limited to, roads, water and sanitation.

        E. Information            regarding the number and kind of dwelling units and other
        structures ( including          signs) proposed, their location, the number of bedrooms
        planned.

        F. Areas      to be set aside          for   building structures, parking              areas    and     conservation
        and     recreation        easements.


        G.    Information         pertaining     to any condominium                organization ( if any).

        H.    Copies of all proposed            deed     restrictions        to ensure occupancy           by persons          62

        years    of age      or   older.    If individual       units   are ever       sold, there     shall    be deed
        restrictions  requiring the resale of the dwelling units                          at affordable         prices and      the

        right of first refusal in favor of the Town for dwelling                            units to be sold      at
        affordable   prices, if applicable.

        I. Any andall other information   that the Planning Board may reasonably require
        in a formacceptable to it to assist in determining whether the Applicant's
        proposed development plan meets the objectives of this Section.


 11. Standards.
5.
7                            In order      to be     eligible   for consideration           for a    special permit, the



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ANNUAL        TOWN         MEETING        APRIL      30, 2007



proposed       RHODD         shall      meet all of the       following    standards:


A.   Qualifying  Land Area. Qualifying Land Areas shall be in one ownership with
     definitive boundaries, shall be located entirely within a RHOD and shall
     contain at least 5 contiguous acres of land. No more than sixty (60%)    percent
     of a Qualifying Land Area shall be Wetlands.


B. RHODD       Density. Not more than one dwelling unit shall be constructed                                     for
     each      000 square feet of Qualifying Land Area or portion thereof in a
              3,
     RHODD.


C.   Open Space Requirement.                     At least     twenty (20%)  percent of the RHODD site
     shall    be open        space.       The   open      space shall have a shape suitable to assure its
     use     for   landscaping           and/or open        space   purposes.


D.   Buffer     Area.       The
                        Zoning Board may require Buffer Areas at specific
      locations       along perimeter of the RHODD. Vegetation in this buffer area
                                  the
      shall be enhanced   as necessary   to provide a visual barrier. Buffer areas shall
      be included  in calculating the Open Space requirement of this by-    law.

E.   Minimum         Lot Frontages and              Access.       RHODD     sites shall   have     a   minimum

      frontage        of one hundred            and    twenty (120) feet        and    at least    one   means     of

      ingress/egress.

      The primary public roadway(s)  serving the site shall be subject to the Rules
      and Regulations of the  Canton Planning Board governing the Subdivision of
      Land, the Canton Department of Public Works regulations regarding water,
      sewer and storm drainage systems, and any other applicable     regulation and/or
      standards          of the Town.


      The   secondary private roadway(s)     serving the site shall be sized to adequately
      serve   the intended vehicular and pedestrian traffic. The secondary private

      roadway(s)     shall strive to conform to the Rules and Regulations of the Canton

      Planning Board governing the Subdivision of Land, the Canton Department of
      Public Works regulations regarding water, sewer and storm drainage systems,
      and any other applicable regulations and/or standards        of the Town.


     The  secondary private roadways shall be maintained by an association of unit
      owners  or by the applicant.  Paths for the use of residents shall be attractively

      designed with proper regard for convenience, separation of vehicular, bicycle
      and pedestrian traffic, and access to the amenities and facilities on the site and
      to paths on adjacent sites.


F.   Parkin .      There         shall    be a minimum         of 0.8     parking    spaces      per  independent
     living dwelling             unit and . 5    parking      spaces    per each      assisted     living dwelling
     unit.


     All   required parking shall be exclusively reserved                           for motor vehicles      of
     residents    or employees of the development.



G.   Stormwater                 eq ment.
                            Mana_                   The     stormwater    management system shall be
     designed         in accordance          with     the   Subdivision    Regulations and the DEP's
     Stormwater             Management          Guidelines        and   Regulations, as amended.

H.   Utilities.      All    electric, gas, telephone, water distribution                  lines, and     other
     utilities      shall    be placed underground.


I.   Dwellin        s.     The   development of one or more townhouse-style and/or multi-
     family        structure      and/or cottages on a lot or lots shall be permitted in an



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ANNUAL            TOWN       MEETING                APRIL   30, 2007



                application         to construct           a   RHODD.          Such    dwellings        may     be situated    on    any
                common or             individual         lot consistent        with    the overall       design objections          of the

                  RHOD, provided however, that such dwellings shall be connected to the
                  public sewer or shall comply with the provisions of the State Sanitary code,
                  310 CMR 15.00, or any other applicable State regulations, and with the rules
                of the      Board      of Health.


           J.   Affordable        Units.      At least
                                            ten (10%)  percent of the dwelling units shall be
                deed     restricted        for
                                     purchase by persons earning not more than eighty percent
                of the area median family income as defined by the Commonwealth' s

                Department of Housing and Community Development. Such affordable
                dwelling 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.


           K.   Preference.           As a condition      of approval, the Zoning Board shall require that
                Canton       residents        be   given first preference in the purchase of dwelling units
                within      the   RHODD.           Such preference shall be for thirty (30) percent of the

                dwelling      units     in the      RHODD        and     shall       be for at least      one    year from     the
                  issuance     of the first certificate            of occupancy              for any     residential     building
                within      the   RHODD.


           L.   Building Height. No building or structure shall                                   be constructed       to exceed      forty
                40')feet or four stories, whichever is lower.

           M.   Setbacks.         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 line 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:


                      Required         setback       distance                  30'

                      Required         side yard width                         30'

                      Required         rear yard depth                         30'


5.
811.       Fees.      The    filing    special permit pursuant to this Section shall be in
                                       fee for a
           accordance        with      the
                                 Zoning Board of Appeals fee schedule. The Planning Board
           shall also charge the applicant a technical  review fee, pursuant to G.L. c. 44, s.
           53G. Such technical    review fee shall be used to engage professional, technical

           and/or legal consultants to review and application for a special permit within the
           RHOD. The initial deposit of such fee shall be $00.
                                                             10,  000.

 11. Decision.
5.
9                    The Zoning Board of Appeals is designed as the Special Permit

           Granting Authority for the RHOD. The Zoning Board may grant a special permit
           for a RHODD where it makes the following findings:


           A.   The    proposed development complies                            with       the   requirements       of this   section;

           B.   The    Zoning       Board        finds    that   the    proposed development does not cause substantial
                detriment         to the      neighborhood             afterconsidering the following potential consequences:

                      1) noise, during               the construction                and    operation phases;

                      2) pedestrian               and     vehicular      traffic;



                      3) environmental                    harm;

                     4) visual impact caused by the character                                     and   scale   of the   proposed structure(s).
Petition    for    by Paul A. Schneiders and ten others



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ANNUAL          TOWN          MEETING          APRIL        30, 2007




MOVED:                   That    the        subject     matter            of    this    article     be    withdrawn           by    Petitioner     without
unfavorable         action       thereon.


                                                                     VOTE:              10-0-
                                                                                        0


DISCUSSION:                        The       Finance     Committee                unanimously           agrees     that     this   article   be   withdrawn
from   consideration            without       prejudice.            The        Committee' s       vote    was      based     on     information    that   the

Sponsor's       intention      is to withdraw         this   article       from       the floor   at town    meeting.




                                  APPROVED                                        DISAPPROVED




AMENDMENT                TO THE TOWN' S ZONING                        MAP -ARBORETUM                       WAY AND TURNPIKE                  STREET
Article    31       To see if the Town            will vote to amend                   the Town' s
                                                                   zoning map as most recently amended,
by placing parcels of land located along Arboretum Way and Turnpike Street, described on the Board
of Assessors   Map 91 as Lot 16 and Map 77 as Lot 8 as shown on a map, copies of which have been
placed on file and are available for public review at the office of the Planning Board, at the office of the
Town Clerk and at the office of the Board of Selectmen       in Memorial  Hall, at the research desk at the
Canton Public Library and on the town web site, to be within the Retirement Housing Overlay


District ( RHOD) established                 by vote     under       Article          32 of the    warrant       for this    town    meeting, or to take
any other       action    in relation       thereto.
Petition      for   by Paul A Schneiders                 and ten others




MOVED:                   That    the        subject     matter            of    this    article     be    withdrawn           by    Petitioner     without
unfavorable         action       thereon.


                                                                    VOTE:               10-0-
                                                                                        0


DISCUSSION:                        The       Finance     Committee                unanimously           agrees     that     this   article   be   withdrawn
from   consideration            without       prejudice.            The        Committee' s       vote    was      based     on     information    that   the

Sponsor's       intention      is to withdraw         this   article       from       the floor   at town    meeting.


                                  APPROVED                                        DISAPPROVED




AMENDMENT            TO THE TOWN' S ZONING                           MAP ALONG               ARBORETUM              WAY
Article    32             To    see    if   the   Town       will    vote        to    amend      the
                                                                              zoning map as most recentlyTown' s

amended, by placing parcels of land located along Turnpike Street and Arboretum Way, described on
the Board of Assessors    Map 91 as Lots 1 and 18 as shown on a map, copies of which have been placed
on file and are available  for public review at the office of the Planning Board, at the office of the Town
Clerk and at the office of the Board of Selectmen     in Memorial  Hall, at the research desk at the Canton
Public Library and on the town web site, to be within the Retirement        Housing Overlay District ( RHOD)
established  by vote under Article 32 of the warrant for this town meeting, or to take any other action
in relation     thereto.
Petition      for   by Paul A Schneiders                 and ten others




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ANNUAL         TOWN        MEETING            APRIL      30, 2007



MOVED:                  That      the   subject     matter          of    this   article      be   withdrawn           by    Petitioner        without
unfavorable          action     thereon.


                                                              VOTE:              10-0-
                                                                                 0




DISCUSSION:                        The    Finance        Committee          unanimously         agrees    that    this      article    be   withdrawn
from     consideration         without     prejudice.        The         Committee' s      vote     was   based        on    information       that    the

Sponsor's       intention     is to withdraw      this    article    from    the floor     at town    meeting.


                                  APPROVED                                  DISAPPROVED




AMENDMENT              TO ZONING          BY-
                                            LAW -DELETING                        BUILD     FACTOR
Article    33          To see if the      Town    will   vote to amend            the   Zoning By-Laws, as most recently amended,
by deleting Section 4.28, Build Factor, from Article IV                                 General Regulations, and Section 4.2 Open
Space Requirements, or to take any other action  related thereto.


Copies of the proposed change are available for review at the offices of the Town Clerk, the Planning
Board, and the Board of Selectmen at Town Hall, and at the reference desk at the Canton Public
Library.
P/
 annin          B


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




                                                                 VOTE:            9-
                                                                                  00-




PLANNING            BOARD      MOTION:
MOVED:                 Moved, that the Town amend                          its   Zoning Bylaw by deleting                    Section      28, Build
                                                                                                                                         4.
Factor     and      replacing it with the following:


Section     4.
             28



In all    Residential       Districts, no building except aone-
                                                              story building                                   of accessory            use, shall
be constructed           on a     lot which       has a build        factor       of more than        20. The          purpose        of the   Build
Factor     is to limit      the    degree    to which        a    lot may        have    an   irregular    or    odd        shape.

The     Build    Factor     is a ratioof Lot perimeter                    to Lot area which           limits     the   degree         to which    a

Lot may         have   an   irregular shape according                     to the   following        formula:




Build     Factor =Lot          Perimeter             divided        by       Actual      Lot Area
                        Actual     Lot Area                                 Required       Lot Area


As stated        above, the        maximum         allowed          is 20.




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ANNUAL        TOWN        MEETING          APRIL        30, 2007




FINANCE          COMMITTEE            DISCUSSION:                   The     Finance       Committee         voted    unanimously         to     defer
this   article     to   thePlanning       Board.      The    Planning      Board     will   present    their    recommendation            for    this
article    to Town      Meeting.




                                 APPROVED                               DISAPPROVED




AMENDMENT               TO ZONING        BY-
                                           LAW -SECTION                   2.
                                                                          212. CERTAIN               RESIDENTIAL          USES     BY
SPECIAL          PERMIT ONL Y
Article  34   To see if the town will vote to amend the Zoning By- law, as most recently amended, by
inserting into Section    2.
                          2  12. Certain   Residential Uses  by Special Permit Only, after Section
2.
2(
3),    12.a new subsection 4),
       A.                      2.
                               2(     12.in substantially the following form:
                                      A.

2.
2(
4)
 12.
 A.

for applicability to cone-family house only, the Board of Appeals may issue a special permit for                                                  the
conversion   and/or use of cone-family house existing fifty (50) years prior to the filing date of                                                the

application for the special permit, subject to the requirements of A.1,A.2 and A.3 of this section.

Or to take       any other      action   related    thereto.


Copies of the proposed change are available for review at the office of the Town Clerk, the Planning
Board, and the Board of Selectmen at Town Hall, and at the reference desk at the Canton Public
Library.
P/
 annina          Board


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




                                                               VOTE:         9-
                                                                             00-




PLANNING            BOARD       MOTION:
MOVED:                   That    the Town       amend       its   Zoning Bylaw by adding               the     following     new    Section
 12. after
2.
 C.                      Section      2.
                                      3:
                                       12.
                                       8.




2.
 12.
 C.


The conversion   and/or use of a one -family house existing fifty (50)years prior to the filing
date      of the
            application for the Special Permit, as a dwelling for not more than two families,
subject to the requirements of Section 1,2.
                                         1.  12.
                                             A      .A.2 and A.3. This Section 2.  12. does
                                                                                   C.
not apply to a convalescent   home, nursing home, boarding house, lodging house or tourist
home.




FINANCE          COMMITTEE            DISCUSSION:                   The    Finance     Committee       recommends          that   the    Planning
Board      add   language       indicating   that   the   conversion       be   limited     to   atwo-family        residence.     The    Finance

Source page 78

ANNUAL            TOWN           MEETING          APRIL      30, 2007



Committee             voted      unanimously             to     defer     this    article    tothe Planning           Board.       The     Planning   Board     will

present their          recommendation                for this article             to Town     Meeting.


                                         APPROVED                                      DISAPPROVED




AMENDMENT                  TO ZONING              BY-
                                                    LAW -SECTION                          4.
                                                                                           39 CORNER            LOTS
Article     35             To see if the         town will        vote to amend             the
                                                                                              zoning By-law, as most recently amended, by
inserting into Section               4.
                                      39 Corner                 Lots, after       Section     39. a new subsection 2,
                                                                                             1,
                                                                                             4.                     4. 39. in substantially
the following form


4.
239.
            With       respect to side            and     rear     yards       of a corner        lot, the   side   opposite the      Post
            Office         address       front    setback         shall    be considered            a "Rear    Yard" and the side

            opposite the             other       front    setback         shall    be considered        a "Side     Yard." All setback
            distances            shall   comply          with    the    required      distances       specified     for the     district   in
            which          the corner lot is located.


Or to take        any other         action       related        thereto.


Copies of the proposed change are available for review at the office of the Town Clerk, the Planning
Board, and the Board of Selectmen at Town Hall, and at the reference desk at the Canton Public
Library.
P/
 annin            B


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


                                                                            VOTE:            7-
                                                                                             00-


PLANNING              BOARD          MOTION:



MOVED:                      That     the Town             amend          the      Zoning By-law Section                39, Corner Lots, by
                                                                                                                      4.
inserting         after       subsection            39. a new subsection
                                                   4.
                                                   1                                                 39. to read
                                                                                                    4.
                                                                                                    2                    as     follows:




4.
239.


With      respect to side                and     rear     yards         of a corner         lot, the     side  opposite the Post Office address
front     setback           shall    be considered                 a "Rear         Yard" and         the     side
                                                                                                                opposite the other front
setback       shall        be considered                 a "Side        Yard". All setback               distances  shall comply with the

required          distances         specified            for the district            in which         the corner lot is located.




FINANCE           COMMITTEE                DISCUSSION:                              The     Finance        Committee      voted       unanimously      to     defer
this    article       to   the Planning            Board.          The     Planning         Board     will    present   their     recommendation        for    this
article   to Town           Meeting.




                                         APPROVED                                      DISAPPROVED




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ANNUAL            TOWN          MEETING          APRIL      30, 2007




INSURANCE             PROCEEDS
Article    36         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      proceeds paid to the Town in connection with
                                                                              insurance

any   losses    suffered       during       the    course of the year, FY 07, or to take any other action related thereto.
Board     of Selectmen




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


                                                                       VOTE:            9-
                                                                                        00-


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




VOTE      TO RESCIND            UNUSED             BORROWING                 AUTHORIZATIONS
Article    37           To     see   if the       town       will    vote    to    rescind     unused         borrowing    authorizations    previously
voted     by   the    town,    or   to take       any other         action    related   thereto.
Board     of Selectmen




MOVED:                  That     the       following         unused          borrowing         authorizations           previously   voted   by the
Town      be   hereby         rescinded:




AUTHORIZED                                                                                                AUTHORIZED        AMOUNT TO BE
      DATE           ARTICLE        MOTION                    PURPOSE                                         AMOUNT         RESCINDED



98
4/
 27/                    14           11             Replace     Water       Pipe                           430,000             100,000
5/
99
 3/                     50           22             Sewer Pumping Stations                                  289,000              75,000
5/
00
 1/                     15             3            Fire   Station                                         1,
                                                                                                           117470,               24,117
5/
00
 1/                     15             5            Recondition        Memorial Field                        71,000              71,000
5/
00
 1/                     15           10            Water  System Improvements                               700,000              18,000
5/
00
 1/                     15           12            Trayer Road Pumping Station                              576,000              12,000
4/
01
 30/                    22                         High School Renovations                                37,
                                                                                                          000 620,            17,
                                                                                                                              000 620,
4/
02
 29/                    16           11            School Building Improvements                             289,000               6, 000
4/
02
 29/                    16           13            Hansen  School Plumbing                                     150,000               9,
                                                                                                                                      000


                                                   TOTALS                                              41,
                                                                                                       117
                                                                                                         595,               17,
                                                                                                                            117
                                                                                                                              935,




                                                                        VOTE:           9-
                                                                                        00-


DISCUSSION:                          This     article      is a financial          housekeeping            in which Town Meeting votes to
                                                                                                        article
rescind      permission        to borrow          funds     that     are    not needed        when      the
                                                                                                      project(s)   for which that borrowing
was     authorized       are   completed.            It is    good      financial     practice to carry only the borrowing authorization



                                                                           g_

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ANNUAL         TOWN        MEETING      APRIL     30, 2007



that is actually needed.    Bond rating agencies scrutinize the amount of borrowing authorization      when

assessing the Town' s overall fiscal health citing lower borrowing authorization as more favorable      then

higher borrowing    authorization.  The  Finance  Committee   unanimously  recommends  the  rescission(s)
detailed       above.




                                     APPROVED                                 DISAPPROVED




TRANSFER             OF FUNDS          TO MEET FY 08 APPROPRIATIONS
Article       38      To see what           sum     the Town    will    vote to transfer    from    Free    Cash    in the   treasury to meet
the appropriations for the ensuing Fiscal Year and to authorize                               the   Assessors      to use in    fixing the rate,
pass any vote, or to take any other action related thereto.
Board        of Selectmen            for the Finance          Committee


MOVED:                   That    the       sum    of Five     Hundred         Twenty Five     Thousand          Dollars ($525,000) be
transferred          from     Free Cash           in the    treasury         of the Town    to the Stabilization         Fund.




                                                                VOTE:            10-0-
                                                                                 0


DISCUSSION:                           Town
                                Reserves, which are funds set aside for town-wide emergencies and to
cover        unforeseen        budget shortfalls, are composed of three elements: Monies contained in
                              one-time
Free Cash Reserves, Assessors Overlay, and the Stabilization         Fund. A simple majority vote is required
at Town Meeting to access funds held in Free Cash whereas            a two third' s majority is needed to move
funds out of the Stabilization  Fund. Town Meeting cannot access the Assessors Overlay fund. It is the
belief of the Finance Committee     that sound fiscal policy warrants that sufficient       funds be contained
within the Free Cash Reserves     and the Stabilization    Fund to deal with unforeseen      emergencies. The
transfer of $525,000 from Free Cash to the Stabilization       Fund would replace the $175,000 taken out in
2006 and add $ 350,000, which keeps the sum total of monies in these two accounts at approximating
seven percent (7%)      of budgeted   expenditures for Fiscal 08. The transfer would have the added
benefit of contributing to the continued  soundness     of the Town' s bond rating.




                                     APPROVED                                 DISAPPROVED




APPROPRIATE               FUNDS           TO MEET EXPENSES               FOR     NEXT FISCAL        YEAR
Article        39        To see what          sums      of money       the   town will   vote to raise
                                                                                    and appropriate, transfer from

any available         funds     or   borrow      from
                                                    applicable statute to meet the expenses of the next fiscal year
                                                        any
for    the    various     Town       Boards, Committees, Departments and Agencies, or to take any other action
related       thereto.
Board        of Selectmen




MOVED:                   That        the    various        sums    of        money   contained       in    the     printed     report   of   the
Finance         Committee            be    raised    and appropriated for the various                     purposes     as are   enumerated
in    the     said    report, provided                however, that for the purposes                       of   MGL   chapter     forty-four,




                                                                   80-