Canton, Massachusetts · Saved source text
Canton Town Meeting — 2007 ATM
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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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ANNUAL TOWN MEETING APRIL 30, 2007
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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ANNUAL TOWN MEETING APRIL 30, 2007
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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ANNUAL TOWN MEETING APRIL 30, 2007
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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ANNUAL TOWN MEETING APRIL 30, 2007
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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ANNUAL TOWN MEETING APRIL 30, 2007
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
47-Source page 48
ANNUAL TOWN MEETING APRIL 30, 2007
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
48-Source page 49
ANNUAL TOWN MEETING APRIL 30, 2007
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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ANNUAL TOWN MEETING APRIL 30, 2007
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
50-Source page 51
ANNUAL TOWN MEETING APRIL 30, 2007
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
51-Source page 52
ANNUAL TOWN MEETING APRIL 30, 2007
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
52-Source page 53
ANNUAL TOWN MEETING APRIL 30, 2007
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
53-Source page 54
ANNUAL TOWN MEETING APRIL 30, 2007
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
54-Source page 55
ANNUAL TOWN MEETING APRIL 30, 2007
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;
55-Source page 56
ANNUAL TOWN MEETING APRIL 30, 2007
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.
56-Source page 57
ANNUAL TOWN MEETING APRIL 30, 2007
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.
57-Source page 58
ANNUAL TOWN MEETING APRIL 30, 2007
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
58-Source page 59
ANNUAL TOWN MEETING APRIL 30, 2007
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
59-Source page 60
ANNUAL TOWN MEETING APRIL 30, 2007
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
60-Source page 61
ANNUAL TOWN MEETING APRIL 30, 2007
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
61-Source page 62
ANNUAL TOWN MEETING APRIL 30, 2007
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
62-Source page 63
ANNUAL TOWN MEETING APRIL 30, 2007
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
63-Source page 64
ANNUAL TOWN MEETING APRIL 30, 2007
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-
64-Source page 65
ANNUAL TOWN MEETING APRIL 30, 2007
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
65-Source page 66
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-
66-Source page 67
ANNUAL TOWN MEETING APRIL 30, 2007
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
67-Source page 68
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
68-Source page 69
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.
69-Source page 70
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.
70-Source page 71
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
71-Source page 72
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
72_Source page 73
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
73-Source page 74
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
74-Source page 75
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
75-Source page 76
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.
76-Source page 77
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 FinanceSource 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
g_Source page 79
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_Source page 80
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-