Canton, Massachusetts · Saved source text
Canton Town Meeting — 2009 ATM
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Source page 41
ANNUAL TOWN MEETING APRIL 27, 2009
5.11.5Objectives
In addition to the specific criteria contained within this section, the SPGA shall issue aSpecial
Permit for development within the Route 138 EOD only after consideration of the project's
compliance with the following additional criteria:
A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/ or
its association with adjacent or proximate open space areas;
C. Suitability of the site for the proposed use(s);
D. Impact on traffic and pedestrian flow and safety;
E. Impact on the visual character of the neighborhood;
F. Adequacy of utilities, including sewage disposal, water supply and storm water
drainage; and
G. Degree to which the proposed project complies with the goals and purposes of this
Section 5.11.
5.11.6Sub-Districts
The Sub-Districts of the Route 138 EOD shall be segmented along the length of Route 138
as follows:
A. Route 138 EOD Sub-District Area “A”: That area of the Route 138 EOD that runs
from the Milton town line to the Interstate 93/ 95 overpass ( Yankee Division
Highway).
B. Route 138 EOD Sub-District Area “B”: That area of the Route 138 EOD that runs
from the southern side of the Turnpike Street/ Randolph Street intersection to the
northern side of the Turnpike Street/ Tracywood Road intersection.
The Sub-District Areas are shown on amap entitled “Route 138 Economic Opportunity
District (Sub-Districts A-B)”, which map is hereby incorporated by reference in this Section
5.11.
5.11.7Uses Permitted
A. Within the Route 138 EOD Sub-District Area “A”, the Board of Appeals may issue a
special permit authorizing the following uses:
A1.Restaurants, and other on-premises eating and drinking establishments, including
related on and off site catering services and on site function facilities, as well as
related electronic/ digital and/ or live entertainment.
A2.Scientific or research laboratory.
A3.Pharmaceutical or other medical research or manufacturing facility.
A4.All uses allowed by right or by special permit in the underlying zoning district.
No building or structure shall be designed, arranged or constructed and no
building, structure or land shall be used, in whole or in part, for any purpose other
than for one or more of the uses herein set forth as permissible by special permit.
B. Within the Route 138 EOD Sub-District Area “B”, the Board of Appeals may issue a
special permit authorizing the following uses:
B1.Retail stores, shopping centers/ plazas, offices including salesrooms and showrooms,
consumer service establishments, business and professional offices, executive and
administrative offices, banks and other financial institutions.
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ANNUAL TOWN MEETING APRIL 27, 2009
B2.Restaurants, fast food establishments, and other on-premises eating and drinking
establishments, including drive-through and take-out facilities, including related on
and off site catering services and on site function facilities, as well as related
electronic/ digital and/ or live entertainment.
B3.Any of the uses permitted as of right in any Business District listed in Section 2.14.1E-
2.14.1P
B4.Health, health spa, exercise, or sporting event club or venue.
B5.Family oriented indoor entertainment/ amusement activities.
B6.Scientific or research laboratory.
B7.Pharmaceutical or other medical research or manufacturing facility.
B8.All uses allowed by right or by special permit in the underlying zoning district.
No building or structure shall be designed, arranged or constructed and no
building, structure or land shall be used, in whole or in part, for any purpose other
than for one or more of the uses herein set forth as permissible by special permit.
5.11.8Standards and Criteria
A. Minimum Lot Size and “Buildable Lot Area”
A1.The minimum lot size is 10,000 square feet of "buildable lot
area." The lot must contain the "buildable lot area" in a
single, contiguous site within the boundaries of the Route
138 EOD. The Board of Appeals by grant of aspecial permit
pursuant to this Section 5.11 may allow alot size of less
than 10,000 square feet of buildable lot area upon afinding
by the Board of Appeals that such reduced lot size shall
serve the purposes and objectives of the Route 138 EOD as
stated in Sections 5.11.1and 5.11.5herein.
A2.No portion of away or street, as defined by the by-law may
be included in computing the minimum required "buildable
lot area".
B. Lot Coverage.
No building shall be constructed so as to cover, together with any other building on
the lot, more than fifty (50) percent of the "buildable lot area".
C. Minimum Lot Frontage and Access
C1.Lots shall have aminimum frontage of one hundred twenty (120) feet and at
least one means of ingress/ egress. Each means of ingress/ egress shall have a
continuous frontage of not less than sixty feet.
C2.All parcels for which aSpecial Permit under the Route 138 EOD is sought must
have primary access via route 138 or via aroute that has primary access via
route 138 in order to be considered for aspecial permit.
5.11.9Density
No building or structure shall be designed, arranged or constructed and no building, structure
or land shall be used, in whole or in part, which exceeds the densities specified below for non-
residential uses.
A. Four thousand ( 4,000) gross square feet of non-residential floor area per 10,000 S.F.
of "buildable lot area" or portion thereof.
For the purpose of this section, "gross square feet of non-residential floor area" means the
total non-residential floor area contained within exterior walls but does not include basement
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ANNUAL TOWN MEETING APRIL 27, 2009
space used for heating and utilities, storage or for automobile parking.
5.11.10 Setbacks and Yard Regulations for Buildings
No building shall be constructed so as to be nearer to the line of any street than the “required
setback distance” or nearer to the sidelines 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:
A. Setback and Yard minimum requirements:
A1.Required Setback Distance - 45 feet
A2.Required Side Yard Width – 25 feet (45 feet ifside yard abuts abuilding used
primarily for single family residential purposes)
A3.Required Rear Yard Depth - 25 feet (45 feet ifrear yard abuts abuilding used
primarily for single family residential purposes)
B. The required setback distance shall be measured from the nearest exterior line of the
street in question.
C. No storage or display of goods, products, materials or equipment, vending machines or
similar commercial devices shall be located nearer to the line of any street than the
permitted setback distance for abuilding on the lot.
D. No lot on which abuilding islocated shall be reduced or changed in size or shape so
that the building or lot fails to comply with the "buildable lot area", frontage, building
coverage, yard setback, or other dimensional provisions of this Section.
5.11.11 Height Regulations
No building shall be constructed to exceed:
A. In Sub-District “A” sixty (60) feet in height or a total of five (5) stories (for
commercial use), whichever is lower.
B. In Sub-District “B” sixty (60) feet in height or a total of five (5) stories (for
commercial use), whichever islower, (48 feet or 4stories if abuts abuilding used
primarily for single family residential purposes)
5.11.12 Reduced Dimensional Requirements
The Board of Appeals by grant of aspecial permit pursuant to this Section 5.11 may allow lot
coverage, lot frontage and access, density, setback and yard regulations and height regulations
less than the minimums stated herein upon afinding by the Board of Appeals that such reduced
requirements shall serve the purposes and objectives of the Route 138 EOD as stated in
Sections 5.11.1and 5.11.5herein.
5.11.13 Common Open Land
Applicants are encouraged to include Common Open Land for use by the general public in each
development site. The Common Open Land shall have ashape, dimension, character and
location suitable to assure its use for park or open space purposes by the general public, and
seventy-five percent (75%) of the land to be considered as Common Open Land shall be
contiguous and no piece of land to be included as part of the calculation of Common Open Land
shall consist of apiece less than 200 square feet in size. The Common Open Land shall be
developed by the applicant so as to provide for desirable recreational use of that Common Open
Land by the general public, including but not limited to: walking trails, jogging paths, picnic
areas, open fields, recreational fields, etc. Common Open Land shall expressly be maintained
by the property owner or owners’ association.
5.11.14 Parking Requirements
In the Route 138 EOD there shall be provided and maintained improved off-street automobile
parking in connection with the erection, establishment or increase in units or dimensions of
buildings, structures and uses, in the following amounts:
A. For restaurants and other on premises eating and drinking establishments, not less
than one (1) parking space for each four (4) seats, subject to the discretion of the
Zoning Board of Appeals to require additional parking space where needed to serve
the purposes of the Route 138 EOD as stated in Section 5.11.1herein. Where benches
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ANNUAL TOWN MEETING APRIL 27, 2009
are used, not less than one (1) parking space for each six (6) feet of bench, subject
to the discretion of the Zoning Board of Appeals to require additional parking space
where needed to serve the purposes of the Route 138 EOD as stated in Section 5.11.1
herein.
B. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices,
executive and administrative offices, banks and other financial institutions one
parking space for each two hundred fifty (250) square feet of gross floor area. For
the purpose of this section, "gross floor area" means the total floor area contained
within exterior walls, but does not include basement space used for heating and
utilities, storage or for automobile parking
C. Uses not listed in Section 5.11.14 Parking Requirements, Subsections ( A) and (B)
shall comply with the parking space requirements of the Zoning By-Law Section 4.0
Off-Street Parking.
D. Below grade structured automobile parking shall be permitted and is encouraged
within the basements of buildings.
E. Parking Garages ( structured parking) shall be permitted and are encouraged within
the Route 138 EOD. Notwithstanding the provisions of Article IV, Section 4.07.5,
within the Route 138 EOD, above or below-grade structured parking shall be
permitted without regard to the height or depth limits set forth in Article IV, Section
4.07.5,if the applicant demonstrates as part of the Site Plan Approval process
Article III,Section 3.0) that:
F1.the applicant has available space on the Premises to comply with the
otherwise applicable parking requirements of the By-law, and
F2.that the use of above and/ or below-grade structured parking would:
i.allow applicant to preserve additional open space above that
otherwise required by this By-law;
ii. decrease runoff from impervious surfaces; and
iii. would be effectively screened by trees of aminimum height of seven
feet.
Tandem” parking shall not be permitted for non-residential uses.
The location( s) where conforming parking would otherwise be placed in the absence
of such structured parking shall be shown on the Site Plan submitted for approval to
the Zoning Board of Appeals. Such location( s) shall not be occupied by buildings in
the future until the owner has demonstrated compliance with this section’s
requirements with respect to the existing as well as any additional proposed
buildings. Such structured parking shall not in any event exceed aheight of thirty-
six (36) feet as measured from average finished grade to the top of the uppermost
deck (except for non-habitable structures, including walls and stairwells, as provided
in Article IV, Section 4.42.2 or extend more than twenty-eight (28) feet below
average finished grade level.
F. In the case of more than one use, the parking spaces required shall be the sum of the
requirement for the various individual uses, computed separately in accordance with
this section. Parking spaces for one use shall not be considered as providing the
required parking spaces for any other use unless it can be clearly demonstrated to
the Zoning Board that the need for parking occurs at different times.
G. Achange in the use of the premises or in the configuration of the building or lot
subject to aspecial permit and site development and use plan issued pursuant to this
Section 5.11 shall require the special permit holder to apply to the Board of Appeals
for amodification of the number of off street parking spaces required pursuant to
such special permit and plan if such change, alone or in combination with previous
changes, would require an increase or decrease of more than 10% in the number of
off street parking spaces required pursuant to this Section 5.11.
H. Off-street automobile parking spaces, to the extent required in this section, may be
provided either on the same lot or premises with the parking generator or on any lot
or premises associated therewith asubstantial portion of which at least is within
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ANNUAL TOWN MEETING APRIL 27, 2009
three hundred ( 300) feet of the generator.
I. Off-street parking facilities and connecting drives between such facilities and the
street shall be designed to insure the safety and convenience of persons traveling
within or through the parking area, and between the parking facility and the street.
The provisions of Section 4.06 Design Standards shall be considered the minimum
criteria for evaluating such design.
J. In addition to the requirement for automobile parking spaces there shall also be
provided for each building or group of buildings sufficient off-street loading space to
insure that all loading operations take place off the public way. Loading spaces and
access drives leading to loading spaces shall be so designed that vehicles to be
loaded or unloaded are not required to maneuver in the public way to enter or leave
the designed loading area. The provisions of Section 4.06.6Loading Areas shall be
considered the minimum criteria for evaluating such design.
5.11.15 Signs and Advertising Devices
The provisions of Section 4.1Signs and Advertising Devices are adopted for the regulation and
restriction of billboards, signs and other advertising devices within the Route 138 Economic
Opportunity District. However, within the Route 138 EOD, notwithstanding the provisions of
Section 4.12.2.A2, the SPGA may permit an increase in the maximum size of areal estate sign
advertising the premises for sale, rent, or lease, to 32 square feet in area (per side for double
sided signs). Additionally, the Board of Appeals is encouraged to consider providing relief to
applicants under this Section 5.11.15 where said applicant isable to establish to the Board of
Appeal’ssatisfaction that the granting of such relief shall serve and support the purposes and
objectives of the Route 138 EOD as stated in Sections 5.11.1and 5.11.5herein.
5.11.16 Certified Acoustical Barriers
No activity or use shall be allowed which causes exterior noise levels to exceed aday-night
average sound level of 65 decibels ( 65 Ldn) at the lot line; no unit shall be located where
exterior noise levels exceed aday-night average sound level of 65 decibels ( 65 Ldn); and no
unit shall be constructed which allows interior noise levels to exceed aday-night average
sound level of 45 decibels ( 45 Ldn). The day-night average sound level (Ldn) is the 24-hour
average sound level, in decibels; resulting from the accumulation of noise from all sources
contributing to the external noise environment of the site with 10 decibels added to sound
levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level (Ldn) shall be
determined in accordance with the Code of Federal Regulations Title 24-Housing and Urban
Development, Part 51 Environmental Criteria and Standards ( 24 CFR 51).
5.11.17 Site Landscaping and Streetscape Improvements
The purpose of this Section 5.11.17 is to ensure that projects comply with the conditions of
Section 3.08 of the By-Law as well as to encourage and ensure that projects provide
Streetscape enhancements of the subject properties so as to contribute to the overall aesthetic
objectives of asuccessful and vibrant Route 138 corridor as determined on aproject by project
basis by the SPGA. Such Streetscape enhancements may include but are not limited to:
sidewalks, granite curbing, street trees, plantings, lighting, etc.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: The Town and the Finance Committee recognize the need tomake
enhancements tothe Zoning By-Laws topromote economic development ofthe Route 138 corridor. This Article is
the result ofthe 138 EOD Committee efforts toput forth anArticle toamend the Zoning By-Laws toaddress the
Town'sconcerns. However, atthe time the Finance Committee voted on this Article there were anumber ofissues
and concerns that had not been adequately addressed inthe By-Law. Specifically, The Finance Committee was
concerned that the size and density ofthe mixed-use overlay would exacerbate the Town's problems with the
diminishing capacity ofour elementary schools. Finance Committee members were concerned with the impact that
proposed overlay district would have onthe fire and police department budgets. Members were also concerned
with the impact from increased traffic. Asaresult, the Finance Committee voted unanimously topostpone
indefinitely Article 14.
45 -Source page 46
ANNUAL TOWN MEETING APRIL 27, 2009
PLANNING BOARD DISCUSSION: The Planning Board voted 4-0tosend afavorable recommendation on
this article. This by-law change would establish aRoute 138 Economic Opportunity Overlay District (“Route 138
EOD”). The proposed Route 138 EOD isidentified inArticle 15, which proposes toamend the zoning map by
placing certain parcels ofland along Route 138 into the EOD, and the EOD isalso shown on amap contained in
Article 15.
The purpose ofthe 138 EOD istoencourage development and economic investment inthe Route 138 EOD that will
generate employment and tax revenue, while encouraging the development ofparks and opens spaces for use by
the general public.
The 138 EOD istobesegmented along Route 138 into two (2) Sub-Districts, which are shown asSub-District Area
A”and Sub-District “B” onthe map incorporated into Article 15.
The Route 138 EOD shall be an overlay district and shall not restrict anowner’sunderlying rights relative tothe
underlying zoning ofaparcel; however, ifanowner elects toapply touse the Route 138 EOD for development
purposes, itshall require the issuance ofaspecial permit from the Special Permit Granting Authority.
The Planning Board voted torecommend this article inlarge part because during the public hearings aproposed
residential use component tothe article was removed sothat the 138 EOD will not permit mixed–use development,
such asmulti-family residential units.
APPROVED__________ DISAPPROVED__________
ARTICLE 15
AMEND ZONING MAP BY PLACING CERTAIN PARCELS ALONG ROUTE 138 INTO THE ROUTE 138
ECONOMIC OPPORTUNITY OVERLAY DISTRICT ( EOD)
Article 15 Tosee ifthe Town will vote toamend the Town’s zoning map, asmost recently amended, byplacing
parcels ofland along Route 138 into the Route 138 Economic Opportunity Overlay District (Route 138 EOD)
established byvote under Article 14ofthis Town Meeting warrant ortake any other action inrelation thereto. Said
parcels ofland are described inthe Board ofAssessors Maps as
Subdistrict A:
MAP LOT MAP LOT
51 9 69 21
5114 6922
52 2 69 23
68 2 69 24
68 3 69 25
68 6 69 26
68 7 69 27
69 1 69 29
69 2 70 14
69 5 70 16
69 6 70 17
69 7 70 27
6918 7033
69 19 84 2
69 20 85 1
SubdistrictB:
MAP LOT MAP LOT
59133 79154
59 148 80 32
59 149 80 33
59 151 80 34
46 -Source page 47
ANNUAL TOWN MEETING APRIL 27, 2009
59 153 80 35
60 128 80 36
74 3 80 37
74 4 80 39
74 5 80 101
74 14 80102
74 16 80103
74 17 80104
75 2 80 105
75 3 80 106
75 4 80 107
75 6 80 108
75 7 80 109
75 8 80 173
75 9 88 6
75 11 88 7
75 12 88 8
76 1 88 9
76 2 88 10
76 3 88 11
76 4 88 26
76 5 88 27
76 6 88 28
76 7 88 29
76 8 88 37
76 9 89 1
76 10 89 2
76 11 89 3
76 12 89 5
76 13 89 6
76 14 89 7
76 15 89 8
76 16 89 9
77 2 89 10
77 3 89 11
77 4 89 12
77 5 89 13
77 7 89 14
77 8 89 15
77 9 89 16
77 12 89 17
77 13 89 18
77 14 89 19
77 16 89 20
78 1 89 21
78 2 89 22
78 3 89 23
78 4 89 24
78 5 89 25
78 6 89 26
47 -Source page 48
ANNUAL TOWN MEETING APRIL 27, 2009
78 7 89 27
78 8 89 28
78 9 89 29
78 10 89 30
78 11 90 1
78 12 90 2
78 13 90 3
78 14 90 4
78 15 90 5
78 17 90 6
78 18 90 7
78 19 90 8
79 1 90 9
79 80 90 10
79 81 90 11
79 82 90 12
79 91 90 13
79 92 90 15
79 93 90 16
79 101 90 17
79 102 91 1
79 129 91 2
79 130 91 3
79 131 91 16
79 132 91 17
79 133 91 18
79 134 91 19
79 136 91 23
79 137 92 1
79 138 92 4
79 140 92 5
79 141 92 33
79 142 100 8
79 143 100 9
79 146 100 153
79 147 101 5
79148 10180
Said parcels are shown onamap, copies ofwhich have been placed on file and are available for public review at
the office ofthe Planning Board; atthe office ofthe Town Clerk; atthe office ofthe Board ofSelectmen; atthe
research desk ofthe Canton Public Library; and onthe town website.
Board of Selectmen for the Route 138 Study Committee
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 15 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
48 -Source page 49
ANNUAL TOWN MEETING APRIL 27, 2009
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended by placing parcels of land along Route 138 into the
Route 138 Economic Opportunity Overlay District established by avote of this Town Meeting. Said
parcels of land are described in the map entitled “Route 138 Economic Opportunity District” as follows:
Sub-District Area A:
Map 51, Lots 10, 14; Map 52, Lot 2; Map 68, lots 2,3,6,7;Map 69,
Lots1,2,5,6,7,18,19,20,21,22,23,24,26,29; Map 70, lots 14,16,17,27,33; Map 84, lot 2;Map 85, lot 1.
Sub-District Area B:
Map 59, lot 148,149,151,153; Map 60, lot 128; Map 74, lots 3,4,5,14,16,,17; Map 75, lots
2,3,4,6,7,8,9,11,12; Map 76, lots 1-16; Map 77, lots 2,3,4,5,8,9,12,13,14,16; Map 78, lots 1-15,
17,18,19; Map 79, lots 1,80, 81,82, 91,92,93, l01,102,129, 130,131,132,133, 134, 136, 137, 138, 140,
141, 142, 143, 146, 147, 148, 154; Map 80, lots 32-37; 39, 101-109;173; Map 88, lots 6,8,9,10,11, 26-
29; 37; Map 89, lots 1,2,3,5-16;19-30; Map 90, lots 1-13; 15-17; Map 91, lots 1,2,3,16,17,18,19,23;
Map 92, lots 1,4,5,33; Map 100, lots 8,9,153; Map 101, lots 5,80.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: The purpose ofthis Article istoamend the Zoning Map toadd parcels
ofland tothe 138 Overlay District asproposed inArticle 14. Due tothe Finance Committee'sconcerns with the
proposed By-Law change discussed inArticle 14, the Finance Committee voted unanimously topostpone
indefinitely Article 15.
APPROVED__________ DISAPPROVED__________
ARTICLE 16
AMEND ZONING BY-LAW SECTION 5.10.3 –MIXED USE OVERLAY DISTRICT
Article 16 To see ifthe Town will amend the Town’s Zoning By-Laws by deleting Section 5.10.3 ofthe By-Laws
and inserting instead:
5.10.3Locations and Eligibility. Noparcel shall beplaced inthe
MOD unless itcontains two (2)contiguous upland acres and abuts aBusiness District other than the
Central Business District and/oriscontained within aLimited Industrial District.
Petition by for Suzanne Matthews and 12 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 16 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
PLANNING BOARD MOTION:
MOVED: That the Town amend the Zoning By-law, as most recently amended, by deleting
Section 5.10.3, Locations and Eligibility and inserting in its stead the following:
5.10.3 Locations and Eligibility: No parcel shall be placed in the MOD unless it contains two (2)
contiguous upland acres and abuts aBusiness District other than the Central Business District and/ or
is contained within aLimited Industrial District.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously voted topostpone indefinitely
Article 16. The Finance Committee did not have an opportunity toreview the Article with the sponsor and
therefore felt that any financial impact tothe Town could not be properly evaluated. However itshould benoted
that the Finance Committee was concerned with the density ofresidential housing allowed bythe overlay, the small
49 -Source page 50
ANNUAL TOWN MEETING APRIL 27, 2009
area ofland required for itsapplication, and the change that itcan becontained within aLimited Industrial District,
which would make itrelatively easy toapply inalarge number ofareas through the Town.
PLANNING BOARD DISCUSSION: This Article would amend the current Mix-Use Overlay District to
include Limited Industrial District parcels ofland along Arboretum Way and Turnpike Street. Parcels ofland would
be required tohave minimum two contiguous upland acres.
Article does encourage mix-use inareas ofthe Town other than the Central Business District, which isconsistent to
the Master Plan Study. Itallows combining small retail functions tosupport a55+ residential development thus
creating aself-contained community setting where residences could have direct access tosmall retail
establishments. Retail areas may include abarber shop, convenient store, physician office, eye care store, etc.
Direct access tothese retail functions would not create additional traffic and congestion along the Rt. 138 Corridor.
Access toand from the site would be limited via Arboretum Way and Rt. 138 causing no negative traffic impact to
Residential abutters. Density would beconsistent tothe current Mix-Use Overlay District: one dwelling per 5,000
sq. ft.ofbuildable lot area; 1,000 square feet ofnon-residential floor area per 10,000 square feet ofbuild able lot
area.
APPROVED__________ DISAPPROVED__________
ARTICLE 17
VOTE TO DESIGNATE PARCELS OF LAND ALONG ARBORETUM WAY/ TURNPIKE STREET AS MIXED USE
OVERLAY DISTRICT
Article 17 To see ifthe Town will vote todesignate parcels ofland located along Arboretum Way and Turnpike
Street described on the Board ofAssessors Map 91 asLot 16 and Map 77 asLot 8asshown onamap, copies of
which have been placed onfile and are available for public view atthe office ofthe Planning Board, atthe office of
the Town Clerk and atthe office ofthe Board ofSelectmen inMemorial Hall, atthe research desk atthe Canton
Public Library and on the town web site, tobe within the Mixed Use Overlay District (MOD) ascontained inSection
5.10ofthe Zoning By-Laws ofthe Town ofCanton.
Petition by for Suzanne Matthews and 12 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 17 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended by placing certain parcels of land located along
Arboretum Way and Turnpike Street described on Assessors Map 91 as Lot 16 and on Map 77 as Lot 8,
to be within the Mixed Use Overlay District as contained in Section 5.10 of the Town’sZoning By-laws.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously voted topostpone indefinitely
Article 17. Article 17 designates specific parcels ofland aseligible for the Mixed Use Overly District amendment
contained inArticle 16. Since the Finance Committee did not have the opportunity toreview the Article with the
sponsor, the members voted topostpone indefinitely.
APPROVED__________ DISAPPROVED__________
ARTICLE 18
AMEND ZONING BY-LAW BY ADDING AWIND ENERGY BY-LAW
Article18 Tosee ifthe Town will vote toamend the Town’s zoning by-law, asmost recently amended, byadding
the following:
50 -Source page 51
ANNUAL TOWN MEETING APRIL 27, 2009
5.11 Wind Energy By-law
5.11.1Purpose
The purpose ofthis by-law istoprovide byspecial permit for the construction and operation ofwind facilities and
toprovide standards for the placement, design, construction, monitoring, modification and removal ofwind
facilities that address public safety, minimize impacts on scenic, natural and historic resources ofthe city ortown
and provide adequate financial assurance for decommissioning.
5.11.2Applicability
This section applies toallutility-scale and on-site wind facilities proposed tobeconstructed after the effective date
ofthis section. Itdoes not apply tosingle stand-alone turbines under 60 kilowatts ofrated nameplate capacity.
Any physical modifications toexisting wind facilities that materially alters the type orincreases the size ofsuch
facilities orother equipment shall require aspecial permit.
5.11.3Definitions
Utility-Scale Wind Facility: Acommercial wind facility, where the primary use ofthe facility iselectrical
generation tobesold tothe wholesale electricity markets.
On-Site Wind Facility: Awind project, which islocated atacommercial, industrial, agricultural, institutional, or
public facility that will consume more than 50%ofthe electricity generated by the project on-site.
Height: The height ofawind turbine measured from natural grade tothe tipofthe rotor blade atitshighest point,
orblade-tipheight.
Rated Nameplate Capacity: The maximum rated output ofelectric power production equipment. This output is
typically specified bythe manufacturer with a “nameplate” onthe equipment.
Special Permit Granting Authority: The Special Permit Granting Authority shall bethe Zoning Board ofAppeals
Board ofAppeals).
Substantial Evidence: Such evidence asareasonable mind might accept asadequate tosupport aconclusion.
Wind Facility: All equipment, machinery and structures utilized inconnection with the conversion ofwind to
electricity. This includes, but isnot limited to, transmission, storage, collection and supply equipment, substations,
transformers, service and access roads, and one ormore wind turbines.
Wind Monitoring or Meteorological Tower: Atemporary tower equipped with devices tomeasure wind speeds
and direction, used todetermine how much wind power asite can beexpected togenerate.
Wind turbine: Adevice that converts kinetic wind energy into rotational energy that drives anelectrical
generator. Awind turbine typically consists ofatower, nacelle body, and arotor with two ormore blades.
5.11.4General Requirements
5.11.4.1Special Permit Granting Authority
No wind facility over 60kilowatts ofrated nameplate capacity shall beerected, constructed, installed ormodified as
provided inthis section without first obtaining apermit from the Board ofAppeals. The construction ofawind
facility shall be permitted inany zoning district subject tothe issuance ofaSpecial Permit and provided that the
use complies with allrequirements set forth insections hereunder. Allsuch wind energy facilities shall be
constructed and operated inamanner that minimizes any adverse safety and environmental impacts. Nospecial
permit shall begranted unless the Board ofAppeals finds inwriting that:
a) the specific site isanappropriate location forsuch use;
b) the use isnot expected toadversely affect the neighborhood;
c) there isnot expected tobeany serious hazard topedestrians orvehicles from the use;
d) no nuisance isexpected tobecreated by the use; and
e) adequate and appropriate facilities will be provided for the proper operation ofthe use.
Such permits may also impose reasonable conditions and safeguards and may require the applicant toimplement
allreasonable measures tomitigate unforeseen adverse impacts ofthe wind facility, should they occur.
Wind monitoring ormeteorological towers shall be permitted inallzoning districts subject toissuance ofabuilding
permit for atemporary structure and subject toreasonable regulations concerning the bulk and height ofstructures
51 -Source page 52
ANNUAL TOWN MEETING APRIL 27, 2009
and determining yard-size, lot area, setbacks, open space, parking, and building coverage requirements
5.11.4.2Compliance with Laws, Ordinances and Regulations
The construction and operation ofallsuch proposed wind facilities shall beconsistent with allapplicable local, state
and federal requirements, including but not limited toallapplicable safety, construction, environmental, electrical,
communications and aviation requirements.
5.11.5.3Proof of Liability Insurance
The applicant shall be required toprovide evidence ofliability insurance inan amount and foraduration sufficient
tocover loss ordamage topersons and structures occasioned bythe failure ofthe facility.
5.11.5.4Site Control
Atthe time ofitsapplication for aspecial permit, the applicant shall submit documentation ofactual orprospective
control ofthe project site sufficient toallow for installation and use ofthe proposed facility. Documentation shall
also include proof ofcontrol over setback areas and access roads, ifrequired. Control shall mean the legal authority
toprevent the use orconstruction ofany structure forhuman habitation within the setback areas.
5.11.6Standards
5.11.6.1Height
Wind facilities shall be no higher than 250 feet above the current grade ofthe land, provided that the Board of
Appeals may allow wind facilities toexceed 250 feet if:
a) the applicant demonstrates bysubstantial evidence that such height reflects industry
standards forasimilarly sited wind facility;
b) such excess height isnecessary toprevent financial hardship tothe applicant, and
c) the facility satisfies allother criteria forthe granting ofaspecial permit under the
provisions ofthis section.
5.11.6.2Setbacks
Wind turbines shall be set back adistance equal to1.0 times the overall blade tip height ofthe wind turbine from
the nearest existing residential orcommercial structure and 100 feet from the nearest property line and private or
public way.
5.11.6.3Setback Waiver
The Board ofAppeals may reduce the minimum setback distance asappropriate based on site-specific
considerations ifthe project satisfies allother criteria for the granting ofaspecial permit under the provisions of
this section.
5.11.7Design Standards
5.11.7.1Color and Finish
The Board ofAppeals shall have discretion over the turbine color, although aneutral, non-reflective exterior color
designed toblend with the surrounding environment isencouraged.
5.11.7.2Lighting
Wind turbines shall belighted only ifrequired bythe Federal Aviation Administration. Lighting ofother parts ofthe
wind facility, such asappurtenant structures, shall be limited tothat required forsafety and operational purposes,
and shall bereasonably shielded from abutting properties.
5.11.7.3Signage
Signs onthe wind facility shall comply with the requirements ofthe town’s sign regulations
5.11.7.4Advertising
Wind turbines shall not beused for displaying any advertising except for reasonable identification ofthe
manufacturer oroperator ofthe wind energy facility.
5.11.7.5Utility Connections
Reasonable efforts shall bemade tolocate utility connections from the wind facility underground, depending on
appropriate soil conditions, shape, and topography ofthe site and any requirements ofthe utility provider.
Electrical transformers forutility interconnections may beabove ground ifrequired by the utility provider.
5.11.7.6Appurtenant Structures
Allappurtenant structures tosuch wind facilities shall besubject toreasonable regulations concerning the bulk and
height ofstructures and determining yard sizes, lot area, setbacks, open space, parking and building coverage
requirements. All such appurtenant structures, including but not limited to,equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible with each other and shall be contained within the
turbine tower whenever technically and economically feasible. Structures shall only be used for housing of
52 -Source page 53
ANNUAL TOWN MEETING APRIL 27, 2009
equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation
and/orlocated inan underground vault and joined orclustered toavoid adverse visual impacts.
5.11.7.7Support Towers
Monopole towers are the preferred type ofsupport forthe Wind Facilities.
5.11.8Safety, Aesthetic and Environmental Standards
5.11.8.1Emergency Services
The applicant shall provide acopy ofthe project summary and site plan tothe local emergency services entity, as
designated bythe Board ofAppeals. Upon request the applicant shall cooperate with local emergency services in
developing anemergency response plan.
5.11.8.2Unauthorized Access
Wind turbines orother structures which are part ofawind facility shall be designed toprevent unauthorized
access.
5.11.8.3Noise
The wind facility and associated equipment shall conform with the provisions ofthe Department ofEnvironmental
Protection’sDivision ofAir Quality Noise Regulations ( 310 CMR 7.10), unless the Department and the Board of
Appeals agree that those provisions shall not beapplicable. Asource ofsound will beconsidered tobeviolating
these regulations ifthe source increases the broadband sound level by more than 10dB(A)above ambient.
These criteria are measured both atthe property line and atthe nearest inhabited residence. Ambient isdefined as
the background A-weighted sound level that isexceeded 90%ofthe time measured during equipment hours. The
ambient may also be established byother means with consent from the Department ofEnvironmental Protection
DEP). An analysis prepared by aqualified engineer shall be presented todemonstrate compliance with these noise
standards ifrequired bythe Board ofAppeals.
The Board ofAppeals, inconsultation with DEP, shall determine whether such violations shall be measured atthe
property line oratthe nearest inhabited residence.
5.11.8.4Land Clearing, Soil Erosion and Habitat Impacts
Clearing ofnatural vegetation shall belimited tothat which isnecessary for the construction, operation and
maintenance ofthe wind facility and isotherwise prescribed by applicable laws, regulations, and ordinances.
5.11.9Monitoring and Maintenance
5.11.9.1Facility Conditions
The applicant shall maintain the wind facility ingood condition. Maintenance shall include, but not belimited to,
painting, structural repairs, and integrity ofsecurity measures. Site access shall be maintained toalevel
acceptable tothe local Fire Chief and Emergency Medical Services. The project owner shall be responsible forthe
cost ofmaintaining the wind facility and any access road, unless accepted asapublic way, and the cost ofrepairing
any damage occurring asaresult ofoperation and construction.
5.11.9.2Modifications
Allmaterial modifications toawind facility made after issuance ofthe special permit shall require approval bythe
Board ofAppeals asprovided inthis section.
5.11.10 Abandonment or Decommissioning
5.11.10.1Removal Requirements
Any wind facility which has reached the end ofits useful life orhas been abandoned shall be removed. When the
wind facility isscheduled tobedecommissioned, the applicant shall notify the town by certified mail ofthe
proposed date ofdiscontinued operations and plans for removal. The owner/operator shall physically remove the
wind facility no more than 150 days after the date ofdiscontinued operations. Atthe time ofremoval, the wind
facility site shall berestored tothe state itwas inbefore the facility was constructed orany other legally authorized
use. More specifically, decommissioning shall consist of:
a) Physical removal ofallwind turbines, structures, equipment, security barriers and
transmission lines from the site.
b) Disposal ofallsolid and hazardous waste inaccordance with local and state waste
disposal regulations.
c) Stabilization orre-vegetation ofthe site asnecessary tominimize erosion. The special
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ANNUAL TOWN MEETING APRIL 27, 2009
permit granting authority may allow the owner toleave landscaping ordesignated
below-grade foundations inorder tominimize erosion and disruption tovegetation.
5.11.10.2Abandonment
Absent notice ofaproposed date ofdecommissioning, the facility shall beconsidered abandoned when the facility
fails tooperate formore than one year without the written consent ofthe Board ofAppeals. The Board ofAppeals
shall determine initsdecision what proportion ofthe facility isinoperable for the facility tobe considered
abandoned. Ifthe applicant fails toremove the wind facility inaccordance with the requirements ofthis section
within 150 days ofabandonment orthe proposed date ofdecommissioning, the town shall have the authority to
enter the property and physically remove the facility.
5.11.10.3Financial Surety
The Board ofAppeals may require the applicant forutility scale wind facilities toprovide aform ofsurety through a
bond orotherwise tocover the cost ofremoval inthe event the town must remove the facility. The amount ofsaid
surety shall bedetermined bythe Board ofAppeals, but innoevent shall the amount exceed more than 125
percent ofthe cost ofremoval and compliance with the additional requirements set forth herein, asdetermined by
the applicant. Such surety will not be required formunicipally orstate-owned facilities. The applicant shall submit a
fully inclusive estimate ofthe costs associated with removal, prepared by aqualified engineer. The amount shall
include amechanism for Cost ofLiving Adjustment.
5.11.11 Term of Special Permit
Aspecial permit issued for awind facility shall be valid for 25 years, unless extended orrenewed. The time period
may beextended orthe permit renewed bythe Board ofAppeals upon satisfactory operation ofthe facility.
Request for renewal must besubmitted atleast 60 days prior toexpiration ofthe special permit. Submitting a
renewal request shall allow for continued operation ofthe facility until the Board ofAppeals acts. Atthe end ofthat
period (including extensions and renewals), the wind facility shall beremoved asrequired bythis section.
The applicant orfacility owner shall maintain aphone number and identify aresponsible person forthe public to
contact with inquiries and complaints throughout the life ofthe project.
5.11.12 Application Process and Requirements
5.11.12.1
The application for awind facility shall befiled inaccordance with the rules and regulations ofthe Board of
Appeals. Each application for aspecial permit shall be filed by the applicant with the city ortown clerk pursuant to
section 9ofchapter 40A ofthe Massachusetts General Laws.
5.11.12. 2Required Documents
The applicant shall provide the Board ofAppeals with five (5)copies ofthe application. All plans and maps shall be
prepared, stamped and signed byaprofessional engineer licensed topractice inMassachusetts. Included inthe
application shall be:
a) Name, address, phone number and signature ofthe applicant orhisagent, aswell asallco-
applicants orproperty owners ortheir agents, ifany.
b) The name, contact information and signature ofany agents representing the applicant.
c) Documentation ofthe legal right touse the wind facility site.
5.11.12.3Site Plan Approval
The applicant shall fully comply with allthe requirements ofSec. 3.0 ofthe Zoning By-laws (“Site Plan Approval”).
5.11.3Compliance Documents
Ifrequired under previous sections ofthis by-law, the applicant will provide with the application:
a) adescription offinancial surety that satisfies 5.11.10.3ofthis section,
b) proof ofliability insurance that satisfies Section 5.11.5.3 ofthis section,
c) certification ofheight approval from the FAA
Petition by for Paul Schneiders and 14 others
FINANCE COMMITTEE MOTION:
MOVED: That the Zoning By-law be amended by adding anew Section 5.12, Wind Energy By-
law, established for the purposes of providing construction and operation of wind facilities and to
provide standards for placement, design, construction, monitoring, modification and removal of wind
facilities that address public safety, minimize impacts on scenic, natural and historic resources of the
Town and provide adequate financial assurance for decommissioning, as printed in the Town Meeting
Warrant.
FINANCE COMMITTEE VOTE: 5-1-0
54 -Source page 55
ANNUAL TOWN MEETING APRIL 27, 2009
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law be amended by adding anew Section 5.12, Wind Energy By-
law, established for the purposes of providing construction and operation of wind facilities and to
provide standards for placement, design, construction, monitoring, modification and removal of wind
facilities that address public safety, minimize impacts on scenic, natural and historic resources of the
Town and provide adequate financial assurance for decommissioning, as printed in the Town Meeting
Warrant.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE MAJORITY DISCUSSION: The Finance Committee supports adoption ofthis Article.
Alternative energy isbecoming increasingly popular. The Finance Committee felt that having aBy-Law inplace was
better than not having one, with the hope that refinement and improvements tothis by-law will be made over
time. The Finance Committee felt that the sponsors ofthis Article have not addressed some questions adequately.
Inparticular, there isasetback requirement inthe Article, but no separation requirements ifmore than one wind
turbine were placed onaparcel. Since this Article was authored for aspecific client, itisunclear whether all
aspects ofthe zoning laws were appropriately addressed forfuture applicants. Itwas also not clear ifthis By-Law
section 5.11.4.1)could beapplied towind measuring equipment not associated with awind turbine. Ifitdid
apply, wind measuring equipment, awind vane and anemometer, could only be erected temporary, and any
amateur weather enthusiast wishing toerect weather instruments would need toget apermit todoso. The
sponsor was receptive tothe changes recommended by the Finance Committee toaddress their concerns;
however, atthe time ofthe vote, the Finance Committee had not seen the proposed amendments the sponsor was
willing tomake.
FINANCE COMMITTEE MINORITY DISCUSSION: This Article was presented toassist The Bank ofCanton
further their plans toinstall awindmill inCanton forprivate use and was not completed atthe time ofour review.
Awindmill orwind farm isreally apower plant and may be substantial insize and require wires both above and
below ground torun properly. Inlight ofthese and other potential zoning complications related tothe by-laws
concerning alternative energy and power plants, the Town should determine amaster plan for alternative energy
and design zoning by-laws around that plan. One Finance Committee member could not support this Article.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously tosend afavorable recommendation
onthis article. This by-law change would establish aSpecial Permit for the construction and operation ofwind
facilities. This article would provide standards for the placement, design, construction, monitoring, modification and
removal ofwind facilities. Asitwould beaSpecial Permit, any petition for awind facility would need approval of
the ZBA and arecommendation from the Planning Board.
This by-law includes standards regarding height, setbacks, color, lighting, signage, utility connections, appurtenant
structures and noise, insurance, and demolition.
The Planning Board voted torecommend this article aswe would like toencourage alternative energy use byboth
private applicants aswell aspossible use bythe Town ofCanton as away toreduce the cost ofenergy inthe
municipal budget.
APPROVED__________ DISAPPROVED__________
ARTICLE 19
AMEND ZONING BY-LAW - VILLAGE HOUSING OVERLAY DISTRICT
SEC. 5.8)
Article 19 To see ifthe Town will vote toamend the Zoning By-Law ofthe Town, asmost recently amended, as
follows:
Amend Section 5.8 (“
Village Housing Overlay District”) as follows:
1.In Section 5.81B, insert the words “and Supportive Housing” after the words “including affordable
housing”.
2.In Section 5.84, insert the following after the “Development Schedule” definition:
55 -Source page 56
ANNUAL TOWN MEETING APRIL 27, 2009
Frontage: The number ofcontinuous linear feet ofthe property line ofalot which abuts astreet orother
point ofproperty access including aprivate way laid out fororused asapublic way forvehicular traffic. “
3.In Section 5.84, insert the following after the “Subdivision Regulations” definition:
Supportive Housing: Anindependent living environment that isresidential and non-institutional innature
and which provides persons fifty-five (55) years ofage and over with residential dwelling accommodations
and which may include hospitality, convenience, and non-medical supportive services, including but not
limited tomeals, housekeeping, and transportation, needed tomaintain such persons outside ofan
institutional setting, thereby allowing aging inplace.
4.In Section 5.85B, insert the words “indevelopments other than Supportive Housing developments” after
the words “Apartment Style Structures” inthe second sentence.
5.In Section 5.86G, insert the words “ortenant” after the words “Information pertaining toany
condominium”.
6.A.Revise Section 5.87A toread asfollows:
Qualifying Land Area. Qualifying Land Areas (i)may be inone ormore ownerships, with definitive
boundaries, but ifinmore than one ownership, the Applicant shall have access and passage rights over
the Qualifying Land Areas not owned by it i(i)shall be located entirely within aVHOD, and (iii)shall
contain atleast 8contiguous acres ofland, including wetland
6.B.Revise Section 5.87B asfollows: change “5,000” square feet toread “2,500” square feet.
7. Section 5.87E:
A.Delete the word “Lot” inthe section title.
B. Revise the first paragraph toread asfollows:
Except as herein specified, VHODD sites shall have aminimum frontage ofone hundred and
twenty (120) feet and atleast one means ofingress/egress provided byaprimary public roadway
oraprivate way laid out for orused asapublic way for vehicular traffic (provided that the
Applicant has orwill have rights ofaccess toand passage over said private way) and having, in
the opinion ofthe Planning Board, adequate width, grades and construction for the vehicular
traffic and the installation ofMunicipal services toserve the land abutting oneach such way and
the buildings erected ortobeerected thereon. The Planning Board has the discretion toreduce
the minimum lot frontage requirement by up to50%provided the Applicant has demonstrated
that there exists safe and convenient vehicular access from the VHODD site frontage tosuch
primary public roadway orprivate way. Each means ofingress/egress shall have acontinuous
frontage ofsixty feet on aprimary roadway oron aprivate way laid out for orused asapublic
way for vehicular traffic (provided that the Applicant has orwill have rights ofaccess toand
passage over said private way).”
C. Insert the following sentence atthe end ofthe second paragraph: “ The foregoing shall not apply
toSupportive Housing sites.”
D. In the third paragraph:
1.Delete the word “The” atthe beginning ofthe sentence.
2.Insert the words “Ifthe means ofingress/egress tothe site isprovided by a”before the
words “primary public roadway(s).
3.Delete the words “serving the site” after the words “primary public roadway(s)”.
4.Insert the words “such roadway” before the words “shall besubject tothe Rule and
Regulations”.
E. Revise the fourth paragraph toread as follows:
Secondary private roadway(s)which are newly created toserve the site, ifany, shall be sized to
adequately serve the intended vehicular and pedestrian traffic. Such secondary private
56 -Source page 57
ANNUAL TOWN MEETING APRIL 27, 2009
roadway(s)shall strive toconform tothe Rules and Regulations ofthe Canton Planning Board
governing the Subdivision ofLand, the Canton Department ofPublic Works regulations regarding
water, sewer and storm drainage systems, and any other applicable regulation and/orstandards
ofthe Town. Existing secondary private roadway(s)serving the site, ifany, shall have, inthe
opinion ofthe Planning Board, adequate width, grades and construction for the vehicular traffic
and the installation ofMunicipal services toserve the land abutting on each such way and the
buildings erected ortobeerected thereon.”
F. In the fifth paragraph:
1.Delete the word “The” at the beginning of the sentence.
2.Insert the words “which are newly created toserve the site, ifany,” after the words
Secondary private roadway(s)”atthe beginning ofthe sentence.
3.Insert the words “, ifany,” after the words “Paths” inthe second sentence.
8. Section 5.87F:
A. Revise the first sentence to read asfollows: “ There shall beaminimum oftwo (2)parking
spaces per dwelling unit for alldevelopments with the exception ofSupportive Housing
developments which shall provide aminimum ofone (1)parking space per dwelling unit.”
B.Insert the following after the last sentence ofthe surface parking paragraph: “ Notwithstanding
the foregoing, one hundred percent (100%) ofall Supportive Housing parking spaces may be
surface parking.”
C. Insert the words “guests, invitees,” after the words “motor vehicles ofresidents,” inthe last
sentence.
or totake any other action inrelation thereto.
Copies ofthese amendments have been placed on file and are available forpublic review atthe office of
the Planning Board; atthe office ofthe Town Clerk; atthe office ofthe Board ofSelectmen; atthe research desk of
the Canton Public Library; and onthe town website.
Petition by for Paul Schneiders and fourteen others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 19 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 19 be indefinitely postponed.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee was informed that this Article was being
withdrawn and voted unanimously topostpone indefinitely Article 19.
APPROVED__________ DISAPPROVED__________
ARTICLE 20
AMEND ZONING MAP ALONG REVERE STREET AND NEPONSET STREET
Article 20 To see ifthe Town will vote toamend the Town’s zoning map, asmost recently amended, by placing
parcels ofland located along Revere Street and Neponset Street within the Village Housing Overlay District (Sec.
5.8)amended byvote under Article 19 ofthis Town Meeting warrant ortake any other action inrelation thereto.
Said parcels ofland are described inthe Board ofAssessors’ Maps asMap 26, Lots 94, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 87, 88, 89, 90, 91, 92, 93, 222 and 111; and asmap 14, lots 120, 121, 122, 123, 124,
125, 126, 127, 128, 129, 130, 131, and 132; and asMap 15, Lots 80, 81, 82, 83, 84, 85, and 86.
Said parcels are shown on amap, copies ofwhich are attached hereto and have been placed on file and are
available forpublic review atthe office ofthe Planning Board, atthe office ofthe Town Clerk, and atthe office of
the Board ofSelectmen inmemorial Hall, atthe research desk atthe Canton Public Library and onthe town web
site.
57 -Source page 58
ANNUAL TOWN MEETING APRIL 27, 2009
Petition by for Paul Schneiders and thirteen others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 20 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 20 be indefinitely postponed.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMMITTEE DISCUSSION: The Finance Committee was informed that this Article was being
withdrawn and voted unanimously topostpone indefinitely Article 20.
APPROVED__________ DISAPPROVED__________
ARTICLE 21
ACCEPTANCE OF DEEDS IN LIEU OF FORECLOSURE
Article21 Tosee ifthe Town will vote toaccept from the owners ofthe parcels listed below, deeds for any orall
ofsuch parcels inlieu offoreclosure for failure topay tothe Town real estate taxes and other municipal charges
pursuant toG.L.c.60, §77C, ortotake any other action related thereto.
Canton Assessors Map#12, Parcel 31; Map #60, Parcel 127; Map #60,
Parcels 76 &77; Map #65, Parcels 85 &136; Map #80, Parcel 147 and Map #101, Parcel 22.
Board of Selectmen
MOVED: That the Town accept from the owners of the parcels listed below, deeds for any or all
of such parcels in lieu of foreclosure for failure to pay to the Town real estate taxes and other
municipal charges pursuant to G.L.c.60, §77C contingent upon the property owners providing to the
Board of Selectmen an evaluation of the land performed by aprofessional land surveyor/ civil engineer.
Canton Assessors Map#12, Parcel 31; Map #60, Parcel 127; Map #60,
Parcels 76 &77; Map #65, Parcels 85 &136; Map #80, Parcel 147 and Map #101, Parcel 22.
VOTE: 8-0-0
DISCUSSION: The Finance Committee voted unanimously tosupport Article 21. The owners ofthe properties
listed are indefault onobligations owed tothe Town. Byaccepting the deeds inlieu ofmonies owed, the Town may
beable todispose ofthe properties asthe Town sees fittoitsbenefit.
APPROVED__________ DISAPPROVED__________
ARTICLE 22
VOTE TO SELL TOWN PROPERTY
Article 22 To see ifthe Town will vote toauthorize the Board ofSelectmen tosell, convey, release orotherwise
dispose ofthe certain parcel ofland located off Massasoit Street, known asTown ofCanton Tax Assessor Map 100,
Parcel 148, and shown asLot 1362 onthat plan entitled “Manitou Park, Glen Echo Lake, Canton, Mass.,” dated
June 1906 and recorded atthe Norfolk County Registry ofDeeds inPlan Book 49 asPlan No. 2336, orlesser
interests therein, subject toMassachusetts G.L.c.30B, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen is authorized to sell, convey, release or otherwise dispose
of the certain parcel of land located off Massasoit Street, known as Town of Canton Tax Assessor Map
100, Parcel 148, and shown as Lot 1362 on that plan entitled “Manitou Park, Glen Echo Lake, Canton,
58 -Source page 59
ANNUAL TOWN MEETING APRIL 27, 2009
Mass.,” dated June 1906 and recorded at the Norfolk County Registry of Deeds in Plan Book 49 as Plan
No. 2336, or lesser interests therein, subject to Massachusetts G.L.c.30B.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports Article 22. This isasmall parcel ofland that is
less than 2,500 square feet that the Town owns through tax foreclosure. Said property will go out tobid and the
sales proceeds will go tothe general fund.
APPROVED__________ DISAPPROVED__________
ARTICLE 23
APPROVE HIGHER FEE RATE FOR DELINQUENCIES REQUIRING DEMAND NOTICES
Article 23 Tosee ifthe town will vote toinsert anew bylaw ofthe town asset forth below, ortotake any other
action related thereto:
Article VIII, Section 15 –For each written demand issued by the Collector and provided for bylaw, the Collector
shall charge afee often dollars ($10.00), which fee shall be added to, and collected aspart of, the amount ofthe
tax, asprovided by Chapter 60, Section 15, subsection ( 2)ofthe General Laws.
Board of Selectmen
MOVED: That the town vote to insert anew bylaw of the town as set forth below:
Article VIII, Section 15 –For each written demand issued by the Collector and provided for by law, the
Collector shall charge afee of ten dollars ($10.00), which fee shall be added to,and collected as part
of, the amount of the tax, as provided by Chapter 60, Section 15, subsection ( 2) of the General Laws.
VOTE: 5-2-0
MAJORITY DISCUSSION: The General Laws were recently changed toallow fees ofnomore than thirty
dollars ($30.00) tobe charged for each written demand for payment oftaxes by the Collector. This Article allows
Canton toraise the fee itcurrently charges for each written demand from five dollars ($5.00) toten dollars
10.00), which isused tomitigate the additional cost ofthe tax collection efforts. The Majority ofthe Finance
Committee supports Article 23.
MINORITY DISCUSSION: Citizens ofCanton will beadversely affected by the current economy and itis
projected that this will result inlate payment oftaxes. Some members ofthe Finance Committee felt itwas unfair
during these tough times tocharge more money infees tothose who are having trouble paying their taxes.
APPROVED__________ DISAPPROVED__________
ARTICLE 24
VOTE TO ACQUIRE RIGHTS FOR ELM STREET WATER MAIN
Article 24 Tosee ifthe Town will vote toauthorize the Board ofSelectmen, pursuant toG.L.c.40and 79, to
acquire bypurchase, gift oreminent domain the fee title, easements, orlesser title interests inallorany portions
ofthose certain parcels located off Elm Street and listed below and as shown onthat plan entitled “Route
Alternative 2”Standish Drive ” dated November 2008, and onfile with the office ofthe Planning Board; atthe
office ofthe Town Clerk; atthe office ofthe Board ofSelectmen; atthe research desk ofthe Canton Public Library;
and onthe town website, for the installation, maintenance and use ofawater supply and distribution system; to
see ifthe Town will vote toappropriate, borrow pursuant toany applicable statute ortransfer from available funds,
asum ofmoney forsuch purposes; ortotake any other action related thereto.
59 -Source page 60
ANNUAL TOWN MEETING APRIL 27, 2009
Property Address Assessor ID
777 Dedham Street Map 33, Lot 4
7Standish Way Map 33, Lot 15
Board of Selectmen
MOVED: That the Board of Selectmen is authorized, pursuant to G.L.c.40 and 79, to acquire by
purchase, gift or eminent domain the fee title, easements, or lesser title interests in all or portions of
those certain parcels located off Elm Street and listed below and as shown on that plan entitled “Route
Alternative 2,Standish Drive” and dated November 2008, for the installation, maintenance and use of a
water supply and distribution system.
Property Address Assessor ID
777 Dedham Street Map 33, Lot 4
7Standish Way Map 33, Lot 15
VOTE: 8-0-0
DISCUSSION: The Finance Committee voted unanimously tosupport Article 24. The Board ofSelectman has
deemed itdesirable and inthe best interest ofthe Town toconnect toan MWRA Water Main via Elm Street. This
connection will increase the Town's water pressure, create aback-up connection toMWRA, and provide water to
Canton residents who are currently being provided water byMilton. Inorder tofurther this goal, authorization
must be given tothe Board ofSelectman toacquire land necessary forthe project.
APPROVED__________ DISAPPROVED__________
ARTICLE 25
VOTE TO APPROVE ACQUISITION OF SEWER SYSTEM- Canton Technology Center.
Article 25 To see ifthe Town will vote toauthorize the Board ofSelectmen toacquire by purchase, gift or
eminent domain the title toand ownership ofallorany portion ofthe sewer system, including but not limited to
pipelines, pumps, pumping stations and related structures, fixtures, equipment, appurtenances, materials, property
and improvements, tothe extent such system islocated within and serving that property known asCanton
Technology Center and shown on that certain plan entitled “Canton Technology Park Sewer Plan and Profile”
prepared byGale Associates, dated June 13, 1989 and on file with the office ofthe Planning Board; atthe office of
the Town Clerk; atthe office ofthe Board ofSelectmen; atthe research desk ofthe Canton Public Library; and on
the town website,
for general municipal and sewer purposes, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen is authorized to acquire by purchase, gift or eminent
domain the title to and ownership of all or any portion of the sewer system, including but not limited to
pipelines, pumps, pumping stations and related structures, fixtures, equipment, appurtenances,
materials, property and improvements, to the extent such system is located within and serving that
property known as Canton Technology Center and shown on that certain plan entitled “Canton
Technology Park Sewer Plan and Profile” prepared by Gale Associates, dated June 13, 1989 for general
municipal and sewer purposes.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports Article 25. There iscurrently asewer line that
serves the Canton Technology Center that isowned by aprivate developer. This Article authorizes the Board of
Selectmen toacquire that sewer system, and bill Technology Center tenants for itsusage. Given itsexpected
nominal cost and because itwill berevenue neutral, the Finance Committee voted toapprove the Article as
presented.
APPROVED__________ DISAPPROVED__________
60 -Source page 61
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 26
VOTE TO APPROVE ACQUISITION OF PARCELS FOR THE PURPOSE OF WIDENING DEDHAM STREET
Article 26 Tosee ifthe Town will vote toauthorize the Board ofSelectmen toacquire by purchase, gift or
eminent domain the fee title orlesser title interests inallorany portion ofcertain parcels ofland forwidening of
Dedham Street, such parcels located along Dedham Street inCanton from the Norwood line toElm Street in
accordance with aplan entitled “Dedham Street Temporary 1-95 Bridge/4Lane Corridor/ new 2-Lane MBTA and
Neponset River Bridges” dated 1/19/09, and onfile with the office ofthe Planning Board; atthe office ofthe Town
Clerk; atthe office ofthe Board ofSelectmen; atthe research desk ofthe Canton Public Library; and onthe town
website, forgeneral municipal purposes, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 26 be indefinitely postponed.
VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously voted topostpone indefinitely Article 26. The Finance
Committee felt that there was insufficient information presented by the sponsors toadequately understand the
financial impact tothe Town. Amap showing the northbound slip ramp proposal for Dedham Street inthe area
from Shawmut Road tonear 777 Dedham Street was provided for review. Specific lots involved were not identified.
This Article approves the acquisition ofparcels ofproperty from Elm Street tothe Norwood town line, which
includes several homes and business properties, but itwas not clear whether the Town would have topurchase the
property orifcost-free easements could be negotiated with the property owners.
APPROVED__________ DISAPPROVED__________
ARTICLE 27
ESTABLISHMENT OF CANTON CENTER PARKING DISTRICT ENTERPRISE ACCOUNT
Article 27 Tosee ifthe Town will vote toestablish aCanton Center Parking District Enterprise Account,
pursuant toG.L.c.44, §53F½, forthe fiscal year beginning July 1,2009, into which Enterprise Account shall be
deposited allreceipts, revenues and funds received bythe Town aspayment foralltraffic violations and parking
fees, charges and violations within the Canton Center Parking District, and from which Enterprise Account all
expenditures shall be under the supervision ofthe Board ofSelectmen, inaccordance with such budgets asmay be
appropriated byTown Meeting, forthe enterprise ofproviding facilities and spaces for parking and transportation,
including but not limited tooperating, maintaining, improving, making ordinary and extraordinary repairs,
acquiring properties and structures ( orportions thereof orinterests therein), and conducting studies and
appraisals, and further tosee ifthe Town will vote toestablish and appropriate abudget forsuch Canton Center
Parking District Enterprise Account, ortotake any other action related thereto.
For the purposes ofthis Article, the Canton Center Parking District shall bethat area inCanton defined by Section
5.6 ofthe Town ofCanton Zoning Bylaw asthe Canton Center Economic Opportunity District (CCEOD), including all
sub-districts, and shown onthe map entitled Canton Center Economic Opportunity District, dated December 20,
2004 and onfile with the office ofthe Planning Board; atthe office ofthe Town Clerk; atthe office ofthe Board of
Selectmen; atthe research desk ofthe Canton Public Library; and onthe town website, asthe CCEOD may be
amended from time totime.
Board of Selectmen
MOVED: That the subject matter of Article 27 be indefinitely postponed.
VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously voted topostpone indefinitely Article 27. The Town
currently can collect fees and fines without an enterprise account and atthis time there isno definitive parking
district plan that includes the details ofrequired spending for the Canton Center District. The Finance Committee
felt itwas premature toopen aseparate account forparking fees and does not support this Article.
APPROVED__________ DISAPPROVED__________
61 -Source page 62
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 28
AMEND THE GENERAL BY-LAWS OF THE TOWN BY ADDING NEW RIGHT OF WAY BYLAW
TELECOMMUNICATIONS)
Article 28 Tosee ifthe Town will vote toamend the Town’s General By-Laws, asmost recently amended, by
adding anew Section 17 toArticle XVI toregulate the use ofthe Town’s public rights ofway asfollows, ortotake
any other action related thereto.
RIGHT-OF-WAY BY-LAW
I.PREAMBLE
Inpartial fulfillment ofthe obligation tosee tothe prudential management ofthe Town's affairs and assets and in
light ofthe continuing technological revolution intelecommunications, the recent passage ofthe
Telecommunications Act of1996 and the de-regulation ofthe electric and natural gas industries inthe
Commonwealth, the Town hereby establishes acomprehensive and fair system ofregulation for allentities which
desire touse the Town's Rights-of-Way.
II.INTRODUCTION
The purpose and intent ofthis By-Law isto:
Provide the Town with accurate and current information concerning allfacilities located inthe Town'sRights-of-Way
together with current information concerning entities owning orcontrolling the Facilities, and
a.Permit and manage reasonable access tothe public Rights-of-Way on acompetitively neutral basis, and
b.Manage Grants ofLocation inPublic Ways and approve locations toinsure that facilities inRights-ofWay do not
incommode the public use ofRights-of-Way orendanger orinterrupt navigation, and
c.Conserve the limited physical capacity ofthe Rights-of-Way held inpublic trust bythe Town, and
d.Assure that the Town isappropriately compensated when itsRights-of-Ways are utilized by non-governmental
entities, and
e.Assure that the Town's current and on-going costs ofgranting and regulating private access toand use ofthe
public Right-of- Way are fully paid bythe persons seeking such access and causing such costs, and
f.Assure that the Town can continue tofairly and responsibly protect the public health, safety and welfare.
This by-law isadopted inaccordance with the authority granted, inter alia, by Amendment Article 89 toArticle IIof
the Massachusetts Constitution, M.G.L.Chapter 43B section 13, M.G.L.Chapter 40sections 4,21and 22F, and
Chapter 85.
III.DEFINITIONS
Applicant: Any person orentity, including without limitation implied, Public Utility, Telecommunications Carrier,
Local Exchange Carrier ormunicipal department which owns orexercises general responsibility and control over
any Facility.
Application: The written application onaform prescribed bythe Awarding Authority executed bythe Applicant
together with aplan showing the location and details ofthe Facility inquestion and the Application Fee by which an
Applicant orCo-Locator requests aRight-of-Way Permit.
Application Fee: Afifty dollar ($50.00) non-refundable processing fee which shall accompany each application fora
Right-of-Way Permit.
Attachment: Any device, apparatus, appliance, equipment, wire orcable orother thing including any
Telecommunication Facility installed orproposed tobe installed onorinany Existing Facility whether by Applicant
orCo-Locator orproposed tobeinstalled onany New Facility by Applicant orCo-Locator.
Awarding Authority: The Board ofSelectmen ofthe Town ofCanton which has authority toexercise the powers
granted bythis By-Law.
Co-Locator: Any person orentity other than Applicant who desires touse anExisting orNew Facility.
Contractor: All officers oremployees ofApplicant orCo-Locator who perform orany person orentity engaged by
oron behalf ofApplicant orCo-Locator toperform construction, repair ormaintenance work on Overhead or
Underground Facilities owned byApplicant and permitted by the Awarding Authority which are located inthe Right-
of-Way. The Contractor for purposes ofthis By-Law and for all questions ofliability inconnection with any
construction, repair ormaintenance work on Overhead orUnderground Facilities owned by Applicant which are
62 -Source page 63
ANNUAL TOWN MEETING APRIL 27, 2009
located inthe Right-of-Way shall beconclusively deemed an agent ofApplicant orCo-Locator forwhom Applicant
orCo-Locator isfully responsible.
Default: The failure ofthe Permit Holder (including allContractors orother agents ofPermit Holder) (i)topay
when due any License Rental Payment, ifany, (ii)toperform fully any covenant ofthe License orotherwise fail to
comply with any provision ofthe License Agreement, the Right-of-Way Permit orthe By-Law following ten days
prior written notice toLicensee from Town (iii)tokeep itsCertificate ofInsurance infull force and effect, or (iv)to
provide the service that isoutlined initsApplication ( except for interruptions inservice due toEmergency Repair
Work) foraperiod ofsix consecutive months.
DTE: The Massachusetts Department ofTelecommunications and Energy created by Chapter 25M.G.L.Effective
Date: The date upon which this By-Law becomes effective.
Emergency Repair Work: Right-of-Way Work which must be commenced immediately tocorrect ahazardous
condition inwhich the safety ofthe public isinimminent danger, such asathreat tolife orhealth ofthe public or
where immediate correction isrequired tomaintain orrestore essential Public Utility service.
Excess Capacity: The volume orcapacity inany Existing Facility that isnot being used orisnot proposed tobe
used aspart ofaconcrete plan for the future atthe time that an Application ismade for aRight-of-Way Permit by
an Applicant orCo-Locator.
Existing Facility: AnOverhead orUnderground Facility which isinexistence onthe date ofthe Application for a
Right-of-Way Permit.
Facility: Any Overhead orUnderground Facility orAttachment thereto including without limitation any utility or
other pipe, duct, line, pole, wire, cable, transmission line, conduit, pedestal, wave guide, dish, antenna electronic
orother thing located orproposed tobelocated in,on, above, along, under oracross aRight-of-Way.
FCC: Federal Communications Commission.
Grandfathered Facility: AnOverhead orUnderground Facility inexistence onthe Effective Date.
Grant ofLocation: Permission granted by the Awarding Authority ofthe Town toaPublic Utility, inorder to
conduct itsRegulated Activities, tolocate poles, piers, abutments orconduits orattachments thereto orrailway
routes on, in,above, along, under oracross aPublic Way inaccordance with the procedures set out inM.G.L.
Chapter 166 section 22, Chapter 161 section 70, Chapter 162 section 8and with this By-Law.
Grant ofLocation Applicant: AnApplicant orCo-Locator which isaPublic Utility conducting abusiness described in
section 21ofChapter 166 ofthe Massachusetts General Laws.
Highway Superintendent: That individual, appointed orelected inaccordance with Chapter 41, sections 1,66or
69E ofthe M.G.L.
Inspector ofWires: That individual appointed bythe Town tofulfill the responsibilities set out inM.G.L.Chapter
166 section 32.
License Agreement: AnAgreement between the Town and an Applicant owner ofaFacility setting forth detailed
contractual terms and obligations ofthe owner ofaFacility and entered into incident tothe grant ofaRight-of-Way
Permit.
License Rental Payment: The one-time orannual dollar amount tobepaid byanApplicant tothe Town, asthe
Town and an Applicant and/orCo-Locator may agree upon, ifany, for the use ofthe Right-of-Way for anOverhead
Facility orUnderground Facility.
Licensed Contractor: AContractor who holds acurrent and valid Public Works Construction License issued bythe
Awarding Authority.
Local Exchange Carrier: Every person orentity that directly orindirectly owns, controls, operates and manages
plant, equipment orproperty within the Town used ortobe used forthe purpose ofoffering telephone service and
which islicensed bythe FCC and certified by the DTE under C. 159 M.G.L.asalocal exchange carrier.
Measurable Interference: Interference asdefined by FCC Regulations ( 47 C.FR) which affects the
Telecommunications Services provided byaPermit Holder.
Modification: Amaterial physical change toanExisting Facility such that itsuse orcapacity ismaterially altered.
63 -Source page 64
ANNUAL TOWN MEETING APRIL 27, 2009
New Facility: AnOverhead orUnderground Facility oranAttachment that has not yet been constructed but that is
proposed and described inanApplication foraRight-of-Way Permit.
Normal Working Hours: 8:00A.M. to3:30P.M., Monday through Friday, excluding holidays.
Overhead Facility: Any tower, Telecommunication Facility and Pole including Poles and Overhead Wires and
Associated Overhead Structures including Attachments located orproposed tobe located above the surface ofthe
Right-of- Way including the underground supports and foundations forsuch facilities.
Permit Holder: An Applicant orCo-Locator towhom aRight-of-Way Permit has been granted.
Permit Term: The period commencing on the date offiling ofan Application and ending upon the revocation ofa
Right-of-Way Permit.
Planning Board: The Planning Board ofthe Town ofCanton.
Pole orPoles and Overhead Wires and Associated Overhead Structures: poles, towers, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication
circuits, appliances attachments, and appurtenances located above ground, upon, along oracross any Public Way
orprivate ways ofthe Town and used oruseful inthe transmission ofintelligence by electricity orotherwise, orfor
the transmission oftelevision signals, whether by electricity orotherwise, orforthe transmission ofelectricity for
lighting, heating orpower, orfor the construction oroperation ofastreet railway oranelectric railroad; provided,
that said phrase shall not mean orinclude any ofthe following: poles, towers, overhead wires and associated
overhead structures used exclusively inthe transmission but not the distribution ofelectricity; poles used
exclusively forpolice and fire alarm boxes orany similar municipal equipment installed under the supervision and
tothe satisfaction ofthe engineer ofthe municipality; wires (exclusive ofsupporting structures) crossing any
portion ofany underground utility district from which overhead wires have been prohibited, orconnecting to
buildings onthe perimeter ofsuch portion, when such wires originate inanarea from which poles and overhead
wires and associated overhead structures are not prohibited; overhead. wires attached tothe exterior surface ofa
building by means ofabracket orother fixture and extending from one location on the same building ortoan
adjacent building without crossing any public Right-of-Way; radio antennas, their associate equipment and
supporting structures used by autility for furnishing communication services; and service terminals including
transformers inpedestals above ground used todistribute electric orcommunication service inunderground
systems.
Pole Attachment: AnAttachment which isawire orcable for transmission ofintelligence by telegraph, telephone
ortelevision, including cable television, orfor the transmission ofelectricity for light, heat, orpower orfor the
transmission ofTelecommunications Services and any related device, apparatus, appliance orequipment installed
upon any Pole orinany telegraph duct orconduit owned orcontrolled inwhole orinpart byone ormore Public
Utility.
Public Utility: Agas and electric company subject toM.G.L.Chapter 164, telephone and telegraph company
subject toM.G.L.Chapter 166, cable TV company subject toM.G.L.Chapter .166A, water and aqueduct company
subject toM.G.L.Chapter 165, orstreet railway subject toM.G.L.Chapter 161 orelectric railroad subject toM.G.L.
Chapter 162.
Public Utility Use: The use ofaFacility byaPublic Utility during the Permit Term inconducting its Regulated
Activities but not including any non-Public Utility use by such Public Utility orany use byanon-regulated affiliate of
aIPublic Utility orany other use byany other person orentity.
Public Way: Any road (including such appurtenances asberms, curbs, drains, sewers, water mains, sidewalks and
paved and unpaved shoulders within the paper layout) towhich the public has access and that the Town is
responsible for maintaining.
Public Works Construction License: Alicense required ofallContractors who are not officers oremployees ofa
Public Utility orofamunicipal department who wish toperform Street Opening Work inthe Public Ways ofthe
Town.
Regulated Activities (ofPublic Utilities): The transmission ofnatural gas and electricity byagas orelectric
Company subject toM.G.L.Chapter 164, the transmission ofvoice ortelegraph messages by atelephone and
telegraph company subject toM.G.L.Chapter 166, the transmission ofvideo broadcasts bytelevision orcable
television (including other, activities deemed incidental thereto by federal law) subject toM.G.L.Chapter 166A, the
provision ofstreet railway Iservices subject toM.G.L.Chapter 161 ortransportation byelectric railroad subject to
M.G.L.Chapter 162.
64 -Source page 65
ANNUAL TOWN MEETING APRIL 27, 2009
Right-of-Way: The surface and space on, along, above and below any real property which isaPublic Way orother
way inwhich the Town has aninterest inlaw orequity, whether held infee orother estate orinterest, oras
trustee forthe public, including, but not limited toany public street, boulevard, road, highway, freeway, lane, alley,
court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, skyway, orskyway bridge.
Right-of-Way Permit: Apermit granted by the Awarding Authority toan Applicant forpermission toconstruct, to
repair and maintain, and touse Overhead and Underground Facilities that itowns and which are located ortobe
located inthe Right-of-Way. Also aPermit granted by the Awarding Authority toaCo-Locator foranAttachment to
aNew orExisting Facility.
Right-of-Way Work: Any construction, repair ormaintenance ofutility orother pipes, ducts, lines, poles, wires,
cables, conduits, pedestals, antennas, dishes, electronics orother thing located in, on, above, under oracross a
Right-of-Way.
Street Opening Work: Any cutting, excavating, compacting, construction, repair orother disturbance inorunder a
Public Way together with restoration ofthe Public Way inaccordance with the Town's Street Opening By-Law
following such disturbance but excluding the location orrelocation ofutility poles for which aGrant ofLocation has
been obtained pursuant toM.G.L.Chapter 166 section 22.
Telecommunications: The transmission between oramong points specified by the user ofinformation ofthe user's
choosing without change inthe form orcontent ofthe information assent and received.
Telecommunications Carrier: Every person orentity that directly orindirectly owns, controls, operates ormanages
plant, equipment orproperty within the Town used ortobeused for the purpose ofoffering Telecommunications
Service and which islicensed by the FCC and certified by the DTE under C. 159 M.G.L.asaTelecommunications
common carrier.
Telecommunications Facility: AFacility other than customer premises equipment used byaTelecommunications
Carrier toprovide Telecommunications Service and includes software integral tosuch equipment ( including
upgrades), cables, wires, lines, wave guides, electronics, dishes and antennas.
Telecommunications Service: The offering ofTelecommunications forafee directly tothe public ortosuch classes
ofusers astobe effectively available directly tothe public regardless ofthe Telecommunications Facilities used.
The Telecommunications Act of1996: Public Law 104-104 - Feb. 8,1996. 110 Stat. 57.
Town: The Town ofCanton.
Transmission Line: Lines and associated structures used forthe transmission ofelectric energy sold, ortobesold,
atwholesale ininterstate commerce.
Underground Facility: Any pipe, duct, line and conduit and Telecommunications Facility orother thing including
Attachments located orproposed tobe located under the surface ofthe ground but excluding the underground
foundations orsupports forOverhead Facilities.
Usable Space: The total usable capacity ofany Overhead orUnderground Facility located inthe Right-of-Way as
reasonably determined by the Awarding Authority.
IV. NECESSITY OF APERMIT
No work in, on, under, along, above oracross aRight-of-Way oruse ofaRight-of-Way shall commence until the
Applicant and any Co-Locator each shall have submitted tothe Town an Application foraRight-of-Way Permit and
obtained from the Awarding Authority aRight-of-Way Permit. Applicants with Grandfathered Facilities and any Co-
Locator with Grandfathered Facilities located inthe Right-of-Way shall be deemed tohave applied for and been
granted avalid Right-of-Way Permit for the Permit Term for such Facilities and tobe subject toallofthe provisions
ofthe License Agreement substantially inthe form attached, hereto asExhibit A.
An Applicant orCo-Locator which wishes tocontinue touse aGrandfathered Facility after the expiration ofthe
Permit Term orsuch Grandfathered Facility’suseful life (asdetermined bythe Awarding Authority) each must file
an Application and treat such Facility asaNew Facility. From and after the Effective Date, Applicant orCo-Locator
must also obtain aRight-of-Way Permit for any modification ofornew Attachment toaGrandfathered Facility.
Any Applicant orCo-Locator who isusing aGrandfathered Facility for any purpose other than aPublic Utility User
must notify the Town ofsuch use ofeach such facility within 120 days after the Effective Date. Any Applicant or
Co-Locator which after the Effective Date wishes tomake ause ofitsGrandfathered Facility which isnot aPublic
65 -Source page 66
ANNUAL TOWN MEETING APRIL 27, 2009
Utility Use must, prior tocommencing such use, apply for and obtain aRight-of-Way Permit forsuch non-Public
Utility Use.
Traffic lights, fire hydrants, mail boxes and intrusions inthe Right-of-Way that are accessory uses tothe primary
use ofthe property such asawnings, balconies, over-hanging signs and sidewalk cafes are exempted from this By-
Law.
Prior tothe Town accepting aprivate way asaPublic Way, such Applicant with aFacility located in, on, under or
across the private way and each Co-Locator using such Facility including aCo-Locator Public Utility shall apply for
and obtain aRight-of-Way Permit from the Awarding Authority.
APublic Utility that ispetitioning foraGrant ofLocation inaccordance with Ch. 166 section 22, Ch. 161 section 70
orCh. 162 section 8ofthe M.G.L.aspart ofitsApplication for aRight-of-Way Permit shall soindicate onthe
Application. ARight-of-Way Permit granted toaPublic Utility for aFacility tothe extent ofPublic Utility Use shall
constitute aGrant ofLocation aswell.
Except for Transmission Lines, inthe event that allofthe Usable Space ofExisting Overhead Facilities has been
used up, the Town may initsreasonable discretion require that the Applicant construct New Underground Facilities.
Allconstruction work contemplated by this By-Law shall bedone inagood and workmanlike manner using best
engineering and construction practices and shall bedone inaccordance with (i)allapplicable laws and regulations,
ii)allofthe provisions ofthis By-Law, and (iii)any conditions contained inthe Right-of-Way Permit. Without
limiting this By-law inany manner, work that involves Street Opening Work must comply with the Town'sStreet
Opening By-Law.
No person orentity may perform any work inorunder aRight-of-Way unless itisaPermit Holder and (i)isa
municipal department, Public Utility, Telecommunications Carrier orLocal Exchange Carrier ortheir respective
officers oremployees or (ii)has engaged aLicensed Contractor and such holder performs allsuch Right-of-Way
Work asagent ofPermit-Holder.
V. REQUIREMENTS OF APPLICATION
A. Information Required of All Applicants and Co-Locators
Applicants orCo-Locators seeking aRight-of-Way Permit shall file onforms designated by the Awarding Authority a
completed and signed Application atthe office ofthe Awarding Authority which shall include the following
information:
1. The identity and legal status ofthe Applicant orCo-Locator including any parent oraffiliated corporation.
2.The address and telephone number ofthe corporation and the name ofthe officer, agent oremployee
responsible forthe accuracy ofthe Application.
3.IfaPublic Utility (ormunicipal department), the federal identification number ofthe entity. Allothers must in
addition specify their FCC license number and submit evidence ofcertification bythe DTE.
4.Ageneral description ofApplicant'sExisting Overhead orUnderground Facilities within the Town that itisusing
toprovide service and the service that itiscurrently providing.
5.Adetailed description ofthe service that Applicant orCo-Locator intends tooffer orprovide topersons, firms,
businesses orinstitutions within the Town and whether the use ofthe Facility toprovide the service will constitute
aPublic Utility Use.
6.Adetailed description ofthe Underground orOverhead Facilities Applicant orCo-Locator intends touse or
construct, their useful life and full dimensions ofthe proposed Facility including but not limited tothe following:
height ofPoles, number ofwires and their diameter, height ofwires above the Right-of-Way, voltage ofelectric
transmission lines, diameter ofmains and conduits.
7.Maps orplans showing the exact location ofthe Existing orproposed New Facility inthe Right-of-Way using
engineering metes and bounds, street names and intersecting street names. Show anorth arrow.
8.Astatement astowhether New Facilities will bebuilt orExisting Facilities will be used and who isthe Applicant
with respect tosuch Facility.
9.Inthe case ofaCo-Locator seeking aPermit foran Attachment toaFacility the Applicant ofwhich isexempt in
whole orpart from the obligation tomake aLicense Rental Payment for the Facility asprovided herein, ifany, such
application shall be made jointly byApplicant and Co-Locator. Each must sign the application and Applicant must
acknowledge inawriting inform and substance satisfactory tothe Town, itsobligation topay the amount, ifany,
asaLicense Rental Payment due the Town inrespect ofsuch Attachment.
10. The names ofCo-Locators who share orwill share the Facility. Applicants must provide evidence that Co-
Locators have received their own Right-of-Way Permit and identify allpending Co-Locator Applications.
11. Evidence that Applicant orCo-Locator has obtained allother governmental approvals and permits needed to
use Existing Facilities and tooffer orprovide services.
66 -Source page 67
ANNUAL TOWN MEETING APRIL 27, 2009
B. Petitions for Grants of Location
Applicants orCo-Locators that are Public Utilities and that are seeking aGrant ofLocation aspart ofthe Right-of-
Way Permit shall also provide the following information aspart ofthe application:
1.Astatement astothe purpose forconstructing the New Facility ormake anAttachment toanExisting Facility.
2.Alist ofabutters' names and addresses.
3.The kind, size and tested strength ofsupporting orservice wires for Poles.
4.The maximum voltage that will be transmitted over wires and the maximum cubic feet ofgas that will be
transported through mains.
5.The size and pressure ofgas mains and what the main ismade of.
6.Alistofallposts, Poles orother supports ofwires included inthe Grant ofLocation.
7.The number ofcross arms inuse with each Pole and the number ofwires that are already attached thereto and
the number ofwires that are proposed.
8.The location ofconduits and manholes inrelation tothe' Existing Underground Facilities and proposed New
Underground Facilities.
C. Applicants for New Facilities Must Submit Additional Information.
IfNew Facilities are tobeconstructed, Applicant must submit the following additional information aspart ofthe
Application:
1.Preliminary engineering plans, specifications and aSite Plan ofthe facilities tobe located within the Right-of-
Way atascale ofone inch equals forty (40) feet which shall show (i)allproperty lines, (ii)the exact location ofthe
proposed New Facilities, and (iii)Existing Facilities, streets, landscape features, residential dwellings, and all
buildings located within five hundred feet (500') ofthe New Facility prepared by aRegistered Professional Engineer
orother qualified professional.
2.Anetwork map showing the location and route ofthe New Facilities superimposed onthe Public Ways ofthe
Town onascale ofone inch equals one hundred feet (100') prepared byaRegistered Professional Engineer or
other qualified professional.
3.The location ofallExisting Facilities ofApplicant and any Co-Locator located along the proposed route.
4.The specific trees, structures, improvements, facilities and obstructions, ifany, that Applicant proposes to
temporarily orpermanently remove orrelocate.
5.Evidence astowhat, ifany, Excess Capacity isavailable for Attachments toExisting Facilities located along the
proposed route with aspecification ofhow much Excess Capacity will exist after the installation ofthe New Facility.
Ifco-location isnot proposed, anaffidavit attesting tothe fact that Applicant made diligent but unsuccessful efforts
toobtain permission toinstall orco-locate New Facilities on Existing Facilities, the reason for the denial ofco-
location' and whether anappeal tothe DTE has been adjudicated.
6.IfNew Facilities are tobe constructed, the Excess Capacity that will exist inoronthem after their installation
and use by the Applicant and any identified Co-Locator.
7.The useful life ofthe Proposed Facility orAttachment
8.Information astothe type and frequency ofany Telecommunications Equipment that will beinstalled.
9.Apreliminary construction schedule and completion date.
10. Financial statements prepared inaccordance with generally accepted accounting principles demonstrating
Applicant'sfinancial ability toconstruct, operate, maintain, relocate and remove the proposed Facilities.
11. Information insufficient detail toestablish Applicant'stechnical qualifications, experience and expertise
regarding the Facilities tobe constructed and operated.
12. Evidence that Applicant has obtained allother governmental approvals and Permits needed toconstruct the
New Facilities, including but not limited toany necessary Street Opening Permits.
13. The name ofthe Licensed Contractor who will perform the construction work oracopy ofthe Public Works
Construction License that Applicant has obtained from the Town.
14. AnApplication Fee.
I5.ACertificate ofInsurance incoverages asspecified inSection VI-Jofthis By-Law.
16. Such other and further information related tothe construction and use ofaFacility asmay be reasonably
required bythe Awarding Authority initsform Application.
VI. APPLICATION PROCEDURE
Upon receipt ofacompleted and signed Application, itwill beforwarded tothe Highway Superintendent, Planning
Board and the Inspector ofWires for review. The Highway Superintendent, Planning. Board and Inspector ofWires
shall promptly review the Application and make written recommendations concerning approval tothe Awarding
Authority and, ifappropriate, shall include recommendations concerning permit conditions and supplemental
instructions.
Ifthe Application involves the construction ofNew Facilities, the modification ofExisting Facilities oraprogram of
Attachments the total construction cost ofany ofthe foregoing isestimated toexceed one million dollars, the Town
67 -Source page 68
ANNUAL TOWN MEETING APRIL 27, 2009
and Applicant may enter into an agreement for the Applicant toreimburse the Town for the reasonable cost of
engineering review bythe Town's consultant ofthe plans submitted. Insuch acase, Applicants shall submit a
deposit tosecure the cost ofthis review which will be held inasegregated account inaccordance with C. 44
section 53G ofthe Mass. General Laws.
Ifthe Right-of-Way Application includes aPetition ofthe Applicant foraGrant ofLocation, the Awarding Authority
shall promptly schedule apublic hearing and, ifrequired by statute, publish apublic notice ofthe hearing. Owners
ofproperty abutting the property onwhich the New Facility isproposed will benotified bythe Town atleast
fourteen days prior tothe public hearing and given the opportunity tospeak atthe public hearing and present
evidence.
The Awarding Authority shall review the Application, any evidence presented ataGrant ofLocation public hearing
and the recommendations received from the Highway Superintendent, Planning Board and Inspector ofWires and
make aprompt determination onthe Application taking into account the recommendations received, testimony and
evidence presented ifany, and such other facts asitmay reasonably consider such as:
A.The likelihood that the New Facility will incommode the public use ofpublic ways orendanger orinterrupt
navigation.
B.The financial and technical ability ofthe Applicant orCo-Locator toconstruct New Facilities ortouse the Right-
of-Way.
C. The capacity ofthe Right-of-Way and the Existing Facilities thereat toaccommodate the proposed New
Facilities, modifications orAttachments.
D. The capacity ofthe Right-of-Way and the Existing Facilities thereat toaccommodate additional New
Facilities ifthe Permit isgranted.
E. Potential damage ordisruption (including Measurable Interference with Telecommunications Services) toExisting
Facilities, orpublic property ifthe Permit isgranted.
F.The effect, ifany, on public health, safety and welfare ifthe Permit isgranted.
G. The availability ofalternate routes and/orlocations forthe proposed New Facilities.
H.Applicable federal and state laws and Town by-laws which might prohibit oraffect the Permit ifgranted.
Ifthe Application isconsidered favorably, aRight-of-Way Permit containing such conditions and supplemental
instructions regarding the location and installation ofFacilities as the Awarding Authority reasonably deems
appropriate shall promptly be issued upon the satisfaction ofany conditions precedent, which the Awarding
Authority may establish. Ifthe Application isnot favorably considered, the Awarding Authority shall communicate
inwriting toApplicant ofCo-Locator the reasons itsApplication was not favorably considered.
IfaGrant ofLocation has been requested aspart ofthe Application foraRight-of-Way Permit and the Application
has been considered favorably, the Right-of-Way Permit shall also constitute an Order Granting the Location. The
Grant ofLocation will specify where the New Facility orAttachment may be placed, and (with the exception of
Grants ofLocation forTransmission Lines) the kind ofPoles, piers orabutments which may be used, the number of
wires orcables which may be attached thereto, the height towhich the wires orcables may run and the maximum
voltage between conductors tobecarried through same. Grants ofLocations for Poles are limited toone Pole per
Location. The Grant ofLocation may contain such other conditions and supplemental instructions asthe Awarding
Authority reasonably deems appropriate.
VII. TERMS OF THE RIGHT-OF-WAY PERMIT
A. Conditions of Permit.
AllRight-of-Way Permits granted are conditioned upon 1)the Applicant having obtained and submitted tothe
Awarding Authority, prior toconstruction and installation ofitsNew Facilities, aBond asrequired insub-section
K)(2)hereafter, and 2)the execution and delivery ofaTown ofCanton Right-of-Way License Agreement
substantially inthe form ofExhibit Aattached hereto and otherwise inform and substance satisfactory tothe
Awarding Authority.
B. Permit Term
Rights-of-Way Permits shall bevalid for the period commencing on the date offiling ofan Application and ending
upon the Revocation ofaRight-of-Way Permit. APermit Holder desiring tocontinue touse the Facility after the
expiration ofthe Permit Term shall not more than 180 days nor less than 90 days before expiration ofthe current
Permit file anApplication with the Town for aPermit asthough the Existing Facility were aproposed New Facility.
Each Co-Locator must also file foranew Permit.
C. Revocation of Permits.
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ANNUAL TOWN MEETING APRIL 27, 2009
Except tothe extent that aRight-of-Way Permit also constitutes astatutory Grant ofLocation and current law
limits the ability ofthe Awarding Authority torevoke aGrant ofLocation, the Awarding Authority during the Permit
Term may revoke aRight-of-Way Permit granted hereunder after notice and hearing ifitshall reasonably
determine that (i)Permit Holder isinDefault (ii)Permit Holder fails toconstruct the Facilities forwhich aPermit
was granted within six months ofthe granting ofthe Permit (iii)Permit Holder has failed torelocate itsFacility or
Attachment toanew location within the designated time following anorder from the Awarding Authority torelocate
such Facility orAttachment or (iv)ifthe Awarding Authority" determines that public necessity and convenience
requires the revocation ofaGrant ofLocation held by astreet railway. The Permit-Holder shall be given not less
than ten days prior written notice ofthe time and place ofthe hearing on revocation and shall have the opportunity
atthe public hearing topresent evidence.
D. Removal of Facilities.
Following revocation ofthe Permit orthe expiration ofthe Permit Term without an application tocontinue touse
the Facility unless then existing statutes shall require adifferent result and, ifordered by the Town, Permit Holder
shall cease using the Right-of-Way. Permit Holder shall remove allofitsOverhead and Underground Facilities from
the Right-of-Way and restore the area toitsoriginal condition within six months following expiration orrevocation
ofthe Permit. Inthe event that the Permit Holder fails toremove itsFacilities, the Awarding Authority may treat
such asabandoned property and, among other remedies, remove the Facilities and restore the area atthe owner's
sole cost and expense.
E. Removal of Unauthorized Facilities.
The location ofany Overhead orUnderground Facility covered byaRight-of-Way Permit may bechanged byorder
ofthe Awarding Authority ifitdetermines initsreasonable discretion that public necessity, the incommoding ofthe
public’suse ofthe public ways orpublic endangerment orinterruption ofnavigation requires relocation ofthe
Facility. Except forEmergency Repair Work, Applicant isrequired tonotify allCo-Locators upon receiving anorder
torelocate the Facility from the Awarding Authority. Applicant and allCo-Locators shall, attheir own expense,
relocate their Facilities tosuch location asshall have been approved bythe Awarding Authority within ninety days
ofthe receipt ofthe order ofthe Awarding Authority. Upon relocation Applicant shall promptly supply Awarding
Authority with "asbuilt" plans ofthe relocated Facility. Following the transfer ofthe Facility and any Attachments
from the Existing Facility tothe New Facility, the Existing Facility shall beremoved from the site within ninety days
from the date ofcompletion ofthe transfer.
Except tothe extent allowed bylaw and unless directly and proximately caused bythe willful, intentional or
malicious acts by the Town, the Town shall not beliable for any damage toorloss ofany Overhead orUnderground
Facility located inthe Right-of-Way asaresult oforinconnection with any public works, public improvements,
construction, excavation, grading, filling orwork ofany kind inthe Right-of-Way byoronbehalf ofthe Town.
Rights-of-Way Permits and Grants ofLocation forFacilities that have been ordered tobe relocated will be amended
toreflect the new location once the Facilities have been re-located.
F. Re-Location of Facilities due to Public Necessity
The location ofany Overhead orUnderground Facility covered by aRight-of-Way Permit may bechanged byorder
ofthe Awarding Authority ifitdetermines initsreasonable discretion that public necessity requires relocation ofthe
Facility. Except for Emergency Repair-Work, Applicant isrequired tonotify allCo-Locators upon receiving an order
torelocate the Facility from the Awarding Authority. Applicant and allCo-Locators shall, attheir own expense,
relocate their Facilities tosuch location asshall have been approved bythe Awarding Authority within ninety days
ofthe receipt ofthe order ofthe Awarding Authority. Upon relocation Applicant shall promptly supply Awarding
Authority with "asbuilt" plans ofthe relocated Facility. Following the transfer ofthe Facility and any Attachments
from the Existing Facility tothe New Facility, the Existing Facility shall beremoved from the site within ninety days
from the date ofcompletion ofthe transfer.
Unless directly and proximately caused bythe willful, intentional ormalicious acts bythe Town, the Town shall not
be liable for any damage toorloss ofany Overhead orUnderground Facility located inthe Right-of-Way asaresult
oforinconnection with any public works, public improvements, construction, excavation, grading, filling orwork of
any kind inthe Right-of-Way by oron behalf ofthe Town. Rights-of-Way Permits and Grants ofLocation for
Facilities that have been ordered toberelocated will beamended toreflect the new location once the Facilities
have been re-located.
G. Assignment of Facilities
Except tothe extent that Section 15B ofChapter 166 ofthe Massachusetts General Laws and other current law
limits the ability ofthe Town totransfer aRight-of-Way Permit, aRight-ofWay Permit isnot assignable. Ifa
Permit-Holders transfers ownership oruse ofitsFacilities toanother entity, such entity must apply forand receive
itsown Permit inaccordance with this By-Law.
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ANNUAL TOWN MEETING APRIL 27, 2009
H. Non-exclusive grant
No Permit granted under this By-Law shall confer an exclusive right, privilege, license orfranchise tooccupy oruse
the Right-of-Way ofthe Town fordelivery ofservices orany other purposes. NoPermit granted under this By-Law
shall convey any right, title orinterest inthe Right-of-Way but shall bedeemed alicense touse and occupy the
Right-of-Way inaccordance with the terms ofthis By-Law and the Town ofCanton Right-of-Way License
Agreement. Further, no Permit shall be construed asawarranty oftitle. APermit granted shall be limited toa
license touse only that specific portion ofaRight-of-Way asspecified inthe Plan that accompanies the Application
and inany Permit orLicense Agreement.
I.Co-Location of Facilities
Issuance ofaRight-of-Way Permit may be conditioned upon the agreement ofthe Applicant tomake Excess
Capacity available tothe Town. The Town reserves the right toplace, free ofcharge, signal circuits, signal supply
circuits and the equipment attached tothese circuits belonging tothe Town and used byitexclusively for municipal
purposes on orinallExisting Facilities with Excess Capacity and on orinNew Facilities then owned orcontrolled by
an Applicant which isaPublic Utility and shall be allowed access whenever necessary toplace, maintain orremove
itswires and cables.
J. Insurance
The Permit Holder shall acquire and continuously maintain while itpossesses aRight-of-Way Permit liability
insurance coverage onallpersonnel and equipment used toconstruct, operate, maintain and repair the Overhead
and Underground Facilities located within the Right-of-Way. This insurance must bewith insurance companies
licensed todo business inthe Commonwealth ofMassachusetts and shall contain the following coverages and be in
the following minimum amounts:
Commercial General Liability Insurance- including operation, independent contractors, complete operations fora
period ofone (1)year from completing the street opening work, XCU hazards, broad form property damage and
personal injury.
General Aggregate: $ 2, 000,000.00
Products and complete operations
Aggregate $ 2, 000,000.00
Each occurrence $ 1, 000,000.00
Combined single limit $ 1, 000,000.00
Automobile Liability Insurance (covers owned, non-owned and hired vehicles)
Bodily Injury Liability $ 500,000.00 each person
1, 000,000.00 each accident
Property Damage Liability $ 250,000.00 each accident
Combined Single Limit $ 1,000,000.00
Worker'sCompensation and Employer'sLiability
Each Accident $ 100,000.00
Disease- Policy Limit $ 500,000.00
Disease- each Employee $ 100,000.00
Certificates ofInsurance shall provide foratleast thirty (30) days notice tothe Awarding Authority ofcancellation
ormaterial change. The name ofthe municipality shall be listed as anadditional insured on the Certificate of
Insurance.
K. Construction Requirements
1. All Permit Holders are required toobtain aBuilding and Electrical Permit (ifapplicable), and (except for Poles
and Attachments thereto) aStreet Opening Permit from the Awarding Authority. Once commenced, construction
shall proceed atanuninterrupted and consistent pace sothat the Right-of-Way Work described inthe Permit will
becompleted within areasonable time.
2. Before commencing construction, Permit Holders shall submit tothe Awarding Authority aPerformance Bond,
with corporate surety satisfactory tothe Awarding Authority, inan amount equal tothe value ofthe construction
which shall, assure: the satisfactory completion ofinstallation and commencement ofoperation ofthe system in
accordance with the terms ofthe Permit, , and the satisfactory restoration ofadjoining property and public
property inaccordance with the provisions ofthis By-Law. This bond shall be maintained inforce until one year
after the completion ofthe construction work.
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ANNUAL TOWN MEETING APRIL 27, 2009
3. Construction ofNew Facilities must conform tothe plan accompanying the Application and tothe terms ofthe
Permit and License Agreement AllRight-of-Way Work must conform tothe Americans with Disabilities Act and the
Architectural Access Board Regulations ascurrently ineffect
4.Right-of-Way Work shall comply with the following:
a.Working Hours. Except for Emergency Repair Work, Right-of-Way Work shall occur during Normal Working
Hours. Permit Holder must give notice ofthe intended Right-of-Way Work seventy-two hours inadvance to
the Highway Superintendent and unless the requirement for apolice detail iswaived bythe Police Chief of
the Town, must mange forand pay for apolice detail tobe present throughout the period oftime that the
Right-of-Way Work isbeing conducted.
b.Obligation toLocate Existing Facilities. Permit Holder orContractor must inform itself astothe existence and
location ofallExisting Facilities located inthe same general area asthe New Facilities are tobe located and i
must confer with the owners thereof inorder toobtain information astothe vertical and horizontal locations
of' the Facilities and other conditions that might affect the Right-of-Way Work.
c.Non-Interference with Existing Facilities. Permit Holder orContractor shall not interfere with anExisting,
Facility without the written consent ofthe Awarding Authority and the owner ofthe Existing Facility. Ifit
becomes necessary torelocate anExisting Facility toaccommodate the New Facility, this shall be done by its
owner and the cost ofsuch work shall beborne bythe Permit Holder.
d.Dig Safe. Permit Holder shall, inaccordance with Chapter 164 section 76D ofthe M.G.L.,notify all Public
Utilities seventy-two hours inadvance ofmaking any excavation inaPublic Way. Such notification shall be
made bymeans ofobtaining aDIG-SAFE number. Said number shall beprovided on the Street Opening
Application.
e.Protection ofExisting Facilities. Permit Holder orContractor shall adequately support and protect by timbers,
sheeting etc. allExisting Overhead orUnderground Facilities which may beinany way affected by the Right-
of-Way Work and shall doeverything necessary tosupport, sustain and protect them under, over, along or
across such work area. Excavation work shall be performed and conducted insuch manner that itshall not
interfere with access tofire stations, fire hydrants, water gates, underground vaults, catch basins nor toany
other public structure, fixture orimprovement tothe extent access tosuch other public structure, fixture or
improvement isnecessary forthe protection ofthe safety, health orwelfare ofthe public.
f.Adjoining Property. Permit Holder orContractor shall, atall times atitsown expense, preserve and protect
from injury any adjoining property and shall take such precautions asmay be necessary forthis purpose.
Permit Holder shall be responsible foralldamages topublic orprivate property orstreets resulting from its
failure toproperly protect and carry out the Right-of-Way Work tothe extent allowed bylaw and shall
restore allsuch adjoining property tothe condition that existed immediately prior tothe performance ofany
Right-of-Way Work.
g.Trees. Permit Holder orContractor shall not remove, even temporarily, any trees orshrubs which exist in
the Right-of-Way Work area without first obtaining the consent ofthe Town. Inthe event atree iseither
accidentally destroyed bythe Permit Holder orContractor orisauthorized forremoval by the Town, Permit
Holder orContractor shall remove the tree, stump and debris from the work site and replace the tree with
an identical species with aminimum caliper oftwo inches inthe identical location.
h.Excavated Material. Permit Holder orContractor shall remove allexcess excavated materiel, surplus, water,
muck, silt, residue orother run-offpumped orremoved from excavations from the Right-of-Way Work site.
i.Temporary Repairs ofUnderground Facilities. Atthe end ofeach day, alltrenches must beplated ifrepair
work isnot completed. No un-plated trenches are permitted overnight and work inplated trenches must be
continually prosecuted tocompletion tominimize the time trenches are plated.
j.Noise. Permit Holder orContractor shall perform the Right-of-Way Work insuch amanner as toavoid
unnecessary inconvenience and annoyance tothe general public and occupants ofneighboring property.
During the hours from 10:00 P.M. to7:00 A.M. Permit Holder orContractor shall not use, unless otherwise
specifically permitted by the Awarding Authority any tool, appliance orequipment producing noise of
sufficient volume todisturb the sleep orrepose ofoccupants ofthe neighboring property.
k.Debris and Litter. Alldebris and litter remaining from the Right-of-Way Work site shall beremoved by the,
Permit Holder orContractor inatimely manner.
l. Lawn Surfaces and Plantings. All lawn surfaces which are disturbed during Right-of-Way Work shall be
replaced with sod orsix (6)inches ofscreened loam, lime, fertilized and re-seeded with good quality lawn
seed. Any areas containing plantings shall be restored totheir original condition with the same orsimilar
plantings.
m. Erosion Control. Permit Holder shall be responsible for allerosion control and for obtaining any necessary
permits from the Town. Permit Holder orContractor shall protect drainage structures from siltation by
whatever means required including but not limited tothe installation ofhay bales and/orfilter fabric. Inthe
event that adrainage structure becomes damaged from siltation asaresult ofthe Right-of-Way Work,
Permit Holder orContractor shall clean the structure before completing the Right-of-Way Work.
n.AsBuilt Plans. Within 30days following completion ofconstruction ofNew Facilities, Permit Holder shall file
with the Awarding Authority complete As-Built Plans ofthe New Facilities including anaccurate map
certifying the location ofallFacilities within the Right-of-Way prepared byaRegistered Professional Engineer
orother qualified professional.
71 -Source page 72
ANNUAL TOWN MEETING APRIL 27, 2009
o.Tree trimming. Permit Holders who own and maintain Overhead Facilities are responsible for trimming trees
orother vegetation growing inthe Right-of-Way toprevent their branches orleaves from touching or
otherwise interfering with the Overhead Facility. Alltrimming orpruning shall beatthe sole expense ofthe
Permit Holder and performed under the supervision ofthe Town.
L.Emergency Repair Work
When notified bythe Town, Permit Holder isrequired torespond tocalls for Emergency Repair Work within two
hours ofthe notice and tocommence repairs immediately upon arrival atthe site.
M. Maintenance.
Permit Holder shall atalltimes employ ordinary and reasonable care and shall install and maintain inuse nothing
less than commonly accepted methods and devices forpreventing failures ofOverhead orUnderground Facilities
and accidents which are likely tocause damage, injuries ornuisances tothe public. Owners ofPoles shall, upon the
receipt ofwritten notice served by the Inspector ofWires, promptly make such substitution orrepairs ofsuch
Poles, wires, posts, supports orattachments asmay berequired bythe Inspector ofWires.
VIII. Rental Payments
Tothe extent the Town and anApplicant holding aRight-of-Way Permit for aFacility may agree, an Applicant
holding aRight-of-Way Permit foraFacility shall make aLicense Rental Payment tothe Town for the non-exclusive
right touse certain Rights-of-Way inthe Town ofCanton.
IX. APPEALS
Aperson orentity aggrieved byadecision ofthe Awarding Authority under this By-Law may appeal such decision
tothe appropriate court ofcompetent jurisdiction or, tothe extent applicable law provides, tothe DTE orthe FCC.
X. SEVERABILITY
Ifany clause, section, orother part ofthis By-Law shall be held invalid orunconstitutional byany court of
competent jurisdiction, the remainder ofthis By-Law shall not beaffected thereby but shall remain infull force and
effect.
Board of Selectmen
MOVED: That the Town’sGeneral By-Laws, as most recently amended, ishereby amended, by
adding anew Section 17 to Article XVI to regulate the use of the Town’spublic rights of way as follows.
RIGHT-OF-WAY BY-LAW
I.PREAMBLE
In partial fulfillment of the obligation to see to the prudential management of the Town'saffairs and
assets and in light of the continuing technological revolution in telecommunications, the recent
passage of the Telecommunications Act of 1996 and the de-regulation of the electric and natural gas
industries in the Commonwealth, the Town hereby establishes acomprehensive and fair system of
regulation for all entities which desire to use the Town'sRights-of-Way.
II.INTRODUCTION
The purpose and intent of this By-Law is to:
Provide the Town with accurate and current information concerning all facilities located in the Town's
Rights-of-Way together with current information concerning entities owning or controlling the
Facilities, and
a.Permit and manage reasonable access to the public Rights-of-Way on acompetitively neutral basis,
and
b.Manage Grants of Location in Public Ways and approve locations to insure that facilities in Rights-of
Way do not incommode the public use of Rights-of-Way or endanger or interrupt navigation, and
c.Conserve the limited physical capacity of the Rights-of-Way held in public trust by the Town, and
d.Assure that the Town isappropriately compensated when its Rights-of-Ways are utilized by non-
governmental entities, and
e.Assure that the Town'scurrent and on-going costs of granting and regulating private access to and
use of the public Right-of- Way are fully paid by the persons seeking such access and causing such
costs, and
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ANNUAL TOWN MEETING APRIL 27, 2009
f.Assure that the Town can continue to fairly and responsibly protect the public health, safety and
welfare.
This by-law is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to
Article II of the Massachusetts Constitution, M.G.L.Chapter 43B section 13, M.G.L.Chapter 40 sections
4,21 and 22F, and Chapter 85.
III.DEFINITIONS
Applicant: Any person or entity, including without limitation implied, Public Utility,
Telecommunications Carrier, Local Exchange Carrier or municipal department which owns or exercises
general responsibility and control over any Facility.
Application: The written application on aform prescribed by the Awarding Authority executed by the
Applicant together with aplan showing the location and details of the Facility in question and the
Application Fee by which an Applicant or Co-Locator requests aRight-of-Way Permit.
Application Fee: A fifty dollar ($50.00) non-refundable processing fee which shall accompany each
application for aRight-of-Way Permit.
Attachment: Any device, apparatus, appliance, equipment, wire or cable or other thing including any
Telecommunication Facility installed or proposed to be installed on or in any Existing Facility whether
by Applicant or Co-Locator or proposed to be installed on any New Facility by Applicant or Co-Locator.
Awarding Authority: The Board of Selectmen of the Town of Canton which has authority to exercise the
powers granted by this By-Law.
Co-Locator: Any person or entity other than Applicant who desires to use an Existing or New Facility.
Contractor: All officers or employees of Applicant or Co-Locator who perform or any person or entity
engaged by or on behalf of Applicant or Co-Locator to perform construction, repair or maintenance
work on Overhead or Underground Facilities owned by Applicant and permitted by the Awarding
Authority which are located in the Right-of-Way. The Contractor for purposes of this By-Law and for all
questions of liability in connection with any construction, repair or maintenance work on Overhead or
Underground Facilities owned by Applicant which are located in the Right-of-Way shall be conclusively
deemed an agent of Applicant or Co-Locator for whom Applicant or Co-Locator isfully responsible.
Default: The failure of the Permit Holder (including all Contractors or other agents of Permit Holder)
i)to pay when due any License Rental Payment, if any, (ii)to perform fully any covenant of the
License or otherwise fail to comply with any provision of the License Agreement, the Right-of-Way
Permit or the By-Law following ten days prior written notice to Licensee from Town (iii) to keep its
Certificate of Insurance in full force and effect, or (iv) to provide the service that is outlined in its
Application ( except for interruptions in service due to Emergency Repair Work) for aperiod of six
consecutive months.
DTE: The Massachusetts Department of Telecommunications and Energy created by Chapter 25 M.G.L.
Effective Date: The date upon which this By-Law becomes effective.
Emergency Repair Work: Right-of-Way Work which must be commenced immediately to correct a
hazardous condition in which the safety of the public is in imminent danger, such as athreat to life or
health of the public or where immediate correction isrequired to maintain or restore essential Public
Utility service.
Excess Capacity: The volume or capacity in any Existing Facility that is not being used or is not
proposed to be used as part of aconcrete plan for the future at the time that an Application is made for
aRight-of-Way Permit by an Applicant or Co-Locator.
Existing Facility: An Overhead or Underground Facility which is in existence on the date of the
Application for aRight-of-Way Permit.
Facility: Any Overhead or Underground Facility or Attachment thereto including without limitation any
utility or other pipe, duct, line, pole, wire, cable, transmission line, conduit, pedestal, wave guide, dish,
antenna electronic or other thing located or proposed to be located in, on, above, along, under or
across aRight-of-Way.
FCC: Federal Communications Commission.
73 -Source page 74
ANNUAL TOWN MEETING APRIL 27, 2009
Grandfathered Facility: An Overhead or Underground Facility in existence on the Effective Date.
Grant of Location: Permission granted by the Awarding Authority of the Town to aPublic Utility, in
order to conduct its Regulated Activities, to locate poles, piers, abutments or conduits or attachments
thereto or railway routes on, in,above, along, under or across aPublic Way in accordance with the
procedures set out in M.G.L.Chapter 166 section 22, Chapter 161 section 70, Chapter 162 section 8and
with this By-Law.
Grant of Location Applicant: An Applicant or Co-Locator which isaPublic Utility conducting abusiness
described in section 21 of Chapter 166 of the Massachusetts General Laws.
Highway Superintendent: That individual, appointed or elected in accordance with Chapter 41, sections
1,66 or 69E of the M.G.L.
Inspector of Wires: That individual appointed by the Town to fulfill the responsibilities set out in M.G.L.
Chapter 166 section 32.
License Agreement: An Agreement between the Town and an Applicant owner of aFacility setting forth
detailed contractual terms and obligations of the owner of aFacility and entered into incident to the
grant of aRight-of-Way Permit.
License Rental Payment: The one-time or annual dollar amount to be paid by an Applicant to the Town,
as the Town and an Applicant and/ or Co-Locator may agree upon, ifany, for the use of the Right-of-
Way for an Overhead Facility or Underground Facility.
Licensed Contractor: A Contractor who holds acurrent and valid Public Works Construction License
issued by the Awarding Authority.
Local Exchange Carrier: Every person or entity that directly or indirectly owns, controls, operates and
manages plant, equipment or property within the Town used or to be used for the purpose of offering
telephone service and which is licensed by the FCC and certified by the DTE under C. 159 M.G.L.as a
local exchange carrier.
Measurable Interference: Interference as defined by FCC Regulations ( 47 C.FR) which affects the
Telecommunications Services provided by aPermit Holder.
Modification: A material physical change to an Existing Facility such that its use or capacity is
materially altered.
New Facility: An Overhead or Underground Facility or an Attachment that has not yet been constructed
but that isproposed and described in an Application for aRight-of-Way Permit.
Normal Working Hours: 8:00 A.M. to 3:30 P.M., Monday through Friday, excluding holidays.
Overhead Facility: Any tower, Telecommunication Facility and Pole including Poles and Overhead Wires
and Associated Overhead Structures including Attachments located or proposed to be located above the
surface of the Right-of- Way including the underground supports and foundations for such facilities.
Permit Holder: An Applicant or Co-Locator to whom aRight-of-Way Permit has been granted.
Permit Term: The period commencing on the date of filing of an Application and ending upon the
revocation of aRight-of-Way Permit.
Planning Board: The Planning Board of the Town of Canton.
Pole or Poles and Overhead Wires and Associated Overhead Structures: poles, towers, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches,
communication ' circuits, appliances attachments, and appurtenances located above ground, upon,
along or across any Public Way or private ways of the Town and used or useful in the transmission of
intelligence by electricity or otherwise, or for the transmission of television signals, whether by
electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the
construction or operation of astreet railway or an electric railroad; provided, that said phrase shall not
mean or include any of the following: poles, towers, overhead wires and associated overhead
structures used exclusively in the transmission but not the distribution of electricity; poles used
exclusively for police and fire alarm boxes or any similar municipal equipment installed under the
supervision and to the satisfaction of the engineer of the municipality; wires (exclusive of supporting
74 -Source page 75
ANNUAL TOWN MEETING APRIL 27, 2009
structures) crossing any portion of any underground utility district from which overhead wires have
been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate
in an area from which poles and overhead wires and associated overhead structures are not prohibited;
overhead. wires attached to the exterior surface of abuilding by means of abracket or other fixture
and extending from one location on the same building or to an adjacent building without crossing any
public Right-of-Way; radio antennas, their associate equipment and supporting structures used by a
utility for furnishing communication services; and service terminals including transformers in pedestals
above ground used to distribute electric or communication service in underground systems.
Pole Attachment: An Attachment which is awire or cable for transmission of intelligence by telegraph,
telephone or television, including cable television, or for the transmission of electricity for light, heat,
or power or for the transmission of Telecommunications Services and any related device, apparatus,
appliance or equipment installed upon any Pole or in any telegraph duct or conduit owned or controlled
in whole or in part by one or more Public Utility.
Public Utility: A gas and electric company subject to M.G.L.Chapter 164, telephone and telegraph
company subject to M.G.L.Chapter 166, cable TV company subject to M.G.L.Chapter .166A, water and
aqueduct company subject to M.G.L.Chapter 165, or street railway subject to M.G.L.Chapter 161 or
electric railroad subject to M.G.L.Chapter 162.
Public Utility Use: The use of aFacility by aPublic Utility during the Permit Term in conducting its
Regulated Activities but not including any non-Public Utility use by such Public Utility or any use by a
non-regulated affiliate of aIPublic Utility or any other use by any other person or entity.
Public Way: Any road (including such appurtenances as berms, curbs, drains, sewers, water mains,
sidewalks and paved and unpaved shoulders within the paper layout) to which the public has access
and that the Town is responsible for maintaining.
Public Works Construction License: A license required of all Contractors who are not officers or
employees of aPublic Utility or of amunicipal department who wish to perform Street Opening Work in
the Public Ways of the Town.
Regulated Activities ( of Public Utilities): The transmission of natural gas and electricity by agas or
electric Company subject to M.G.L.Chapter 164, the transmission of voice or telegraph messages by a
telephone and telegraph company subject to M.G.L.Chapter 166, the transmission of video broadcasts
by television or cable television ( including other, activities deemed incidental thereto by federal law)
subject to M.G.L.Chapter 166A, the provision of street railway Iservices subject to M.G.L.Chapter 161
or transportation by electric railroad subject to M.G.L.Chapter 162.
Right-of-Way: The surface and space on, along, above and below any real property which is aPublic
Way or other way in which the Town has an interest in law or equity, whether held in fee or other
estate or interest, or as trustee for the public, including, but not limited to any public street, boulevard,
road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park,
skyway, or skyway bridge.
Right-of-Way Permit: A permit granted by the Awarding Authority to an Applicant for permission to
construct, to repair and maintain, and to use Overhead and Underground Facilities that itowns and
which are located or to be located in the Right-of-Way. Also aPermit granted by the Awarding
Authority to aCo-Locator for an Attachment to aNew or Existing Facility.
Right-of-Way Work: Any construction, repair or maintenance of utility or other pipes, ducts, lines,
poles, wires, cables, conduits, pedestals, antennas, dishes, electronics or other thing located in, on,
above, under or across aRight-of-Way.
Street Opening Work: Any cutting, excavating, compacting, construction, repair or other disturbance in
or under aPublic Way together with restoration of the Public Way in accordance with the Town'sStreet
Opening By-Law following such disturbance but excluding the location or relocation of utility poles for
which aGrant of Location has been obtained pursuant to M.G.L.Chapter 166 section 22.
Telecommunications: The transmission between or among points specified by the user of information
of the user'schoosing without change in the form or content of the information as sent and received.
Telecommunications Carrier: Every person or entity that directly or indirectly owns, controls, operates
or manages plant, equipment or property within the Town used or to be used for the purpose of
offering Telecommunications Service and which is licensed by the FCC and certified by the DTE under C.
159 M.G.L.as aTelecommunications common carrier.
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ANNUAL TOWN MEETING APRIL 27, 2009
Telecommunications Facility: A Facility other than customer premises equipment used by a
Telecommunications Carrier to provide Telecommunications Service and includes software integral to
such equipment ( including upgrades), cables, wires, lines, wave guides, electronics, dishes and
antennas.
Telecommunications Service: The offering of Telecommunications for afee directly to the public or to
such classes of users as to be effectively available directly to the public regardless of the
Telecommunications Facilities used.
The Telecommunications Act of 1996: Public Law 104-104 - Feb. 8,1996. 110 Stat. 57.
Town: The Town of Canton.
Transmission Line: Lines and associated structures used for the transmission of electric energy sold, or
to be sold, at wholesale in interstate commerce.
Underground Facility: Any pipe, duct, line and conduit and Telecommunications Facility or other thing
including Attachments located or proposed to be located under the surface of the ground but excluding
the underground foundations or supports for Overhead Facilities.
Usable Space: The total usable capacity of any Overhead or Underground Facility located in the Right-
of-Way as reasonably determined by the Awarding Authority.
IV. NECESSITY OF APERMIT
No work in, on, under, along, above or across aRight-of-Way or use of aRight-of-Way shall commence
until the Applicant and any Co-Locator each shall have submitted to the Town an Application for a
Right-of-Way Permit and obtained from the Awarding Authority aRight-of-Way Permit. Applicants with
Grandfathered Facilities and any Co-Locator with Grandfathered Facilities located in the Right-of-Way
shall be deemed to have applied for and been granted avalid Right-of-Way Permit for the Permit Term
for such Facilities and to be subject to all of the provisions of the License Agreement substantially in
the formset forth below.
An Applicant or Co-Locator which wishes to continue to use aGrandfathered Facility after the
expiration of the Permit Term or such Grandfathered Facility’suseful life (as determined by the
Awarding Authority) each must file an Application and treat such Facility as aNew Facility. From and
after the Effective Date, Applicant or Co-Locator must also obtain aRight-of-Way Permit for any
modification of or new Attachment to aGrandfathered Facility.
Any Applicant or Co-Locator who is using aGrandfathered Facility for any purpose other than aPublic
Utility User must notify the Town of such use of each such facility within 120 days after the Effective
Date. Any Applicant or Co-Locator which after the Effective Date wishes to make a use of its
Grandfathered Facility which isnot aPublic Utility Use must, prior to commencing such use, apply for
and obtain aRight-of-Way Permit for such non-Public Utility Use.
Traffic lights, fire hydrants, mail boxes and intrusions in the Right-of-Way that are accessory uses to
the primary use of the property such as awnings, balconies, over-hanging signs and sidewalk cafes are
exempted from this By-Law.
Prior to the Town accepting aprivate way as aPublic Way, such Applicant with aFacility located in,on,
under or across the private way and each Co-Locator using such Facility including aCo-Locator Public
Utility shall apply for and obtain aRight-of-Way Permit from the Awarding Authority.
A Public Utility that is petitioning for aGrant of Location in accordance with Ch. 166 section 22, Ch. 161
section 70 or Ch. 162 section 8of the M.G.L.as part of its Application for aRight-of-Way Permit shall so
indicate on the Application. A Right-of-Way Permit granted to aPublic Utility for aFacility to the extent
of Public Utility Use shall constitute aGrant of Location as well.
Except for Transmission Lines, in the event that all of the Usable Space of Existing Overhead Facilities
has been used up, the Town may in its reasonable discretion require that the Applicant construct New
Underground Facilities.
All construction work contemplated by this By-Law shall be done in agood and workmanlike manner
using best engineering and construction practices and shall be done in accordance with (i)all
applicable laws and regulations, ( ii)all of the provisions of this By-Law, and (iii) any conditions
76 -Source page 77
ANNUAL TOWN MEETING APRIL 27, 2009
contained in the Right-of-Way Permit. Without limiting this By-law in any manner, work that involves
Street Opening Work must comply with the Town'sStreet Opening By-Law.
No person or entity may perform any work in or under aRight-of-Way unless it is aPermit Holder and
i)isamunicipal department, Public Utility, Telecommunications Carrier or Local Exchange Carrier or
their respective officers or employees or (ii)has engaged aLicensed Contractor and such holder
performs all such Right-of-Way Work as agent of Permit-Holder.
V. REQUIREMENTS OF APPLICATION
A. Information Required of All Applicants and Co-Locators
Applicants or Co-Locators seeking aRight-of-Way Permit shall file on forms designated by the
Awarding Authority acompleted and signed Application at the office of the Awarding Authority which
shall include the following information:
1. The identity and legal status of the Applicant or Co-Locator including any parent or affiliated
corporation.
2.The address and telephone number of the corporation and the name of the officer, agent or
employee responsible for the accuracy of the Application.
3.If aPublic Utility (or municipal department), the federal identification number of the entity. All
others must in addition specify their FCC license number and submit evidence of certification by the
DTE.
4.Ageneral description of Applicant' sExisting Overhead or Underground Facilities within the Town
that itis using to provide service and the service that itiscurrently providing.
5.Adetailed description of the service that Applicant or Co-Locator intends to offer or provide to
persons, firms, businesses or institutions within the Town and whether the use of the Facility to
provide the service will constitute aPublic Utility Use.
6.A detailed description of the Underground or Overhead Facilities Applicant or Co-Locator intends to
use or construct, their useful life and full dimensions of the proposed Facility including but not limited
to the following: height of Poles, number of wires and their diameter, height of wires above the Right-
of-Way, voltage of electric transmission lines, diameter of mains and conduits.
7.Maps or plans showing the exact location of the Existing or proposed New Facility in the Right-of-
Way using engineering metes and bounds, street names and intersecting street names. Show anorth
arrow.
8.A statement as to whether New Facilities will be built or Existing Facilities will be used and who is
the Applicant with respect to such Facility.
9.In the case of aCo-Locator seeking aPermit for an Attachment to aFacility the Applicant of which is
exempt in whole or part from the obligation to make aLicense Rental Payment for the Facility as
provided herein, ifany, such application shall be made jointly by Applicant and Co-Locator. Each must
sign the application and Applicant must acknowledge in awriting in form and substance satisfactory to
the Town, its obligation to pay the amount, ifany, as aLicense Rental Payment due the Town in respect
of such Attachment.
10. The names of Co-Locators who share or will share the Facility. Applicants must provide evidence
that Co-Locators have received their own Right-of-Way Permit and identify all pending Co-Locator
Applications.
11. Evidence that Applicant or Co-Locator has obtained all other governmental approvals and permits
needed to use Existing Facilities and to offer or provide services.
B. Petitions for Grants of Location
Applicants or Co-Locators that are Public Utilities and that are seeking aGrant of Location as part of
the Right-of-Way Permit shall also provide the following information as part of the application:
1.Astatement as to the purpose for constructing the New Facility or make an Attachment to an
Existing Facility.
2.Alist of abutters' names and addresses.
3.The kind, size and tested strength ofsupporting or service wires for Poles.
4.The maximum voltage that will be transmitted over wires and the maximum cubic feet of gas that
will be transported through mains.
5.The size and pressure of gas mains and what the main is made of.
6.Alist of all posts, Poles or other supports of wires included in the Grant of Location.
7.The number of cross arms in use with each Pole and the number of wires that are already attached
thereto and the number of wires that are proposed.
8.The location of conduits and manholes in relation to the' Existing Underground Facilities and
proposed New Underground Facilities.
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ANNUAL TOWN MEETING APRIL 27, 2009
C. Applicants for New Facilities Must Submit Additional Information.
IfNew Facilities are to be constructed, Applicant must submit the following additional information as
part of the Application:
1.Preliminary engineering plans, specifications and aSite Plan of the facilities to be located within the
Right-of-Way at ascale of one inch equals forty (40) feet which shall show (i)all property lines, (ii)the
exact location of the proposed New Facilities, and (iii) Existing Facilities, streets, landscape features,
residential dwellings, and all buildings located within five hundred feet (500') of the New Facility
prepared by aRegistered Professional Engineer or other qualified professional.
2.A network map showing the location and route of the New Facilities superimposed on the Public
Ways of the Town on ascale of one inch equals one hundred feet (100') prepared by aRegistered
Professional Engineer or other qualified professional.
3.The location of all Existing Facilities of Applicant and any Co-Locator located along the proposed
route.
4.The specific trees, structures, improvements, facilities and obstructions, if any, that Applicant
proposes to temporarily or permanently remove or relocate.
5.Evidence as to what, ifany, Excess Capacity isavailable for Attachments to Existing Facilities located
along the proposed route with aspecification of how much Excess Capacity will exist after the
installation of the New Facility. If co-location isnot proposed, an affidavit attesting to the fact that
Applicant made diligent but unsuccessful efforts to obtain permission to install or co-locate New
Facilities on Existing Facilities, the reason for the denial of co-location' and whether an appeal to the
DTE has been adjudicated.
6.If New Facilities are to be constructed, the Excess Capacity that will exist in or on them after their
installation and use by the Applicant and any identified Co-Locator.
7.The useful life of the Proposed Facility or Attachment
8.Information as to the type and frequency of any Telecommunications Equipment that will be
installed.
9.Apreliminary construction schedule and completion date.
10. Financial statements prepared in accordance with generally accepted accounting principles
demonstrating Applicant' sfinancial ability to construct, operate, maintain, relocate and remove the
proposed Facilities.
11. Information in sufficient detail to establish Applicant' stechnical qualifications, experience and
expertise regarding the Facilities to be constructed and operated.
12. Evidence that Applicant has obtained all other governmental approvals and Permits needed to
construct the New Facilities, including but not limited to any necessary Street Opening Permits.
13. The name of the Licensed Contractor who will perform the construction work or acopy of the Public
Works Construction License that Applicant has obtained from the Town.
14. An Application Fee.
I5.ACertificate of Insurance in coverages as specified in Section VI-Jof this By-Law.
16. Such other and further information related to the construction and use of aFacility as may be
reasonably required by the Awarding Authority in its form Application.
VI. APPLICATION PROCEDURE
Upon receipt of a completed and signed Application, itwill be forwarded to the Highway
Superintendent, Planning Board and the Inspector of Wires for review. The Highway Superintendent,
Planning. Board and Inspector of Wires shall promptly review the Application and make written
recommendations concerning approval to the Awarding Authority and, if appropriate, shall include
recommendations concerning permit conditions and supplemental instructions.
If the Application involves the construction of New Facilities, the modification of Existing Facilities or a
program of Attachments the total construction cost of any of the foregoing isestimated to exceed one
million dollars, the Town and Applicant may enter into an agreement for the Applicant to reimburse the
Town for the reasonable cost of engineering review by the Town'sconsultant of the plans submitted.
In such acase, Applicants shall submit adeposit to secure the cost of this review which will be held in
asegregated account in accordance with C. 44 section 53G of the Mass. General Laws.
If the Right-of-Way Application includes aPetition of the Applicant for aGrant of Location, the
Awarding Authority shall promptly schedule apublic hearing and, if required by statute, publish a
public notice of the hearing. Owners of property abutting the property on which the New Facility is
proposed will be notified by the Town at least fourteen days prior to the public hearing and given the
opportunity to speak at the public hearing and present evidence.
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ANNUAL TOWN MEETING APRIL 27, 2009
The Awarding Authority shall review the Application, any evidence presented at aGrant of Location
public hearing and the recommendations received from the Highway Superintendent, Planning Board
and Inspector of Wires and make aprompt determination on the Application taking into account the
recommendations received, testimony and evidence presented ifany, and such other facts as it may
reasonably consider such as:
A. The likelihood that the New Facility will incommode the public use of public ways or endanger or
interrupt navigation.
B. The financial and technical ability of the Applicant or Co-Locator to construct New Facilities or to use
the Right-of-Way.
C. The capacity of the Right-of-Way and the Existing Facilities thereat to accommodate the
proposed New Facilities, modifications or Attachments.
D. The capacity of the Right-of-Way and the Existing Facilities thereat to accommodate additional
New Facilities ifthe Permit is granted.
E. Potential damage or disruption ( including Measurable Interference with Telecommunications
Services) to Existing Facilities, or public property ifthe Permit isgranted.
F. The effect, ifany, on public health, safety and welfare ifthe Permit isgranted.
G. The availability of alternate routes and/ or locations for the proposed New Facilities.
H. Applicable federal and state laws and Town by-laws which might prohibit or affect the Permit if
granted.
If the Application is considered favorably, aRight-of-Way Permit containing such conditions and
supplemental instructions regarding the location and installation of Facilities as the Awarding Authority
reasonably deems appropriate shall promptly be issued upon the satisfaction of any conditions
precedent, which the Awarding Authority may establish. Ifthe Application is not favorably considered,
the Awarding Authority shall communicate in writing to Applicant of Co-Locator the reasons its
Application was not favorably considered.
If aGrant of Location has been requested as part of the Application for aRight-of-Way Permit and the
Application has been considered favorably, the Right-of-Way Permit shall also constitute an Order
Granting the Location. The Grant of Location will specify where the New Facility or Attachment may be
placed, and (with the exception of Grants of Location for Transmission Lines) the kind of Poles, piers or
abutments which may be used, the number of wires or cables which may be attached thereto, the
height to which the wires or cables may run and the maximum voltage between conductors to be
carried through same. Grants of Locations for Poles are limited to one Pole per Location. The Grant of
Location may contain such other conditions and supplemental instructions as the Awarding Authority
reasonably deems appropriate.
VII. TERMS OF THE RIGHT-OF-WAY PERMIT
A. Conditions of Permit.
All Right-of-Way Permits granted are conditioned upon 1) the Applicant having obtained and submitted
to the Awarding Authority, prior to construction and installation of its New Facilities, aBond as
required in sub-section (K)(2) hereafter, and 2) the execution and delivery of aTown of Canton Right-
of-Way License Agreement substantially in the formset forth below and otherwise in form and
substance satisfactory to the Awarding Authority.
B. Permit Term
Rights-of-Way Permits shall be valid for the period commencing on the date of filing of an Application
and ending upon the Revocation of aRight-of-Way Permit. APermit Holder desiring to continue to use
the Facility after the expiration of the Permit Term shall not more than 180 days nor less than 90 days
before expiration of the current Permit file an Application with the Town for aPermit as though the
Existing Facility were aproposed New Facility. Each Co-Locator must also file for anew Permit.
C. Revocation of Permits.
Except to the extent that aRight-of-Way Permit also constitutes astatutory Grant of Location and
current law limits the ability of the Awarding Authority to revoke aGrant of Location, the Awarding
Authority during the Permit Term may revoke aRight-of-Way Permit granted hereunder after notice
and hearing if itshall reasonably determine that (i)Permit Holder is in Default (ii)Permit Holder fails
to construct the Facilities for which aPermit was granted within six months of the granting of the
Permit (iii) Permit Holder has failed to relocate its Facility or Attachment to anew location within the
designated time following an order from the Awarding Authority to relocate such Facility or Attachment
or (iv) if the Awarding Authority" determines that public necessity and convenience requires the
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ANNUAL TOWN MEETING APRIL 27, 2009
revocation of aGrant of Location held by astreet railway. The Permit-Holder shall be given not less
than ten days prior written notice of the time and place of the hearing on revocation and shall have the
opportunity at the public hearing to present evidence.
D. Removal of Facilities.
Following revocation of the Permit or the expiration of the Permit Term without an application to
continue to use the Facility unless then existing statutes shall require adifferent result and, ifordered
by the Town, Permit Holder shall cease using the Right-of-Way. Permit Holder shall remove all of its
Overhead and Underground Facilities from the Right-of-Way and restore the area to its original
condition within six months following expiration or revocation of the Permit. In the event that the
Permit Holder fails to remove its Facilities, the Awarding Authority may treat such as abandoned
property and, among other remedies, remove the Facilities and restore the area at the owner'ssole
cost and expense.
E. Removal of Unauthorized Facilities.
The location of any Overhead or Underground Facility covered by aRight-of-Way Permit may be
changed by order of the Awarding Authority if itdetermines in its reasonable discretion that public
necessity, the incommoding of the public’suse of the public ways or public endangerment or
interruption of navigation requires relocation of the Facility. Except for Emergency Repair Work,
Applicant isrequired to notify all Co-Locators upon receiving an order to relocate the Facility from the
Awarding Authority. Applicant and all Co-Locators shall, at their own expense, relocate their Facilities
to such location as shall have been approved by the Awarding Authority within ninety days of the
receipt of the order of the Awarding Authority. Upon relocation Applicant shall promptly supply
Awarding Authority with "as built" plans of the relocated Facility. Following the transfer of the Facility
and any Attachments from the Existing Facility to the New Facility, the Existing Facility shall be
removed from the site within ninety days from the date of completion of the transfer.
Except to the extent allowed by law and unless directly and proximately caused by the willful,
intentional or malicious acts by the Town, the Town shall not be liable for any damage to or loss of any
Overhead or Underground Facility located in the Right-of-Way as aresult of or in connection with any
public works, public improvements, construction, excavation, grading, filling or work of any kind in the
Right-of-Way by or on behalf of the Town. Rights-of-Way Permits and Grants of Location for Facilities
that have been ordered to be relocated will be amended to reflect the new location once the Facilities
have been re-located.
F. Re-Location of Facilities due to Public Necessity
The location of any Overhead or Underground Facility covered by aRight-of-Way Permit may be
changed by order of the Awarding Authority if itdetermines in its reasonable discretion that public
necessity requires relocation of the Facility. Except for Emergency Repair-Work, Applicant is required
to notify all Co-Locators upon receiving an order to relocate the Facility from the Awarding Authority.
Applicant and all Co-Locators shall, at their own expense, relocate their Facilities to such location as
shall have been approved by the Awarding Authority within ninety days of the receipt of the order of
the Awarding Authority. Upon relocation Applicant shall promptly supply Awarding Authority with "as
built" plans of the relocated Facility. Following the transfer of the Facility and any Attachments from
the Existing Facility to the New Facility, the Existing Facility shall be removed from the site within
ninety days from the date of completion of the transfer.
Unless directly and proximately caused by the willful, intentional or malicious acts by the Town, the
Town shall not be liable for any damage to or loss of any Overhead or Underground Facility located in
the Right-of-Way as aresult of or in connection with any public works, public improvements,
construction, excavation, grading, filling or work of any kind in the Right-of-Way by or on behalf of the
Town. Rights-of-Way Permits and Grants of Location for Facilities that have been ordered to be
relocated will be amended to reflect the new location once the Facilities have been re-located.
G. Assignment of Facilities
Except to the extent that Section 15B of Chapter 166 of the Massachusetts General Laws and other
current law limits the ability of the Town to transfer aRight-of-Way Permit, aRight-of Way Permit is
not assignable. If aPermit-Holders transfers ownership or use of its Facilities to another entity, such
entity must apply for and receive its own Permit in accordance with this By-Law.
H. Non-exclusive grant
80 -