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Canton Town Meeting — 2020 ATM / STM

Town Meeting · Record year 2020 · Record lf-75394

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Source page 81

ANNUAL TOWN MEETING - JUNE22,2020


                                                   ARTICLE 41

ACCEPTANCE OF HISTORICAL WAY AS A TOWN WAY
Article 41To see if the Town will vote toaccept Historical Way as atown way, as recommended by the Planning
Board and laid out by the Board of Selectmen pursuant to G.L.c.41 and c.82; to authorize the Board of
Selectmen to acquire by purchase, gift, or eminent domain such land and easements for the creation, maintenance
and operation of apublic way, including but not limited to easements for access, grading, drainage, sloping,
construction and utilities, inall orany portions of the parcels listed below; tosee ifthe Town will vote toraise and
appropriate, borrow pursuant toany applicable statute or transfer from available funds, asum of money for such
purposes; and further to authorize the Board of Selectmen and Town officers to take any and all related actions
necessary orappropriate to carry out the purposed of this article; orto take any other action related thereto.

Property AddressTown Assessor ID
2 Historical WayMap 45 Parcel 16
3Historical Way        Map 46 Parcel 83
4 Historical WayMap 45 Parcel 17
5 Historical WayMap 46 Parcel 82
6 Historical WayMap 46 Parcel 77
8 Historical WayMap 46 Parcel 78
10 Historical WayMap 46 Parcel 79
11 Historical WayMap 46 Parcel 81
15 Historical Way      Map 46 Parcel 80

MOVED:           That the subject matter of Article 41 be indefinitely postponed.



                                    FINANCE COMMITTEE VOTE:            8-0-0


DISCUSSION: The Finance Committee voted to postpone indefinitely Article 41 because the street was not
ready to be accepted by the Town at the time of their meeting.


                             APPROVED__________        DISAPPROVED__________



                                                   ARTICLE 42

AMEND GENERAL BYLAWS – CHANGE “ BOARD OF SELECTMEN” TO “SELECT BOARD”
Article 42To see if the Town will vote to amend the Town of Canton’sGeneral By-laws by replacing, in each
instance in which they appear: ( 1)the words “Board of Selectmen”, “ Board of Selectman”, “ Board”, or
 Selectmen”, when such terms reference the entire Board, with the term “Select Board”; ( 2)the term “Selectman”
with “Select Board member”; ( 3)the term “Chairman” with the term “Chair”; and the term “Vice Chairman” to
 Vice Chair” and (4)the words “He”, “His” or “Him” to “They”, “Theirs” or “Them”; and to change any other gender
specific pronouns to gender neutral pronouns or to take any action related thereto, provided, however, that this
bylaw amendment shall takeeffect only after all the provisions of M.G.L c.40, s.32 have been met; or to take any
other action related thereto.
Christine Smith and 16 others

MOVED:          That the General By-Laws be amended by replacing, in each instance in which they
appear: ( 1) the words “ Board of Selectmen”, “ Board of Selectman”, “ Board”, or “Selectmen”, when
such terms reference the entire Board, with the term “Select Board”; ( 2) the term “Selectman” with
 Select Board member”; ( 3) the term “Chairman” with the term “Chair”; and theterm “ Vice Chairman”
to “Vice Chair” and by changing any other gender specific pronouns to gender neutral pronouns,
provided, however, that this bylaw amendment shall take effect only after all the provisions of M.G.Lc.
40, s.32 have been met.


                                    FINANCE COMMITTEE VOTE:            7-0-0




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DISCUSSION: The Finance Committee supports this article which will substitute gender neutral pronouns for
gender specific pronouns inthe Town ofCanton’sgeneral by laws. Similar actions have been taken by many cities
and towns across the Commonwealth and are long overdue.


                            APPROVED__________        DISAPPROVED__________




                                                  ARTICLE 43

AMEND ZONING BY-LAW SECTION 9.5 BILLBOARD ZONING OVERLAY DISTRICT ( BZOD)

Article 43 To see ifthe Town will vote to amend Zoning By-law Section9.5 (currently unused) to add aBillboard
Zoning Overlay District (BZOD) as follows:

Section 9.5 Billboard Zoning Overlay District

The Town of Canton shall have adesignatedBillboardZoningOverlayDistrict ( BZOD), as established pursuant to
Section 2.2(Overlay and Special Districts), described herein and as shown on the Canton Zoning Map, as most
recently amended and on file inthe office of Town Clerk.

9.5.1 Purpose. TheBillboardZoningOverlayDistrict isaset of requirements which are superimposed over the
Limited Industrial and Industrial Zoning Districts located along Interstate 93, Interstate 95, and Route 24 (300
feet off the right-of-way) as shown on the approved Zoning Map as the
designatedBillboardZoningOverlayDistrict.    The BZOD shallestablish reasonable standards in accordance with the
following purpose and intent:
     1.Responsibly address the changing technology of digital displays, and the Town desires to regulate this
          technology as applied inthe use of off-premises signage.

   2.To allow new technologies inadesignated area while working through special permit and other means to
     address the removal of older static type billboards Town-wide in lieu of new installations.

   3.To regulate the quality, scale and impact of off-premises commercial billboards in designated receiving
     areas inorder to maintain both acompetitive business market and an aesthetically attractive residential
     community.

   4.To encourage the installation of commercial billboards along the designated highways inaccordance with
     the federal Highway Beautification Act as most recently amended.

   5.To encourage the siting of commercial billboards and electronic/ digital billboards insuch locations that will
     not cause driver distraction but can provide public service announcements inemergency situations for the
     safety and welfare of the general public.

   6.To preserve the residential character of the Town and protect the environmental, historic and open space
     resources of the community by designating defined areas of location that minimize potential adverse
     impacts to the Town.


9.5.2 Definitions


Accessory Signs:Any sign that, with respect to the premises on which itiserected, advertises or indicates one or
more of the following: the person occupying the premises or the business transactedon the premises or the sale or
letting of the premises or any part thereof, and which contains no other advertising matter.




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Billboard: Afixed or dynamic single- or multiple-sided, freestanding sign larger than 40 square feet ingross area,
which does notadvertise abusiness or profession conducted, aservice offered or acommodity sold upon the
premises where such sign is located, and which issubjected to MGL c.93, §§29 to 33, and the rules and
regulations of the Office of Outdoor Advertising.

Digital/ ElectronicBillboard : An electronic message display utilizing light-emitting diodes (LEDs), plasma or
other technology that presents static or multiple static advertisements on arotating basis,freestanding, which
does not advertise abusiness orprofession conducted, aservice offered or commodity sold upon the premises
where such sign islocated, and which issubjected tothe rules and regulations ofthe Office of Outdoor Advertising.

Non-accessory Signs:Any billboard, sign, or other advertising device that does not come within the foregoing
definition of an accessory sign.

Sign:Any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to,
or indicates any premises, persons, products, businesses or activities, whatever the nature of the material and
manner of composition or construction.

Standing Sign: Any and every sign erected on or affixed to the land and any and every exterior sign that isnot
attached to abuilding.

9.5.3. Special permit granting authority. The special permit granting authority ( SPGA) for Section 9.5 of the
Zoning Ordinances shall bethe Canton Board of Selectmen.

9.5.4.Applicability. Any installation of an off-premisesbillboardshall require special permit approval.
All special permit applications shall be submitted inaccordance with the administrative procedures specified under
Section 10.4(Special Permits) and outlined inMGL Chapter 40A.

9.5.5. Special permit criteria.The SPGA shall not render adecision on an application for aspecial permit until it
has made its findings. Special permit criterial can be found in Section 6.3.10 (Non-accessory signs).

9.5.6.Severability. The invalidity of any section or provision ofthis article shall not invalidate any other section
orprovision hereof.
Board of Selectmen for Planning Board

Commentary: The goal ofthis and related zoning changes isto create adistrict tomanage the placement,
operation, maintenance, and local impacts of billboards via aBillboard Zoning Overlay District, and to reference
that district inour language for non-accessory signs (billboards).

PLANNING BOARD MOTION:

MOVED:         That Zoning By-law Section 9.5 (currently unused) be amended by adding a new Zoning
By-Law Section 9.5 Billboard Zoning Overlay District ( BZOD) as presented in the warrant.


                                      PLANNING BOARD VOTE:                5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 43 as written in the warrant be adopted.


                                     FINANCE COMMITTEE VOTE:             7-0-0

                                                            th
PLANNING BOARD DISCUSSION:                  On February 19,    the Planning Board discussed the proposed article to
amend Section 9.5.The goal of this and related zoning changes isto create adistrict to manage the placement,
operation, maintenance, and local impacts of billboards via aBillboard Zoning Overlay District, and to reference
that district inour language for non-accessory signs (billboards).




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FINANCE COMMITTEE DISCUSSION:               This Article proposes to add aBillboard Zoning Overlay District along
the highways that run through town. This article will provide for reasonable regulations tocontrol billboards only in
areas where they are appropriate, while allowing the Town to collect additional revenue. The Finance Committee
voted to support this article.



                             APPROVED__________        DISAPPROVED__________




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                                                     ARTICLE 44

AMEND ZONING BY-LAW SECTION 10.7 CANTON CENTER DESIGN REVIEW
Article 44 To see ifthe Town will vote to amend Zoning By-law Section 10.7as follows:

        1.Replace all references inSection 10.7 (and all subsections) to the “Canton Center Design Review
          Board” or “Design Review Board” or “CCDRB” with the Planning Board.
        2.Remove the language of Section 10.7.14 “Canton Center Design Review Board; Composition”, and
          replace itwith the words “Not Used”
        3.Remove the language of Section 10.7.15 “CCDRB; Method of Appointment” and replace itwith the
          words “Not Used”
        4.Remove the language of Section 10.7.16 “CCDRB; Organization” and replace itwith the words “Not
          Used"
        5.Amend Section 10.7.17 CCDRB; Administrative Procedures as follows:

10.7.17 Canton Center Design Review Administrative Procedures. Itisthe responsibility ofthe applicant to
distribute copies of plan that require design review to the members of the Planning Board. The applicant shall
provide six (6)copies ofplans and related materials required for design review. The original copy ofthe dated
Planning Board application ( requesting Canton Center Design Review) shall be filed with the Board of Appeals.

   1.Itisthe responsibility ofthe applicant to distribute the study model (ifapplicable) to the Planning Board
        office at the time of distribution of copies of plans that require design review.
   2.The Planning Board shall within thirty (30) days following the date such distribution ismade, file aCanton
        Center Design Review findings and recommendations report with the Board of Appeals. Failure to file
        within the time designated shall be deemed tobe arecommendation the plan be approved, unless the
        Chairman ofthe Planning Board submits to the Board ofAppeals within the initial thirty (30) day period
        and with the consent of the applicant, arequest to extend the time offiling for anadditional thirty (30)
        days.
   3.Although the Zoning Board of Appeals ( ZBA) shall carefully consider the findings and recommendations of
        the Planning Board’sdesign review, the ZBA shall not be bound by any specific findings or
        recommendations.
orto take anyother action related thereto.
Board of Selectmen for Planning Board

Commentary: The Canton Center Design Review Board was created to be appointed by and serve at the pleasure
of the Planning Board. While the Planning Board recognizes the value of design review within the Canton Center,
they believe design review will be more effective and efficient ifthat responsibility falls to the Planning Board itself,
inpart because the Planning Board meets more often.

PLANNING BOARD MOTION:

MOVED:            That Zoning By-law Section 10.7 be amended as presented in the warrant.


                                       PLANNING BOARD VOTE:                 5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 44 as written in the warrant be adopted.


                                      FINANCE COMMITTEE VOTE:             7-0-0

                                                        th
PLANNING BOARD DISCUSSION:               On February 19    the Planning Board discussed the proposed article to
amend Section 10.7Canton Center Design Review. The Canton Center Design Review Board was created to be
appointed by and serve at the pleasure of the Planning Board. While the Planning Board recognizes the value of




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design review within the Canton Center, they believe design review will be more effective and efficient if that
responsibility falls to the Planning Board itself, inpart because the Planning Board meets more often.


FINANCE COMMITTEE DISCUSSION:                 The Finance Committee voted to support this article, which would
transfer the responsibility for design review within Canton Center to the Planning Board. The Canton Center Design
Review Board, which isappointed by the Planning Board, would be abolished. The Planning Board believes this will
make the design review more efficient and effective.



                             APPROVED__________        DISAPPROVED__________




                                                   ARTICLE 45

AMEND ZONING BY-LAW SECTION 3.1.4 TABLE OF USE DEFINITIONS, SECTION JACCESSORY USES
RELATED TO THE KEEPING OVERNIGHT OF MOTOR VEHICLES
Article45 To see ifthe Town will vote to amend the Zoning By-laws Section 3.1.4,Table of Use Regulations,
Section JAccessory Usesto remove the first use of the word “not” inthe use description for “The keeping overnight
of not more than five motor vehicles…” so that the revised use description reads as follows,
 The keeping overnight of more than five motor vehicles, one of whichmay be acommercial vehicle. Such
commercial vehicle shall not exceed agross vehicle weight oftwelve thousand, five hundred ( 12,500) pounds, or
measure more than seven feet, six inches (7’6”)from the ground to the top of the roof, or measure more than
twenty-one feet (21’) from the front bumper to the rear bumper. For the purpose ofthis section no, so-called,
pickup truck shall be deemed tobe a c‘ ommercial’ vehicle. Nothing inthis section shall be construed to prevent any
person from bringing acommercial vehicle otherwise prohibited by this section into aresidential neighborhood for
the purpose ofmaking adelivery, or performing work, or during lunchtime, or on an irregular basis”
Board of Selectmen for Planning Board
Commentary: This bylaw change corrects an error inthe Table of Use, Section JAccessory Uses

PLANNING BOARD MOTION:

MOVED:       That Zoning By-Law Section 3.1.4 Table of Use Regulations, Section JAccessory Uses
be amended as presented in the warrant.


                                      PLANNING BOARD VOTE:               5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 45 as written in the warrant be adopted.



                                     FINANCE COMMITTEE VOTE:           7-0-0


PLANNING BOARD DISCUSSION:                  On February 19th, 2020, the Planning Board voted unanimously with
five (5)members infavor and none opposed, torecommend that this Article be adopted at Town Meeting with no
changes inthe motion, that the applicable language be added directly into thissection of the by-laws.


FINANCE COMMITTEE DISCUSSION:                The Finance Committee voted to support this article, which corrects
an error inthe Table ofUse regulations relative to limiting the number of vehicles that can be kept overnight to five
without aspecial permit.


                             APPROVED__________        DISAPPROVED__________



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                                                  ARTICLE 46

AMEND ZONING BY-LAWS SECTION 3.1.4 TABLE OF USE REGULATIONS RELATED TO SHORT- TERM
RENTALS
Article46 To see ifthe Town will vote to amend Zoning By-laws Section 3.1.4 Table ofUseRegulations as follows
or take any other action related thereto.
    1.By amending the Zoning By-laws Section 3.1.4,Table of Use Regulations, Section JAccessory Uses by
         adding the accessory use zones for “Short term rentals” by allowing their use by right inall residential
         zones and the Business and Central Business Districts. The use would not be allowed inthe Limited
         Industrial Districts, Industrial District, and Parkland and Open Space.

        J. Accessory UsesSRGRBCBLILI( B) LI(C) IPOS
                       2
        Short-term rental YYYYNNNNN

        2.Subject toapplicable State and Town registration, administrative regulations, and inspection
        requirements.

   2.By amending the Zoning By-laws Section 3.1.4,Table of Use Regulations, Section AResidential Uses by
     adding the principle use zones for “Short term rentals” by allowing their use by right inall residential
     zones and the Business and Central Business Districts. The use would not be allowed inthe Limited
     Industrial Districts, Industrial District, and Parkland and Open Space.

        A.Residential UsesSRGRBCBLILI( B) LI(C) IPOS
                       2
        Short-term rental YYYYNNNNN

        2.Subject to applicable State and Town registration, regulations, and inspection requirements.

Board of Selectmen for Planning Board

Commentary: The goal ofthis and related zoning articles istomodernize Canton’szoning regulations around
short-term rental of residential property made through internet hosting platforms such as, but not limited to,
AirBnB.Ashort-term rental (as defined by the Commonwealth ofMassachusetts in Chapter 337 “An Act Regulating
and Insuring Short-term Rentals”) is arental that isnot for more than 31 consecutive calendar days per occupant,
and does not include long-term rentals such as leases. Any short-term rentals would be subject to the applicable
State and Town registration, administrative regulations, and inspection requirements. Canton adopted Chapter 337
as alocal option in2019, which allows the Town of Canton to tax, zone, and otherwise regulate short-term rentals.

PLANNING BOARD MOTION:

MOVED:        That Zoning By-law Section 3.1.4 Table of Use Regulations Related to Short-term
Rentals be amended as presented in the warrant.


                                    PLANNING BOARD VOTE:               5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 46 as written in the warrant be adopted.



                                    FINANCE COMMITTEE VOTE:           7-0-0

                                                         th
PLANNING BOARD DISCUSSION:                On February 19,   the Planning Board discussed the proposed article to
amend Section 3.1.4 Table of Use regulations related to short-term rentals. The goal ofthis and related zoning
articles istomodernize Canton’szoning regulations around short-term rental of residential property made through
internet hosting platforms such as, but not limited to, AirBnB.Ashort-term rental (as defined by the
Commonwealth of Massachusetts inChapter 337 “An Act Regulating and Insuring Short-term Rentals”) isarental



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that isnot for more than 31 consecutive calendar days per occupant, and does not include long-term rentals such
as leases. Any short-term rentals would be subject to the applicable State and Town registration, administrative
regulations, and inspection requirements. Canton adopted Chapter 337 as alocal option in2019, which allows the
Town of Canton to tax, zone, and otherwise regulate short-term rentals.


FINANCE COMMITTEE DISCUSSION: This Article will amend the Table of Uses to allow short-term rentals,
subject to Town regulations. Although short-term rentals are not commonplace in Canton yet, itis wise to put
zoning provisions in place. Town regulations for inspections, registration, and other matters will apply. The
Finance Committee recommends approval.


                            APPROVED__________        DISAPPROVED__________



                                                  ARTICLE 47

AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS RELATING TO SHORT TERM RENTALS
Article47 To see ifthe Town will vote to amend Zoning By-Laws Section 11.0as follows, with new word
definitions being incorporated into the existing text inorder alphabetically with the existing word definitions:
By adding the definition of “Short-term rental” as follows:
     Short-term rental:an owner-occupied, tenant-occupied ornon-owner occupied property including, but not
     limited to, an apartment, house, cottage, condominium or afurnished accommodation that isnot a hotel,
     motel, lodging house or bed and breakfast establishment, where: ( i)at least 1room or unit isrented to an
     occupant or sub-occupant; and (ii)allaccommodations are reserved in advance; provided, however, that a
     private owner-occupied property shall be considered asingle unit ifleased or rented as such. Itdoes not
     include property that isrented out through tenancies at will or month-to-month leases. Italso does not include
     time-share property. Ashort-term rental isarental that isnot for more than 31 consecutive calendar days.
Or totake any other action related thereto.
Board of Selectmen for Planning Board

Commentary: The goal ofthis and related zoning articles isto modernize Canton’szoning regulations around
short-term rental of residential property made through internet hosting platforms such as, but not limited to,
AirBnB, as per Chapter 337 an “Act Regulating and Insuring Short-term Rentals” ( 2018).

PLANNING BOARD MOTION:

MOVED:         That Zoning By-Laws Section 11.0 be amended by adding new word definitions for
Short-term rental as presented in the warrant.


                                     PLANNING BOARD VOTE:               5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 47 as written in the warrant be adopted.


                                    FINANCE COMMITTEE VOTE:           7-0-0
                                                           th
PLANNING BOARD DISCUSSION:                  On February 19,   the Planning Board discussed the proposed article to
amend Section 11.0Definitions relating to short term rentals. The goal of this and related zoning articles isto
modernize Canton’szoning regulations around short-term rental of residential property made through internet
hosting platforms such as, but not limited to, AirBnB, as per Chapter 337 an “Act Regulating and Insuring Short-
term Rentals” ( 2018).

FINANCE COMMITTEE DISCUSSION:             This Article isrelated toArticle 46, and places adefinition of short-
term rental inthe Zoning By-law. The Finance Committee voted to support thisarticle.


                            APPROVED__________        DISAPPROVED__________




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                                                  ARTICLE 48

AMEND ZONING BY-LAW SECTION 4.1.4 TABLE OF DIMENSIONAL REQUIREMENTS – RESIDENCE
DISTRICTS
Article 48 To see ifthe Town will vote to amend Zoning By-law Section 4.1.4 Table of Dimensional Requirements
 Residence Districts to remove footnote references for the accessory structure rear yard setbacks.
Board of Selectmen for Planning Board

Commentary: The Town would like to allow more flexibility to homeowners for rear yard setbacks for accessory
structures, as most homes in Canton could not meet the required 100-200 foot setback requirements. Those
larger setbacks are still required for the accessory structures inthe side yards.

PLANNING BOARD MOTION:

MOVED:          That Zoning By-law Section 4.1.4Table of Dimensional Requirements – Residence
Districts be amended by removing footnote references for the accessory structure rear yard setbacks.


                                     PLANNING BOARD VOTE:               5-0


FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 48 as written in the warrant be adopted.



                                    FINANCE COMMITTEE VOTE:           7-0-0

                                                          th
PLANNING BOARD DISCUSSION:                On February 19,   the Planning Board discussed the proposed article to
amend Section 4.1.4 Table of Dimensional Requirements. The Planning Board would like to allow more flexibility to
homeowners for rear yard setbacks for accessory structures, as most homes inCanton could not meet the required
100-200 foot setback requirements. Those larger setbacks are still required for the accessory structures inthe side
yards.


FINANCE COMMITTEE DISCUSSION:               The Finance Committee voted tosupport this Article, which would
allow more flexibility for homeowners toplace accessory structures, such as sheds, inthe rear yard.




                            APPROVED__________        DISAPPROVED__________




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                                                    ARTICLE 49

ADD ZONING BY-LAW SECTION 4.2.9 RETAINING WALLS ALONG SCENIC WAYS
Article 49 Tosee ifthe Town will vote to add Zoning By-law Section 4.2.9 RetainingWalls Along Scenic Ways to
the Special Regulations as follows:

4.2.9 Retaining Walls Along Scenic Ways. Retaining walls along frontage facing ascenic way (in any district)
shall comply with the regulations in Section 6.4.6.The streets designated as Scenic Ways within the Town of
Canton include Chapman Street, Elm Street, Farm Street, Green Street, Green lodge Street, Hemenway Drive,
High Street, Indian Lane, Pleasant Street, Sherman Street (from Washington Street eastward to Pleasant Street),
Walpole Street, Washington Street, and York Street.
Board of Selectmen for Planning Board

Commentary: The Town would like to expand design requirements for retaining walls to include those installed
facing scenic ways. Section 6.4.6 requires retaining walls to be constructed to amaximum height of 6feet. If
above six feet, retaining walls are required to be terraced and landscaped. Retaining walls would be required to be
of solid fieldstone or fieldstone veneer. Unless in an Industrial District, vertical cast in place concrete or concrete
blocks would not be permitted. This bylaw change would require these same standards ( as normally only apply to
the landscaping and screening requirements for non-residential parking areas which face residential districts) to
apply to any parcels installing aretaining wall facing ascenic way.

PLANNING BOARD MOTION:

MOVED:          That Zoning By-law Section 4.2.9 Retaining Walls Along Scenic Ways be added to the
Special Regulations as follows:

4.2.9 Retaining Walls Along Scenic Ways.Retaining walls along frontage facing a scenic way (in any
district) shall be constructed to a maximum height of six (6) feet. If site conditions require elevation
changes of greater than six (6) feet, retaining walls along frontage facing a scenic way (in any district)
shall be terraced and landscaped. Retaining walls along frontage facing ascenic way (in any district)
shall be solid fieldstone or fieldstone veneer or other similar material or appearance, and vertical cast
in place concrete or concrete blocks shall not be permitted.

                                      PLANNING BOARD VOTE:                3-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 49 as written in the warrant be adopted.



                                     FINANCE COMMITTEE VOTE:             7-0-0


                                                            thth
PLANNING BOARD DISCUSSION:                    On February 19    and again on March 4,2020, the Planning Board
discussed the proposed article to add Zoning By-law Section 4.2.9. The Planning Board would like to expand
design requirements for retaining walls toinclude those installed facing scenic ways. Section 6.4.6 requires
retaining walls to be constructed toamaximum height of6feet. Ifabove six feet, retaining walls are required to
be terraced and landscaped. Retaining walls wouldbe required to be of solid fieldstone or fieldstone veneer. Unless
in an Industrial District, vertical cast in place concrete or concrete blocks would not be permitted. This bylaw
change would require these same standards ( as normally only apply to the landscaping and screening requirements
for non-residential parking areas which face residential districts) to apply toany parcels installing aretaining wall
facing a scenic way.

FINANCE COMMITTEE DISCUSSION:                The Finance Committee voted tosupport this Article, which would
require retaining walls along scenic ways to meet minimum aesthetic requirements.



                             APPROVED__________         DISAPPROVED__________




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                                                 ARTICLE 50

AMEND ZONING BY-LAW SECTION 7.8 TO REMOVE THE EXPIRED TEMPORARY MORATORIUM ON THE
SALE AND DISTRIBUTION OF RECREATIONAL MARIJUANA
Article 50 To see ifthe Town will vote to amend Zoning By-law Section 7.8 by deleting Section 7.8 for “Temporary
Moratorium on the Sale and Distribution of Recreational Marijuana”.
Board of Selectmen for Planning Board

Commentary: The temporary moratorium on the sale and distribution of recreational marijuana was put inplace
at the 2018 Annual Town meeting to give the town time to consider whether itwanted to allow or prohibit the use
and draft zoning accordingly. Thetemporary moratorium has expired, and recreational marijuana was banned at
the 2019 Annual Town Meeting. This isahousekeeping article tokeep the zoning bylaws up todate and accurate.

PLANNING BOARD MOTION:

MOVED:       That the Town vote to amend Zoning By-law Section 7.8 by deleting Section 7.8 for
 Temporary Moratorium on the Sale and Distribution of Recreational Marijuana”.


                                    PLANNING BOARD VOTE:              5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 50 as written in the warrant be adopted.



                                   FINANCE COMMITTEE VOTE:           7-0-0


                                                         th
PLANNING BOARD DISCUSSION:                On February 19,  the Planning Board discussed the proposed article to
amend Section 7.8.The temporary moratorium on the sale and distribution of recreational marijuana was put in
place at the 2018 Annual Town meeting to give the town time to consider whether itwanted to allow or prohibit the
use and draft zoning accordingly. The temporary moratorium has expired, and recreational marijuana was banned
at the 2019 Annual Town Meeting. This isahousekeeping article to keep the zoning bylaws up to date and
accurate.



FINANCE COMMITTEE DISCUSSION:           This Article isa true “housekeeping” article, as itwill repeal the
temporary moratorium on retail recreational marijuana sales, which has expired. The Finance Committee
recommends approval.




                            APPROVED__________        DISAPPROVED__________




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                                                   ARTICLE 51

AMEND ZONING BY-LAW SECTION 6.3.10 NON-ACCESSORY SIGNS
Article 51 To see ifthe Town will vote to amend Zoning By-law Section 6.3.10 to clarify language around non-
accessory signs (billboards) and to add areference tothe Billboard Zoning Overlay District (BZOD) as follows:

6.3.10 Non-Accessory Signs. Non-accessory signs shall not be erected or maintained inaBusiness, Limited
Industrial or Industrial District, unless inthe Billboard Overlay Zoning District (BOZD) permitted under apermit
lawfully issued, and remaining infull force and effect, by the Outdoor Advertising Authority, orby any board or
official succeeding to its authority inthe administration of Sections 29-33, inclusive ofChapter 93 of the General
Laws, or any act inaddition theretoor an amendment thereof and unless allowed by aspecial permit granted by
the Board of Selectmen, which special permit shall be granted only if the Board ofSelectmen determines that said
sign shall not be detrimental to the neighborhood inwhich such sign isto be located nor totraffic and safety
conditions therein nor otherwise detrimental to the public safety and welfare.

The Board ofSelectmen shall not render adecision on an application for aspecial permit until ithas made its
findings. Said findings shall include but not be limited to the following:
     1.Demonstrate compliance with the regulations of the Office of Outdoor Advertising.

   2.Demonstrate that no residentially zoned property or pre-existing nonconforming property orother
     property used for residential purposes, excluding hotels or motels, iswithin aone-thousand- foot radius of
     the proposed location.

   3.Any billboard or non-accessory sign must meet the provisions of Sections 6.3 (Signs) as to movement,
     construction, and maintenance.

   4.Demonstrate that the proposed location does not adversely interfere with the use of adjacent properties,
     including, but not limited to, increasing noise or vibration, casting ashadow on or causing aflicker on
     adjacent properties.

   5.Demonstrate that the proposedbillboardis in harmony with or suitable for the surrounding area and
     would not do significant damage to the visual environment. In making the determination, the special
     permit granting authority may consider, among other factors, health, safety, general welfare of the public,
     the scenic beauty of the area, the physical, environmental, cultural, historical or architectural
     characteristics of the location and area, proximity of the proposedbillboardto schools, orplaces of
     worship oropen space, architectural characteristics of the location and area, the structure, height, and
     size of the sign, and the number of signs on the premises and inthe area where thebillboardis to be
     located.

   6.No flashing lighting shall beallowed. Flashing shall be defined aschanging natural or artificial light orcolor
     effects by anymeans except as may occur when panels or messages change on electronic/ digital
     billboards.

   7.No sexually orientated, sexually provocative or adult-oriented businesses as defined inSection 11.0and
     Section 7.1shall be advertised on abillboard.

   8.The Board of Selectmen shall determine the amount of annual hours thebillboardshall devote to public
     service announcements during acalendar year.

   9.Financial or other compensation tothe Town, including but not limited to removal of existing
     nonconforming billboards, tomitigate the impact of the proposedbillboardon the Town, in aform and/or
     amount identified inan agreement approved by the Board of Selectmen’ sOffice and the Town Counsel.


   Non-accessory Sign Location Requirements:
   1.Billboards shall be within the Billboard Zoning Overlay District.

   2.Non-accessory signs shall not be within fifty (50) feet of any public way.



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    3.Non-accessory signs shall not bewithin three hundred ( 300) feet of any public park, playground or other
      public grounds, ifwithin view of any portion of the same.

    4.Non-accessory signs shall not be nearer than fifty (50) feet to any other such billboard, sign or other
      advertising device, unless such billboards, signs orother advertising devices are placed back to back.

    5.Non-accessory signs shall not be on any location at the corner of any public way, and within aradius of
      one hundred and fifty (150) feet from the point where the center lines of such ways intersect.

    6.Non-accessory signs shall not be nearer than one hundred ( 100) feet toany public way, ifwithin view of
      any portion ofthe same, ifsuch billboard, sign or other advertising device shall exceed alength ofeight
       8)feet or a height of four (4)feet.

   7.Non-accessory signs shall not benearer than three hundred ( 300) feet to any public way, ifwithin view of
       any portion of the same, if such billboard, sign orother sign or other advertising device shall exceed a
       length of twenty-five (25) feet oraheight or ten (10) feet.
Board of Selectmen for Planning Board

Commentary: The goal ofthis and related zoning changes isto create adistrict to manage the placement,
operation, maintenance, and local impacts of billboards via aBillboard Zoning Overlay District, and to reference
that district inour language for non-accessory signs (billboards).

PLANNING BOARD MOTION:

MOVED:           That zoning Bylaw Section 6.3.10 be amended as printed in the warrant.


                                   PLANNING BOARD VOTE:               5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the PlanningBoard
to Town Meeting for Article 51 as written in the warrant be adopted.



                                     FINANCE COMMITTEE VOTE:           7-0-0


                                                            th
PLANNING BOARD DISCUSSION:                  On February 19     the Planning Board discussed the proposed article to
amend 6.3.10. The goal of this and relatedzoning changes is to create adistrict to manage the placement,
operation, maintenance, and local impacts of billboards via aBillboard Zoning Overlay District, and to reference
that district inour language for non-accessory signs (billboards).


FINANCECOMMITTEE DISCUSSION:                 This Article isrelated to Article 43 regarding billboards. Itputs in
place protections for neighbors for any billboards that may be permitted in the Billboard Overlay Zoning District.
The Finance Committee recommends approval.




                             APPROVED__________        DISAPPROVED__________




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                                                  ARTICLE 52

AMEND ZONING BY-LAW SECTION 9.1 FLOOD PLAIN OVERLAY DISTRICT ( FPOD)
Article 52 To see ifthe Town will vote to amend Zoning By-law Sections 9.1.4,9.1.5,9.1.6,9.1.8,and 9.1.9 of
the Flood Plain Overlay District, as follows:

1.9.1.4 Canton Floodplain Districts. In order to reduce flood losses, to preserve and maintain ground water
  table, protect the public health and safety of persons and property against hazards offlood water inundation,
  to limit and control the development of floodprone areas and having taken into account flood plain
  management programs ineffect inneighboring areas, the following Canton Floodplain District Regulations are
  hereby adopted and shall take precedence over any other By-law. The Floodplain District isherein established
  as an overlay district. The District includes all special flood hazard areas designated on the most recent
  version of the Town of Canton Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
  Management Agency ( FEMA) for the administration of the NFIP, as Zone A, AE, AH, AO, A1-30, and A99. The
  exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and
  further defined by the Flood Insurance Study (FIS) report inthe most recent version. The FIRM and FIS report
  are incorporated herein by reference and are on file with the Planning Board, the Conservation Commission,
  the Department of Public Works and the Building Department.

2.9.1.5 Canton Floodplain Districts; Development Regulations.
  1.Where watertight flood proofing of astructure ispermitted, aregistered professional engineer orarchitect
  shall certify to the Building Commissioner that the methods used are adequate to withstand the flood depths,
  pressures and velocities, impact and up-lift forces and other factors associated with the one hundred ( 100)
  year flood level. In all events construction shall conform to the minimum standards of the State Building Code.
  The Building Commissioner shall obtain and permanently maintain the engineers or architects certification of
  compliance with the elevation and flood proofing requirements for new construction or for substantial
  improvements to existing sites.
  2.In Zones A, A1-30, and AE, along watercourses that have not had aregulatory floodway designated, the
  best available Federal, State, local, orother floodway data shall be used toprohibit encroachments in
  floodways which would result inany increase inflood levels within the community during the occurrence of the
  base flood discharge.
  3.In Zones A1-30 and AE, along watercourses that have aregulatory floodway designated on the Canton
  FIRM, encroachments are prohibited inthe regulatory floodway which would result inany increase inflood
  levels within the community during the occurrence ofthe base flood discharge.
3.Eliminate Section 9.1.6 Special Flood Hazard Areasand mark section as “9.1.6.Not used.”

4.In Section 9.1.8,remove items 1-4,and renumber items 5-7to read as follows:

9.1.8 Special Flood Hazard Area; Special Permits.The Board of Appeals may issue
aspecial permit ifitfinds that the use of the lands deemed subject to periodic or seasonal
flooding shall not be used for residential, business, limited industrial or industrial
purposes insuch amanner as to endanger the health, safety, or welfare of any persons or
properties or adversely affect environmental conditions within the Special Flood Hazard
Area. In deciding applications for aspecial permit, but without limiting the generality of
the foregoing, the Board of Appeals shall assure:
    1.That safe vehicular and pedestrian movement to,over, and from the premises isprovided onways having
         aminimum elevation of noless than forty nine (49) feet above said Mean Sea Level; provided however,
         that the Board ofAppeals may by special permit grant an exception tothe requirements of this Section to
         allow such ways tomeet ways existing at the time of the adoption ofthis Section.
    2.That because of the location orelevation ofthe building or filling of the area, there will be nodanger of
         pollution to on site water facilities providing- water for human consumption.
    3.That the methods of drainage are designed inaccordance with accepted engineering practice.

5.In Section 9.1.9,remove item 1,and renumber items 2-4to read as follows:

Section 9.1.9 Special Flood Hazard Areas; Special Requirements.




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    1.Where public sewerage isnot available, no building permit shall beissued until the Board of Health has
      issued apermit under this section approving the proposed sanitary and storm drainage systems or has
      allowed forty-five (45) days to elapse after receipt of the application for aspecial permit.
    2.No occupancy permit shall be issued until the Board of Appeals, the Building Commissioner, the Board of
      Health, the Planning Board and Superintendent of the Public Works Department have received acertified
      plan showing the foundation and floor elevations, grading of the premises, elevations of the completed
      construction and allelevations of the various elements that make upthe sewage disposal system, and that
      all requirements of all permits are satisfied.
    3.Where public sewerage isnot available, the Board of Health and the Board ofAppeals shall consider the
      minimum ground water level inthe Special Flood Hazard Area tobe fifty (50) feet above said Mean Sea
      Level unless data indicates ahigher ground water level.

Comments: These floodplain bylaw changes are required bythe federal government as part ofthe National Flood
Insurance Program changes.

 1)2018 Existingbylaw 9.1.4 (page 94):
9.1.4Federal Flood Plain Districts. In order to reduce flood losses, to preserve and
maintain ground water table, protect the public health and safety of persons and property
against hazards offlood water inundation, to limit and control the development offloodprone
areas and having taken into account flood plain management programs ineffect in
neighboring areas, the following Federal Flood Plain District Regulations are hereby
adopted and shall take precedence over any other By-law. Federal Flood Plain Districts
are hereby established as an overlay district and include those areas designated asZones
A, A1-30 as set forth on the Flood Insurance Rate Map (FIRM), dated 6-4-87 on file with
the Planning Board, theConservation Commission, the Department of Public Works and
the Building Department. Said maps, together with the index, the Town ofCanton Hood
Insurance Study and allexplanatory matters thereon, shall be deemed to bepart of this
By-law and are incorporated herein byreference. The one hundred ( 100) year flood
level isindicated on said Index and Maps asaBase

 1)Change to:
9.1.4 Canton Floodplain Districts. In order to reduce flood losses, to preserve and maintain ground water table,
protect the public health and safety of persons and property against hazards offlood water inundation, to limit and
control the development offloodprone areas and having taken into account flood plain management programs in
effect inneighboring areas, the following Canton Floodplain District Regulationsare hereby adopted and shall take
precedence over any other By-law.The Floodplain District isherein established as an overlay district. TheDistrict
includes all special flood hazard areas designated on the most recent version of the Town of Canton Flood
Insurance Rate Map (FIRM) issued bythe Federal Emergency Management Agency ( FEMA) for the administration of
the NFIP, as Zone A, AE, AH, AO, A1-30, and A99. The exact boundaries of the District may bedefined by the
100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report in
the most recent version. The FIRM and FIS report are incorporated herein by reference and are on file withthe
Planning Board, the Conservation Commission, the Department of Public Works and the Building Department.

2)2018 Existing bylaw 9.1.5 (page 95):

9.1.5 Federal Flood Plain Districts; Special Permit.No permit for any use, including land fill, shall be granted
by the Zoning Board ofAppeals inaFederal Flood Plain District unless the Authority finds that the proposed use,
when combined with all other uses and anticipated uses, will not increase the water surface elevation of the one
hundred ( 100) year flood level more than one foot atany point. Substantial improvements shall be construed to
include among other things repair, construction or alteration costing fifty percent ( 50%)or more ofthe actual cash
value of the structure before improvement or, ifdamaged, before damage occurred.
     1.Where watertight flood proofing ofastructure ispermitted, aregistered professional engineer or architect
         shall certify to the Building Commissioner that the methods used are adequate to withstand the flood
         depths, pressures and velocities, impact and up-lift forces and other factors associated with the one
         hundred ( 100) year flood level. In all events construction shall conform to the minimum standards of the
         State Building Code. The Building Commissioner shall obtain and permanently maintain the engineers or
         architects certification of compliance with the elevation and flood proofing requirements for new
         construction or for substantial improvements to existing sites.



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 2)Change to:

5.9.1.5 Canton FloodplainDistricts; Development Regulations.

1.Where watertight flood proofing ofastructure ispermitted, aregistered professional engineer or architect shall
certify tothe Building Commissioner that the methods used are adequate to withstand the flood depths, pressures
and velocities, impact and up-lift forces and other factors associated with the one hundred ( 100) year flood level.
In all events construction shall conform to the minimum standards of the State Building Code. The Building
Commissioner shall obtain and permanently maintain the engineers or architects certification of compliance with
the elevation and flood proofing requirements for new construction or for substantial improvements toexisting
sites.
2.In Zones A, A1-30, and AE, along watercourses that have not had aregulatory floodwaydesignated, the best
available Federal, State, local, orother floodway data shall be used to prohibit encroachments infloodways which
would result inany increase inflood levels within the community during the occurrence ofthe base flood discharge.
3.In Zones A1-30 and AE, along watercourses that have aregulatory floodway designated on the Canton FIRM,
encroachments are prohibited inthe regulatory floodway which would result inany increase inflood levels within
the community during the occurrence of the base flood discharge.

 3)2018 Existing bylaw 9.1.6 (page 95): 9.1.6 Special Flood Hazard Areas. The Special Flood Hazard Area is
defined asall lands along and sloping tothe Neponset River and the Canton River also known as the East Branch,
theelevation of which land islower than fifty (50) feet above Mean Sea Level based on the Massachusetts Geodetic
Datum of1929. The Special Flood Hazard Area issuperimposed over any other district established by this Zoning
Bylaw.

 3)Change to: 9.1.6.Section not used

 4)2018 ExistingBylaw regarding Special Permits ( page 96):
9.1.8Special Flood Hazard Area; Special Permits. The Board ofAppeals may issue
aspecial permit ifitfinds that the use of the lands deemed subject to periodic or seasonal
flooding shall not be used for residential, business, limited industrial or industrial
purposes insuch amanner as to endanger the health, safety, or welfare of any persons or
properties or adversely affect environmental conditions within the Special Flood Hazard
Area. In deciding applications for aspecial permit, but without limiting the generality of
the foregoing, the Board of Appeals shall assure:
         1.That within the Special Flood Hazard Area the basement floor elevation or the
         lowest floor elevation, ifthere isno basement floor, of any structure, used or to be
         used for adwelling specifically including transient accommodations such as in
         hotels or motels (anything to the contrary inthis by-law notwithstanding), shall be
         at least fifty two (52) feet above said Mean Sea Level.
         2.That all structures be so designed and secured that during flooding.
         3.The foundation would not be undermined.
         4.The structure will not be floated off, battered off or swept away.
         5.That safe vehicular and pedestrian movement to, over, and from the premises isprovided on ways
         having aminimum elevation ofno less than forty nine (49) feet above said Mean Sea Level; provided
         however, that the Board of Appeals may by special permit grant an exception to the requirements of this
         Section to allow such ways to meet ways existing at the time of the adoption of this Section.
         6.That because ofthe location or elevation of the building orfilling ofthe area, there will be nodanger of
         pollution to on site water facilities providing- water for human consumption.
         7.That the methods ofdrainage are designed inaccordance with accepted engineering practice.
  4)Change to:

The MA state building code prohibits construction of basements inthe Special Flood Hazard Area (SFHA-- FEMA
flood zones.) Thus, item #1 above isconfusing, as itappears to allow basements inthe SFHA; even alocal Board
of Appeals cannot overturn this requirement, which would only be allowed under avariance from the StateBuilding
Code Appeals Board. Items #2thru4 are re-phrased sections of the state building code. Our recommendation
is to remove this entire section, struck as below and renumber items 5-7:




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9.1.8Special Flood Hazard Area; Special Permits. The Board ofAppeals may issue
aspecial permit ifitfinds that the use of the lands deemed subject to periodic or seasonal
flooding shall not be used for residential, business, limited industrial or industrial
purposes insuch amanner as to endanger the health, safety, or welfare of any persons or
propertiesor adversely affect environmental conditions within the Special Flood Hazard
Area. In deciding applications for aspecial permit, but without limiting the generality of
the foregoing, the Board of Appeals shall assure:
         1.That within the Special Flood Hazard Area the basement floor elevation or the
         lowest floor elevation, if there isno basement floor, of any structure, used or tobe
         used for adwelling specifically including transient accommodations such as in
         hotels ormotels (anything to the contrary inthis by-law notwithstanding), shall be
         at least fifty two (52) feet above said Mean Sea Level.
         2.That all structures be so designed and secured that during flooding.
         3.The foundation would not be undermined.
         4.The structure will not be floated off, battered off or swept away.
         5.That safe vehicular and pedestrian movement to, over, and from the premises isprovided on ways
         having aminimum elevation ofno less than forty nine (49) feet above said Mean Sea Level; provided
         however, that the Board of Appeals may by special permit grant an exception to the requirements of this
         Section to allow such ways to meet ways existing at the time of the adoption of this Section.
         6.That because of the location or elevation of the building or filling of the area, therewill be no danger of
         pollution to on site water facilities providing- water for human consumption.
         7.That the methods of drainage are designed inaccordance with accepted engineering practice.

5)2018 Existing Bylaws ( page 97):
9.1.9 Special Flood Hazard Areas; Special Requirements.
        1.If any land included inthe Special Flood Hazard Area is found by the Board ofAppeals not infact tobe
        subject to seasonal or periodic flooding, and found infact not to have been flooded during the highest
        flood of record for said land, the Board of Appeals may grant aspecial permit exempting said land from
        the application of this Section.
        2.Where public sewerage isnot available, no building permit shall be issued until the Board of Health has
        issued apermit under this section approving the proposed sanitary and storm drainage systems or has
        allowed forty-five (45) days to elapse after receipt of the application for aspecial permit.
        3.No occupancy permit shall be issued until the Board of Appeals, the Building Commissioner, the Board
        of Health, the Planning Board and Superintendent ofthe Public Works Department have received a
        certified plan showing the foundation and floor elevations, grading ofthe premises, elevations of the
        completed construction and all elevations of the various elements that make up the sewage disposal
        system, and that all requirements of all permits are satisfied.
        4.Where public sewerage isnot available, the Board ofHealth and the Board of Appeals shall consider the
        minimum ground water level inthe Special Flood Hazard Area tobe fifty (50) feet above said Mean Sea
        Level unless data indicates ahigher ground water level.

 5)Change to:
The community cannot exempt any part ofthe regulations that apply tothe FEMA mapped flood zones ontheir
current effective map panels. This can only be done when technical data issupplied to FEMA and approved by
FEMA as showing that the mapped floodplain has been inaccurately mapped. FEMA would then supply approval
through the Letter of Map Change process ( e.g.Letter of Map revision.)

9.1.9 Special Flood Hazard Areas; Special Requirements.
        1.If any land included inthe Special Flood Hazard Area is found by the Board ofAppeals not infact tobe
        subject to seasonal or periodic flooding, and found infact not to have been flooded during the highest
        flood of record for said land, the Board of Appeals may grant aspecial permit exempting said land from
        the application of this Section.
        2.Where public sewerage isnot available, no building permit shall be issued until the Board of Health has
        issued apermit under this section approving the proposed sanitary and storm drainage systems or has
        allowed forty-five (45) days to elapse after receipt of the application for aspecial permit.
        3.No occupancy permit shall be issued until the Board of Appeals, the Building Commissioner, the Board
        of Health, the Planning Board and Superintendent ofthe Public Works Department have received a
        certified plan showing the foundation and floor elevations, grading of thepremises, elevations of the



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       completed construction and all elevations of the various elements that make up the sewage disposal
       system, and that all requirements of all permits are satisfied.
       4.Where public sewerage isnot available, the Board of Health and the Board of Appeals shall consider the
       minimum ground water level inthe Special Flood Hazard Area to be fifty (50) feet above said Mean Sea
       Level unless data indicates ahigher ground water level.
Board of Selectmen for the Planning Board

PLANNING BOARD MOTION:

MOVED, thatZoning By-law Sections 9.1.4,9.1.5, 9.1.6, 9.1.8,and 9.1.9 of the Flood Plain Overlay
District,be amendedas follows:

1. 9.1.4 Canton Floodplain Districts. In order to reduce flood losses, to preserve and maintain ground
watertable, protect the public health and safety of persons and property against hazards of flood
water inundation, to limit and control the development of floodprone areas and having taken into
account flood plain management programs in effect in neighboring areas, the following Canton
Floodplain District Regulations are hereby adopted and shall take precedence over any other By-law.
The Floodplain District is herein established as an overlay district.The District includes all special flood
hazard areas designated on the most recentversion of the Town of Canton Flood Insurance Rate Map
 FIRM) issued by the Federal Emergency
ManagementAgency( FEMA) fortheadministrationoftheNFIP, asZoneA, AE,AH,AO,A1-
30,andA99. The exact boundaries of the District may be defined by the 100-year base flood elevations
shown on the FIRM and further defined by the Flood Insurance Study (FIS) report in the most recent
version. The FIRM and FIS report are incorporated herein by reference and are on file with the Planning
Board, the Conservation Commission, the Department of Public Works and the BuildingDepartment.

2.    9.1.5 Canton Floodplain Districts; DevelopmentRegulations.
         1. Where watertight flood proofing of a structure is permitted, a registered professional
engineer or architect shall certify to the Building Commissioner that the methods used are adequate to
withstand the flood depths, pressures and velocities, impact and up-lift forces and other factors
associated with the one hundred ( 100) year flood level. In all events construction shall conform to the
minimum standards of the State Building Code. The Building Commissioner shall obtain and
permanently maintain the engineers or architects certification of compliance with the elevation and
flood proofing requirements for new construction or for substantial improvements to existingsites.
         2. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway
designated, thebest available Federal, State, local, or other floodway data shall be used to prohibit
encroachments
infloodwayswhichwouldresultinanyincreaseinfloodlevelswithinthecommunityduringtheoccurre
nceofthe base flooddischarge.
         3. In Zones A1-30 and AE, along watercourses that have a regulatory floodwaydesignated on
theCantonFIRM, encroachmentsareprohibitedintheregulatoryfloodwaywhichwouldresultinanyincr
easeinflood levels within the community during the occurrence ofthe base flood discharge.
         3. EliminateSection9. 1.6SpecialFloodHazardAreas andmarksectionas“ 9.1.6.Notused.”

        4.   In Section 9.1.8, remove items 1-4, and renumber items 5-7 to read asfollows:

9.1.8 Special Flood Hazard Area; Special Permits. The Board of Appeals mayissue
a special permit if it finds that the use of the lands deemed subject to periodic or seasonal flooding
shall not be used for residential, business, limited industrial or industrialpurposes in such a manner as
to endanger the health, safety, or welfare of any persons or properties or adversely affect
environmental conditions within the Special Flood Hazard Area. In deciding applications for a special
permit, but without limiting the generality of the foregoing, the Board of Appeals shallassure:
        1.      That safe vehicular and pedestrian movement to, over, and from the premises is
provided on ways havinga minimum elevation of no less than forty nine (49) feet above said Mean Sea
Level; provided however, that the Board of Appeals may by special permit grant an exception to the
requirementsof this Section toallow such ways to meet ways existing at the time of the adoption of
this Section.
        2.      That because of the location or elevation of the building or filling of the area, there will
be no danger of pollution to on site water facilities providing- water for humanconsumption.
        3.     Thatthemethodsofdrainagearedesignedinaccordancewithacceptedengineeringpr
actice.

        5. In Section 9.1.9,remove item 1,and renumber items 2-4 to read asfollows:

Section 9.1.9 Special Flood Hazard Areas; Special Requirements.



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        1.     Where public sewerage is not available, no building permit shall be issued until the
Board of Health has issued apermit under this section approving the proposed sanitary and storm
drainage systems or has allowed forty-five (45) days to elapse after receipt of the application fora
special permit.
        2.     No occupancy permit shall be issued until the Board of Appeals, the Building
Commissioner, the Board of Health, the Planning Board and Superintendent of the Public Works
Department have received a certified plan showing the foundation and floor elevations, grading of the
premises, elevations of the completed construction and all elevations of the various elements that
make up the sewage disposal system, and that all requirements of all permits aresatisfied.
        3.     Where public sewerage is not available, the Board of Health and the Board of Appeals
shall consider the minimum ground water level in the Special Flood Hazard Area to be fifty (50) feet
above said Mean Sea Level unless data indicates a higher ground water level.


                                    PLANNING BOARD VOTE:               5-0



FINANCE COMMITTEE RECOMMENDATION:
MOVED:        The Finance Committee recommends that the motion presented by the Planning Board
to Town Meeting for Article 52 as written in the warrant be adopted.


                                    FINANCE COMMITTEE VOTE:          7-0-0


                                                         th
PLANNING BOARD DISCUSSION:                 On February 19,  the Planning Board discussed the proposed article to
amend Section 9.1 Flood Plain Overlay District (FPOD). These floodplain bylaw changes are required by the federal
government as part of the National Flood Insurance Program changes.


FINANCE COMMITTEE DISCUSSION:             This Article amends the Flood Plain Overlay District to reflect updated
FEMA maps and FEMA requirements. These changes are necessary toensure that eligibility for Federal flood
insurance isnot jeopardized. The Finance Committee voted to support this article.




                            APPROVED__________        DISAPPROVED__________




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                                                    ARTICLE 53

AMEND ADDITIONAL 43D PRIORITY DEVELOPMENT SITES
Article53To see if the Town will vote to accept the provisions of c.43D, Sections 1 through 16, of the General
Laws and to designate the following parcel of land as a "Priority Development Site" in the Town of Canton for
expedited municipal permitting within the meaning of G.L.Chapter 43D, and to approve the filing of an application
with the Commonwealth of Massachusetts Interagency Permitting Board for designation of such parcel as aPriority
Development Site:

    1.Assessors Map 59 Parcel 151

Said listed owner being Stoneridge Inc. 300 Dan Road;
and that the Board ofSelectmen be hereby authorized to implement the following within 120 days of the
acceptance of Chapter 43D with respect to the above mentioned Priority Development Site, or to take any other
action related thereto:

 a)appoint asingle point of contact toserve as the primary municipal liaison for allissues relating to Chapter 43D
inconnection with said Priority Development Site;

b)amend rules and regulations, with the assistance of various permitting boards, on permit issuance to conform
with Chapter 43D with respect to the foregoing Priority Development Site;

 c)along with the Town'spermitting boards, collect and ensure the availability of all governing statutes, local
bylaws, regulations, procedures and protocols pertaining to each permit;

 d)establish aprocedure whereby the Board of Selectmen shall determine all permits, reviews and pre-
development review required for aPriority Development Site project, all required scoping sessions, public comment
periods and public hearings and all additional specific applications and supplemental information required for
review, including when applicable, the identification of potential conflicts ofjurisdiction or substantive standards
with abutting municipalities and aprocedure for notifying the applicant; and

 e)establish aprocedure, following notification of the required submissions for review as set forth in clause (d)
above, for determining if allthe materials required for the review of the Priority Development project have been
completed;
orto take any other action related thereto.
Board of Selectmen for Economic Development Committee

MOVED:           That the subject matter of Article 53 be indefinitely postponed.


                                     FINANCE COMMITTEE VOTE:            7-0-0


DISCUSSION: The Finance Committee recommends that this article be indefinitely postponed due to some
specific details not being made available to the Economic Development Committee by those seeking the 43D
status, which prevented that committee from taking aposition on this article at this time. This article would
designate the property at 300 Dan Road as a “Priority Development Site” under the conditions of Massachusetts
General Law Chapter 43D. The primary goal of this measurewould be tofast-track and streamline the permitting
process to encourage redevelopment ofthis significantly sized site through expedited permitting decisions by the
various town boards and commissions that regulate those matters.



                             APPROVED__________         DISAPPROVED__________




                                                         98-

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ANNUAL TOWN MEETING - JUNE22,2020




                                                 ARTICLE 54

APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR ( FY21)
Article 54 To see what sums of money the Town will vote to raise and appropriate, transfer from Free Cash,
transfer from any available funds or borrow pursuant to any applicable statute to meet the expenses of the next
fiscal year starting July 1,2020 and ending June 30, 2021 for the various Town Boards, Committees, Departments
and Agencies, or to take any other action related thereto.
Board of Selectmen

Article 54–MOTION 1
MOVED:          That the following sums of money be transferred to the General Fund in Fiscal Year
2021 in order to fund the Town’sannual operating budget:


                                         VotetoTransfer Available Funds
                    WITHAVOTETHAT $2,659,918BETRANSFERREDASFOLLOWS:

                              TRANSFER FROMAMOUNTPURPOSE

                    AMBULANCESERVICE        $  900,000FIRE DEPARTMENT
                    WATERENTERPRISEFUND        632,564FIXED COSTS
                    SEWERENTERPRISEFUND        378,855FIXED COSTS
                    SOLARFACILITY465,521TOWN-WIDEELECTRICITY
                    AMBULANCE SERVICE          160,740DEBT SERVICE
                     SCHOOL FOODSERVICE0
                    GREENLODGE STREETPARKINGFEES70,000EXECUTIVE OFFICE
                    OVERLAY SURPLUS27,500REVALUATION COSTS
                    SALEOFLOTS/GRAVES10,000CEMETERY MAINTENANCE
                    BONDPREMIUM FUND9,278DEBTSERVICE
                    RINKENTERPRISEFUND          5,460FIXED COSTS

                     TOTAL$                                 2,659,918




                                   FINANCE COMMITTEE VOTE:          8-0-0

Article 54–MOTION 1
DISCUSSION: This isaprocedural motion to transfer funds from various sources to partially fund the general
operating budget.

                           APPROVED__________        DISAPPROVED__________




Article 54–MOTION 2
MOVE:           That the following sums of moneybe raised and appropriated from the FY 2021 tax
levy and other general revenues of the Town along with revenue sources listed in Motion 1.



Article 54–MOTION 2
DISCUSSION: Please see the Finance Committee Report to the Town of Canton for ATM 2020 at the front of this
warrant for adiscussion of the FY 2021 operating budget.


                           APPROVED__________        DISAPPROVED__________



                                                      99-

Source page 103

ANNUALTOWNMEETING - JUNE22,2020



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Source page 112

ANNUALTOWNMEETING - JUNE22,2020
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                                                                                      109 -

Source page 113

ANNUAL TOWN MEETING - JUNE22,2020



                  MUNICIPAL CAPITAL REQUESTS FOR FISCAL 2021 THRU 2025 (000'S)
                                                 FY21 -FY25
  DEPARTMENTDESCRIPTIONFY 21FY 22FY 23FY 24FY 25Totals

    BuildingVehicle Replacement----                                               4040

  ConservationVehicle Purchase-                                   42---                   42

 Council onAgingEmergency Generator--                                 57--                57
 Council onAgingVehicle Purchase-                                 26---                   26

  Finance/MISServer Replacement-     6---        6
  Finance/MISSoftware Upgrade16140-       50100351
  Finance/MISComputers/Peripherals--   20699125
  Finance/MISCopier Replacements-    818--       26

     FireFire Records & Dispatch Software62----                                            62
     FireTurnout Gear202020--                                                              60
     FireOther Equipment-                     616075-                                     196
     FireVehicle Replacements60-                9050-                                     200

    LibrarySecurity Cameras-                                      55---                    55
    LibraryExtraordinary Maintenance-                             1715--                   32
    LibraryWorkstations/ Other Peripheral Equipment--                 40--                 40
    LibraryPainting & Carpeting--                                     10--                 10
    LibraryBuilding Systems Replacement-                          25---                    25
    LibraryPaving Resurfacing--                                      100--                100

Parks & RecreationEquipment Purchase-                             114-          2518157
Parks & RecreationVehicle Replacements41-                                43--         84

    PolicePolice Cruiser Replacements130160160160160770
    PoliceBullet Resistant Vests18555538
    PoliceEquipment Replacements-     69---            69

Property MaintenanceRoof Repairs35----                      35
Property MaintenanceBuilding Repairs-             2020202080
Property MaintenanceExtraordinary Maintenance-    12---     12
Property MaintenanceInterior & Exterior Painting- 30---     30
Property MaintenanceVehicle Replacements7345---            118

  Public WorksIntersection Modifications50-                           35--          85
  Public WorksVehicle Replacements-                               48130-       48226
  Public WorksHeavy Duty Vehicle Replacements--                          340457797
  Public WorksTechnology Upgrades-                                4030--            70
  Public WorksEquipment Replacements-                             18-      9-       27
  Public WorksDam Inspections--                                       24--          24
  Public WorksEngineering Evaluation ofDams---                            260-     260
  Public WorksDedham Street Utility Easement--                        65--          65

                Total Municipal Cash Capital Requests6508619421, 0009474,400

                Available Cash Capital7508008501, 0001,0004,400

                Requests over (under) available(           100)   6192-(           53)-




                                                        110-

Source page 114

ANNUAL TOWN MEETING - JUNE22,2020


           MUNICIPAL CAPITAL REQUESTS FORFISCAL 2021THRU 2025 (000'S) c( ont'd.)
                                               FY21 -FY25
DEPARTMENTDESCRIPTIONFY 21FY 22FY 23FY 24FY 25Totals

  FireFire Engine Refurbishment--                                        240--                     240
  FireReplace Ladder 1------
  FirePortable/Mobile Radios-                                       200---                         200
  FireThermal Imaging Cameras--                                          105--                     105

Public WorksIntersection Improvements500----                                                       500
Public WorksRoad Improvements------
Public WorksBridge Repairs-                      400---                                            400
Public WorksHeavy Duty Vehicle Replacements191--            615-                                   806
Public WorksLoader Mounted Snow Blower--              140--                                        140
Public WorksCemetery Garage------
Public WorksAsset Management Software------
Public WorksTownwide Traffic Study------
Public WorksDowntown Streetscape------
Public WorksDrainage Repairs/Culverts-           250---                                      250
Public WorksStormwater BMP----                                                           400400

            Total Municipal Debt Capital Requests6918504856154003, 041

            Available Debt Capital2413702369901, 2043,041

            Requests over (under) available450480249(                            375)(   804)-

AmbulanceAmbulance Replacements--                                       370-             370740
AmbulanceEMS Supervisor Vehicle-                                     45---                    45
AmbulanceEquipment Replacements-                                     3025--                   55

             TotalAmbulance Requests (Cash Reserves)-                75395-              370840

AmbulanceAmbulance Replacements430----                                                             430

             TotalAmbulance Requests (Debt Capital)            430----                             430


  RinkEquipment Purchase17----                                                                     17

             Total Rink Enterprise Requests (Cash Reserves)     17----                             17


 SewerVehicle Replacements14----                                                                   14

             Total Sewer Enterprise Requests (Cash Reserves)    14----                             14

 SewerSewer Inflow & Infiltration Projects-                         9451,3051,1651403,555
 SewerSewer System Extension----                                                34,85034,850

             Total Sewer Enterprise Requests (Debt Capital)-        9451,3051,16534,99038,405


 WaterVehicle Replacements57----                                                                   57
 WaterEquipment Replacements9----                                                                   9

             Total Water Enterprise Requests (Cash Reserves)    66----                             66

 WaterWater System Improvements8, 3124,3242,6001,700-                                            16,936

             TotalWater Enterprise Requests (Debt Capital)     8,
                                                                3124,3242,6001,700-              16,936




                                                       111-

Source page 115

ANNUAL TOWN MEETING - JUNE22,2020

                         SCHOOL CAPITAL REQUESTS FOR FISCAL 2021 THRU 2025 (000'S)
                                                                                       FY21 -FY25
      DEPARTMENTDESCRIPTIONFY                                   21FY 22FY 23FY 24FY 25Totals

CASH CAPITAL
    Building RepairsBuilding                          Improvements39100100165163567
    Building RepairsFitness Center Floor Replacement-                6--       612
    Building RepairsDoor Locks & Window Coverings3030303030150
    Building RepairsFloor Tile Replacement1330301516104
    Building RepairsGarage Door Replacement--                           9--          9
    Building RepairsMaster Plan Recommendations-                    1122133403501, 015
    Building RepairsVoIP & Camera Switches Replacements22----                        22
    Building RepairsSecurity                               Upgrades152020202095

                         Total Building                      Repairs1192984025705851,                 974

       TechnologyChromebook                   Replacements117100100225225767
       TechnologyDocument                       Cameras5----                  5
       TechnologyStaff                  Desktop Upgrade202020--               60
       TechnologyPortable            Teacher Learning Devices8680---         166
       TechnologyPrinter                   Replacements20----                 20
       TechnologyTechnology - all schools---                         150200350
       TechnologyWireless Access Points-                       1515202070

                         Total Technology2482151353954451,                                        438

  Program ImprovementsClassroom                               Libraries362727--                 90
  Program ImprovementsBook                                   Rooms181818--                      54
  Program ImprovementsLiteracy                             Instruction303030--                  90
  Program ImprovementsLiteracy                            Assessment121212--                    36
  Program ImprovementsMusical                              Instruments20151515-                 65
  Program ImprovementsPublic Address System Replacement--                   75--                75
  Program ImprovementsAuditorium                    Equipment Upgrade39----                     39
  Program ImprovementsVolleyball                          Standards13----                       13
  Program ImprovementsVisual                          Arts Cameras20----                        20
  Program ImprovementsVisual Arts Display Cases----                                           66
                         Total Program Improvements188102177156488

Furniture, Fixtures & EquipmentCustodial      Equipment2020202020100
Furniture, Fixtures & EquipmentCafeteria    Tables1920---            39
Furniture, Fixtures & EquipmentKitchen Work Tables6----              6
                         Total Furniture, Fixtures & Equipment4540202020145


 Extraordinary MaintenanceSidewalk Repairs--                                       10--                10
 Extraordinary MaintenanceReplace Granite Curbing-                             45---                   45

                          Total Extraordinary Maintenance-                     4510--                  55


        VehiclesBus Replacements-                                          100200--                    300

                          Total Vehicles-                                  100200--                    300


                         Total Cash Capital Requests6008009441,                      0001,0564,400

                         Available                   Capital7508008501,          0001,0004,400

                          Requests over (under) available(             150)-      94-        56-

DEBT CAPITAL


Building Repairs/ ImprovementsRoof Top Unit Replacement180----                                     180
Building Repairs/ImprovementsBrick Repointing---                                           275200475
Building Repairs/ImprovementsMemorial Field Bleacher & Pressbox Replacement1, 000----             1,000
Building Repairs/ImprovementsHVAC Replacements-                                    250250-    270770
Building Repairs/ImprovementsRoof Replacements ( assumes 40% MSBA grant)-           750---         750


                         Total Debt Capital Requests1, 1801,0002502754703, 175

                         Available                   Capital1, 1002002503751,             2503,175

                         Requests over (under) available80800-(                         100)( 780)-




                                                               112-

Source page 116

ANNUAL TOWN MEETING - JUNE22,2020




NOTES:




                         113-

Source page 117

SPECIALTOWNMEETING- JUNE22,2020



                                          Town of Canton
                                    Commonwealth of Massachusetts




Norfolk, ss

TotheConstables oftheTown ofCanton,

Greetings:
Inthename oftheCommonwealth ofMassachusetts you are hereby required tonotify and warn theinhabitants of
the Town ofCanton tomeet atMorse Auditorium, onthe grounds ofthe Canton High School, 900 Washington
Street insaid town on;


                                       SPECIAL TOWN MEETING
                                   MONDAY, THE TWENTY SECOND DAY
                                            OF JUNE 2020

Atseven-o’clock (7:00P.M.)inthe evening atwhich time and place the following articles are tobeacted upon:


                                                 ARTICLE 1

ADOPT THE RULES TO GOVERN SPECIAL TOWN MEETING

Article 1 Tosee ifthe town will vote to adopt certain procedures to govern the conduct ofthe 2020 Special Town
Meeting, or totake any other action related thereto.
Board of Selectmen

MOVED:          That this 2020 Special Town Meeting shall meet on Monday, June 22, 2020 and if
necessary on Wednesday, June 24, 2020 in the Morse Auditorium, on the grounds of the Canton High
School until the business of this Special Town Meeting has been concluded, each such session tobegin
at 7:00 o’clock P.M. and to adjourn at 11:00 o’clock P.M., or as near that hour as may be feasible,
according to the nature of business pending atthe said hour.


                                  FINANCE COMMITTEE VOTE: 8-0-0


DISCUSSION: The Finance Committee recommends adoption ofthis motion asitformalizes procedures that
have been followed by Special Town Meetings inthepast.


                           APPROVED__________ DISAPPROVED__________




                                                      114-

Source page 118

SPECIAL TOWN MEETING - JUNE22,2020


                                                    ARTICLE 2

STORMWATER MANAGEMENT
Article 2 To see ifthe town will vote toadopt the following new Canton General Bylaw entitled Stormwater
Management and upon approval of this new Bylaw by the Attorney General of the Commonwealth, toreplace, with
this new General Bylaw, and otherwise torepeal existing Canton General Bylaw “Soil Erosion and Sediment control”
 Bylaw Article XX) and Canton General Bylaw “Stormwater Bylaw” (Bylaw Article XXI), as follows:

BYLAW ARTICLE XX

STORMWATER MANAGEMENT

1.        PURPOSE AND OBJECTIVE

A.         The purpose of this bylaw isto protect public health, safety, general welfare, and environment by
controlling the adverse effects of construction site stormwater runoff and post-construction runoff from new
development and redevelopment. The construction phase and post-development impacts ofstormwater runoff
quantity and quality can adversely affect public safety, public and private property, surface water drinking water
supplies, groundwater drinking water supplies, recreation, aquatic habitats, fish and other aquatic life, property
values, and other uses oflands and waters.

B.        The objectives of this bylaw are to:

1.        Protect water resources;

2.        Comply with state and federal statutes and regulations relating to stormwater discharges;

3.        Prevent and reduce pollutants from entering the Canton’smunicipal separate storm sewer system
 MS4);

4.         Establish minimum construction and post construction stormwater management standards and design
criteria for the regulation and control of stormwater runoff quantity and quality;

5.        Require the use of nonstructural stormwater management, stormwater better site design practices or
 low-impact development practices”, such asreducing impervious cover and the preservation ofgreenspace and
other natural areas, unless infeasible

6.         Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater
control facilities and nonstructural stormwater best management practices to ensure that they continue to function
as designed are maintained;

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

8.         Ensure that there isan adequate funding mechanism, including surety, for the proper reviewof
applications, inspection of projects, and assurance of the long-term maintenance of stormwater facilities
implemented aspart ofthis Bylaw;

9.        Recognize Canton’slegal authority toensure compliance with the provisions of this bylaw through
inspection, monitoring, and enforcement.

10.       Require, through issuance of aStormwater Management Permit, and through an inspection program
described inthe Stormwater Regulations, the proper management of construction phase soil erosion and sediment
control to minimize or eliminate erosion and maintain sediment on site so that itisnot transported instormwater
and allowed to discharge to awater ofthe U.S through Canton’sdrainage system, as required by the Town of
Canton’sSmall Municipal Separate Storm Sewer System ( MS4) Permit issued bythe United States Environmental
Protection Administration ( EPA).




                                                         115-

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SPECIAL TOWN MEETING - JUNE22,2020

2.        APPLICABILITY

A.         No person may undertake aconstruction activity or land disturbance, including clearing, grading,
excavation or redevelopment that will disturb oralter equal to or greater than 20,000 square feet without a
Stormwater Management Permit approved by amajority of the Stormwater Authority members or as otherwise
provided inthis Bylaw. Any person that failsto follow the requirements of aStormwater Management Permit and
the related Erosion Control Plan, and Operations and Maintenance Plan, shall be inviolation of this Bylaw.

1.          This Bylaw shall be applicable to allnew development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, grading applications, land use conversion applications, any activity
that will result inan increased amount of stormwater runoff orpollutants flowing from aparcel ofland, or any
activity that will alter the drainage characteristics ofaparcel ofland, unless exempt pursuant to Section 2.C of this
Bylaw. All new development and redevelopment under the jurisdiction ofthis Bylaw as prescribed inthis Bylaw
shall be required to obtain aStormwater Management Permit.

2.        The holder of aStormwater Management Permit must employ sediment and erosion control at the
permitted construction site inaccordance with an Erosion Control Plan approved by the Stormwater Authority. The
Erosion Control Plan must be prepared inaccordance with the Canton Stormwater Regulations and the
 Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas”, May 2003 (or as
modified).

B.          Hotspots - An alteration, redevelopment, or conversion of land use to ahotspot such as, without
limitation: auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high
intensity use, road salt storage areas, commercial nurseries and landscaping businesses, outdoor storage and
loading areas of hazardous substances, shall require aStormwater Management Permit.



C.      Exemptions – The following activities are exempt from the requirement toobtain aStormwater
Management Permit:

1.         Any activity that will alter an area less than 20,000 square feet, with the exception of any projects which
file for aStormwater Management Permit between the effective date ofthis Bylaw and prior to August 30, 2020,
for which the threshold will be 5,000 square feet ofdisturbance or less than 25%of acontiguous property,
whichever isless. This exception may not be applied for contiguous properties held incommon ownership at the
time of adoption ofthis Bylaw that may have been previously subdivided and/orare attributed to multiple separate
owners.

2.        Normal maintenance and improvement of land inagricultural use as defined bythe Wetlands Protection
Act.

3.        Maintenance ofexisting landscaping, gardens or lawn areas associated with asingle family dwelling.

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

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

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

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

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

D.         Nothing inthis Bylaw isintended toreplace the requirements of the Town of Canton Zoning Bylaw, Flood
Plain Overlay District, the Town of Canton Wetlands Protection Bylaw, the Consolidated Drainage Bylaw orany
other Bylaw that may beadopted by the Town of Canton. Any activity subject to the provisions ofthe above cited



                                                           116-

Source page 120

SPECIAL TOWN MEETING - JUNE22,2020

Bylaws must comply with the specifications of each. Nothing inthis Bylaw isintended to replace the requirements
of construction site operators to comply with the terms and conditions of EPA’s ConstructionGeneral Permit.

3.        AUTHORITY

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

4.        ADMINISTRATION



A.       The Conservation Commission or its authorized Agent(s)shall administer, implement and enforce this
Bylaw. Any powers granted to orduties imposed upon the Commission may be delegated inwriting by the
Commission to its employees or agents.

B.         Stormwater Regulations. The Conservation Commission may adopt, and periodically amend, rules and
regulations relating to the terms, conditions, definitions, enforcement ( including sanctions for violation), fees
 including application, inspection, and/orconsultant fees), procedures and administration of this Stormwater
Management Bylaw by majority vote ofthe Commission after conducting apublic hearing to receive comments on
any proposed revisions. Such hearing dates shall be advertised inanewspaper of general local circulation, atleast
seven (7)days prior to the hearing date. After public notice and public hearing, the Commission may promulgate
rules and regulations toeffectuate the purposes of this Bylaw. Failure bythe Commission to promulgate such rules
and regulations or alegal declaration of their invalidity by acourt shall not act to suspend or invalidate the effect of
this Bylaw. As revisions to this Bylaw may precede updates to the Stormwater Regulations, incase of conflict, this
Bylaw shall govern and the Conservation Commission and its Agent may waive provisions ofthe Stormwater
Regulations which are inconflict with this Bylaw. Applicants should consult with the Conservation Agent.

C.          Massachusetts Stormwater Handbook. The Conservation Commission, at aminimum, may utilize the
policy, criteria and information including specifications and standards of the latest edition ofthe Massachusetts
Stormwater Handbook for execution of the provisions ofthis Bylaw.This Handbook includes alist ofacceptable
stormwater treatment practices, including the specific design criteria for each stormwater practice. The Handbook
may be updated and expanded periodically, based on improvements inengineering, science, monitoring, and local
maintenance experience. Unless specifically altered inthe Stormwater Regulations, stormwater management
practices that are designed, constructed, and maintained inaccordance withthe Handbook will be presumed to be
protective of Massachusetts water quality standards.

D.        Stormwater Management Permit. The Conservation Commission shall have the authority to adopt rules
and regulations further defining theStormwater Management Permit (SMP) for projects as described in section
2.A.

E.        Actions by the Conservation Commission. The Conservation Commission may take any of the following
actions as aresult ofan application for aStormwater Management Permit as more specifically defined as part of
Stormwater Regulations promulgated pursuant to this Bylaw:Approval, Approval with Conditions, Denial, or Denial
without Prejudice.

F.         Appeals of Action by the Conservation Commission. Adecision of the Conservation Commission shall be
final. Further relief ofadecision bythe Conservation Commission made under this Bylaw shall beappealed toa
court of competent jurisdiction.



G.        Stormwater Utility. The Board of Selectman may adopt, pursuant toany applicable law or Bylaw, a
Stormwater Utility pursuant to M.G.L. Chapter 83 Section 16 and Chapter 40 Section 1A. The Board of Selectman
shall administer, implement, and enforce this Utility. Failure by the Canton Board ofSelectman to promulgate such
aStormwater Utility through its Regulations or alegal declaration of its invalidity by acourt shall not act to
suspend or invalidate the effect of the other provisions of this Bylaw.




                                                          117-