Canton, Massachusetts · Saved source text
Canton Town Meeting — 2020 ATM / STM
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H. Stormwater Credit System. The Canton Conservation Commission may adopt, through the Regulations
authorized by this Stormwater Management Bylaw, aStormwater Credit System. This credit system will allow
applicants the option, ifapproved bythe Commission, totake credit for the use of stormwater low impact design
practices to reduce some ofthe requirements specified inthe criteria section of the Regulations. Failure by the
Commission to promulgate such acredit system through its Regulations or alegal declaration of the invalidity of
the credit system by acourt shall not act to suspend or invalidate the effect of the other provisions of this Bylaw.
5. PROCEDURES
Permit Procedures and Requirements shall be defined and included as part of any rules and regulations
promulgated as permitted under Section 4.B. of this Bylaw. As revisions tothisBylaw may precede updates to the
Stormwater Regulations, incase of conflict, this Bylaw shall govern and the Conservation Commission and its Agent
may waive provisions of the Stormwater Regulations which are inconflict with this Bylaw. Applicants shouldconsult
with the Conservation Agent.
6. ENFORCEMENT
The Conservation Commission, or an authorized agent of the Conservation Commission shall enforce this Bylaw,
regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for
such violations. Enforcement shall be further defined and included aspart ofany Stormwater regulations
promulgated as permitted under Section 4.B. of this Bylaw.
7. COORDINATION WITH OTHER TOWN DEPARTMENTS
Any person filing apermit application with the Conservation Commission shall submit acopy thereof at the same
time, by email, certified mail, orhand delivery, to the BoardofSelectmen, PlanningBoard, DPW Engineering
Department, BoardofAppeals, BoardofHealth, and the Building Inspector. The person filing such application
shall at the same time submit to the Conservation Commission awritten notice that these copies have been
submitted to these other departments. The Conservation Commission shall not take final action onan application
until such boards and officials have had fourteen calendar days from their receipt to submit written comments, if
any, to the Conservation Commission. The applicant shall have the right to receive such written comments, ifany,
and to respond to them, ifdesired, prior to final action.
8. DEFINITIONS
The following definitions shall apply inthe interpretation and implementation of this Bylaw.Additional definitions
may be adopted by separate regulation:
A. ALTER: Any activity which will measurably change the ability of aground surface area toabsorb water or
will change existing surface drainage patterns. Alter may be similarly represented as “alteration ofdrainage
characteristics,” and “conducting land disturbing activities.”
B. BEST MANAGEMENT PRACTICE ( BMP): Structural, non-structural and managerial techniques that are
recognized to bethe most effective and practical means to prevent and/orreduce increases instormwater volumes
and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of
the environment. “ Structural” BMPs are devices that are engineered and constructed to provide temporary storage
and treatment of stormwater runoff. “Nonstructural” BMPs use natural measures to reduce pollution levels, do not
require extensive construction efforts (e.g.policies or procedures such as enhanced street sweeping), and/or
promote pollutant reduction by eliminating the pollutant source.
C. EROSION AND SEDIMENT CONTROL PLAN: Adocument containing narrative, drawings, and details
developed by aqualified professional engineer ( PE) or aCertified Professional inErosion and Sediment Control
CPESC) which includes best managementpractices or equivalent measures designed to control surface runoff,
erosion and sedimentation during pre-construction and construction related land disturbing activities inaccordance
with requirements of this bylaw.
D. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice,
gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
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E. GRADING: Changing the level or shape of the ground surface.
F. HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as auto salvage yards,
auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas,
commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances, or marinas.
G. LAND-DISTURBING ACTIVITY ( also referred to as LAND DISTURBANCE, DISTURBANCE OF LAND and
LAND ALTERATION): Any activity that causes achange inthe position or location of soil, sand, rock, gravel, or
similar earth material; results inan increased amount ofrunoff or pollutants; measurably changes the ability of a
ground surface toabsorb waters, involves clearing ( ofsoil, trees or vegetation) and grading, and/or results inan
alteration of drainage characteristics.
H. LOW IMPACT DESIGN ( formerly Better Site Design): Site design approaches and techniques that can
reduce asite’simpact on the watershed through the use of nonstructural stormwater management practices. Also
known asenvironmentally sensitive design, low impact design includes conserving and protecting natural areas and
greenspace, reducing impervious cover, and using natural features for stormwater management.
I. MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The Standards issued bythe
Massachusetts Department of Environmental Protection, as further defined inthe Massachusetts Stormwater
Handbook, as amended, that coordinates the requirements prescribed bystate regulations promulgated under the
authority ofthe Massachusetts Wetlands Protection Act G.L.c.131 § 40 and Massachusetts Clean Waters Act G.L.
c.21, §.23-56. The Standards address stormwater impacts through implementation ofperformance standards to
reduce or prevent pollutants from reaching water bodies and control the quantity ofrunoff from asite.
J. MS4 MUNICIPAL SEPARATE STORM SEWER SYSTEM ( MS4) or MUNICIPAL STORM DRAIN SYSTEM: The
system ofconveyances designed or used for collecting or conveying stormwater, including any road with adrainage
system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention ordetention basin, natural or
man-made oraltered drainage channel, reservoir, and other drainage structure that together comprise the storm
drainage system owned or operated by the Town of Canton.
K. NEW DEVELOPMENT: Any construction or land disturbance of aparcel of land that iscurrently ina
natural vegetated state and does not contain alteration by man-made activities
L. NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or snowmelt
moving over and through the ground. As the runoff moves, itpicks up and carries away natural and human-made
pollutants, finally depositing them into water resource areas.
M. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) STORMWATER DISCHARGE PERMIT:
Apermit issued byUnited States Environmental Protection Agency or jointly with the Commonwealth of
Massachusetts thatauthorizes the discharge of pollutants to waters of the United States.
N. OPERATION AND MAINTENANCE PLAN:Aplan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance ofastormwater management system to insure that it
continues to function as designed.
O. PERSON: Any individual, group of individuals, association, partnership, corporation, company, business
organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to Town
Bylaws, administrative agency, public or quasi-public corporation or body, the Town of Canton and any other legal
entity, itslegal representatives, agents, or assigns.
P. POLLUTANT: Any element orproperty of sewage, agricultural, industrial or commercial waste, runoff,
leachate, heated effluent, orother matter, whether originating at apoint or nonpoint source, that isor may be
introduced into any sewage treatment works, watercourse, or Waters of the Commonwealth. Pollutants include, but
are not limited to:
i. Paints, varnishes, and solvents;
ii. Oil and other automotive fluids;
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iii. Nonhazardous liquid and solid wastes and yard wastes;
iv. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, accumulations and
floatables;
v. Pesticides, herbicides, and fertilizers;
vi. Hazardous materials and wastes;
vii. Sewage, fecal coliform and pathogens;
viii. Dissolved and particulate metals;
ix. Animal wastes;
x. Rock, sand, salt, soils;
xi. Construction wastes and residues; and
xii. Noxious or offensive matter of any kind.
Q. PRE-CONSTRUCTION: Allactivities inpreparation of construction.
R. PRE-DEVELOPMENT: The conditions that exist at the time that plans for the development of atract of
land are submitted to the Canton Conservation Commission. Where phased development or plan approval occurs
preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission
shall establish pre-development conditions.
S. RECHARGE: The process by which groundwater isreplenished byprecipitation through the percolation of
runoff and surface into the soil.
T. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or
phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. The
creation of new areas ofimpervious surface or new areas ofland disturbance on asite constitutes development,
not redevelopment, even where such activities are part of acommon plan which also involves redevelopment.
Redevelopment includes maintenance and improvement of existing roadways including widening less than asingle
lane, adding shoulders, correcting substandard intersections, improving existing drainage systems and repaving;
and remedial projects specifically designed toprovide improved stormwater management such as projects to
separate storm drains and sanitary sewers and stormwater retrofit projects.
U. SEDIMENT: Mineral or organic soil material that istransported bywind orwater, from its original to
another location; the product of erosion processes.
V. SEDIMENTATION: The process or act of deposition of sediment.
W. SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be
performed.
X. STORMWATER AUTHORITY: The Town of Canton Conservation Commission or its authorized agent(s).
The Conservation Commission isresponsible for coordinating the review, approval and permit process as defined in
this Bylaw. Other Boards and/ordepartments participate inthe review process as defined inthe Stormwater
Regulations adopted by the Conservation Commission.
Y. STORMWATER MANAGEMENT FEE: acharge for the use of the Stormwater Management Services.
Z. STORMWATER UTILITY: Aspecific management structure for the Stormwater Management Fee, inwhich
amunicipal utility isestablished to administer the fee and the Stormwater Management Program similar to awater
or sewer utility.
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AA. WATERS OF THE COMMONWEALTH: Allwaters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwater, and Waters of the United States asdefined under the Federal Clean Water Act as hereafter amended.
9. SEVERABILITY
The invalidity of any section, provision, paragraph, sentence, or clause of this Bylaw shall not invalidate any other
section, provision, paragraph, sentence, or clause thereof, nor shall itinvalidate any permit or determination that
previously has been issued.
Board of Selectmen for the Canton Conservation Commission.
MOVED: That the General By-Laws Article XX Stormwater Management be adopted as presented
in the warrant.
FINANCE COMMITTEE VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously supports this article. Stormwater management isan
important responsibility for the Town ofCanton tomaintain and protect public health, public safety, and the local
ecological environment. Through this article, the Town would better manage the impact ofstormwater runoff
during construction projects, ensure adequate regulation of post-construction runoff, and better control sediment
and soil erosion, all of which must often be considered when the land isdisturbed. These changes will help ensure
that the Town’sbylaws conform tofederal and state regulations regarding stormwater discharge and land erosion
under the guidance of the Conservation Commission. The proposed bylaw modifications take into consideration the
time and cost burden of the review and permitting process by creating, ormaintaining, some reasonable
exemptions for property owners or other relevant parties under certain stated conditions.
APPROVED__________ DISAPPROVED__________
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ARTICLE 3
METROPOLIS RINK APPROPRIATION
Article 3 To see ifthe Town will vote to raise and appropriate, borrow pursuant toany applicable statute or
transfer from available funds, asum of money to increase the budget appropriation adopted in Article 2,Metropolis
Rink Appropriation, atthe December 12, 2018 Special Town Meeting, thereby making availablesaidfunds for the
purposes of designing, permitting, environmental cleanup, reconstructing, constructing, repairing and equipping of
the Metropolis Rink located at 2167 Washington Street, Canton, MA 02021, or take any other action inrelation
thereto.
Board of Selectmen for the Building Renovation Committee
MOVED: That the sum of Five Hundred Thousand Dollars ($ 500,000) be appropriated to the Rink
Capital Fund (# 701) by transfer from the State’s General Appropriations Act for FY 2020, thereby
increasing the budget appropriation voted in Article 2 of the 2018 Special Town Meeting from Ten
Million Five Hundred Thousand Dollars ($ 10,500,000) to Eleven Million Dollars ($ 11,000,000) with the
intent that said funds shall be available in FY 2020 for the purposes of designing, permitting,
environmental cleanup, reconstructing, constructing, repairing and equipping of the Metropolis Rink
located at 2167 Washington Street, Canton, MA 02021.
FINANCE COMMITTEE VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously recommends this article. The Metropolis Rink construction
project was approved by aSpecial Town Meeting on December 12, 2018, with an initial appropriation of $10.5
million. Canton’sstate legislators secured $500,000 instate funding for this project but that funding restricted the
full project budget to the originally approved $ 10.5million. The Building Renovation Committee has determined
that the Town of Canton will need toappropriate an additional $ 500,000 to make use of these state funds due to
unforeseen conditions, including, but not limited to, the unexpected state-mandated stoppage of the project due to
the COVID-19 pandemic. This article is alegal measure to allow full borrowing authority toaccess additional state
funding to help complete the Metropolis Rink construction project, thus there will be no negative cost impact to the
Town’sresources by this appropriation but rather the funds will be drawn from astate funding source.
APPROVED__________ DISAPPROVED__________
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ARTICLE 5
SPECIAL TAX AGREEMENT WITH THE PHIA GROUP
Article 5 To see ifthe Town will vote to authorize the Board of Selectmen ( a)to enter into aSpecial Tax
Assessment Agreement (“ STA Agreement”) with The Phia Group for the property located at 40 Pequot Way in
Canton, ( b)to execute the STA Agreement and any amendments and documents relating thereto on terms and
conditions determined by the Board of Selectmen to be inthe best interest of the Town, and (c)to undertake any
actions deemed by the Board of Selectmen tobe necessary to effectuate the STA Agreement, including but not
limited to submitting to Massachusetts’ Economic AssistanceCoordinating Council ( EACC), the STA Agreement
and all such documents and information necessary tohave the EACC approve the STA Agreement and certify a
project consistent with the STA Agreement; to determine that the project authorized by the STA Agreement is
consistent with the Town’seconomic development objectives and islikely to increase or retain employment
opportunities for Town residents; or to take any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmenbe hereby authorized
a) to enter into a Special Tax Assessment Agreement (“ STA Agreement”) with The Phia Group for the
property located at 40 Pequot Way in Canton in the form of agreement consistent with the proposed
STA Agreement on file in the Officeof the Board of Selectmen,
b) to execute the STA Agreement and any amendments and documents relating thereto on terms and
conditions determined by the Board of Selectmen to be in the best interest of the Town, and
c) to undertake any actions deemed by the Board of Selectmen to be necessary to effectuate the STA
Agreement, including but not limited to submitting to Massachusetts’ Economic Assistance
Coordinating Council ( EACC), the STA Agreement and all such documents and information necessary to
have the EACC approve the STA Agreement and certify a project consistent with the STA Agreement; to
determine that the project authorized by the STA Agreement is consistent with the Town’seconomic
development objectives and is likely to increase or retain employment opportunities for Town
residents.”
FINANCE COMMITTEE VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously supports this Special Town Meeting article. The property at
40 Pequot Way has been vacant for several years and this Special TaxAssessment Agreement ( STA Agreement)
would help facilitate its reuse by The Phia Group, LLC, ahealthcare consulting firm. This one-year agreement,
which would also need to be approved by the Massachusetts Economic Assistance Coordinating Council ( EACC),
would help redevelop avacant property while benefiting the Town of Canton’srevenue stream infuture years by
having this property commercially active again. Given the recent COVID-19 pandemic and the harm that ithas
brought to Canton’seconomy, this proposed relief will provide an opportunity for economic development.
APPROVED__________ DISAPPROVED__________
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ARTICLE 6
BOLIVAR POOL PROJECT FUNDS APPROPRIATION
Article 6 To see ifthe Town will vote to raise and appropriate, borrow pursuantto any applicable statute or
transfer from available funds, asum ofmoney to increase the budget appropriation adopted in Article 20, Bolivar
Pool Project Funds Appropriation, atthe May 13, 2019 Annual Town Meeting, thereby making availablesaidfunds
for the purposes of designing, permitting, environmental cleanup, reconstructing, constructing, repairing and
equipping of the Bolivar Pool located at 199 Bolivar Street, Canton, MA 02021, or take any other action inrelation
thereto.
Board of Selectmen
MOVED: That the subject matter of Article 6 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0-0
DISCUSSION: The Finance Committee supports the Bolivar Pool Project.However at the time of our vote it
was not anticipated that additional funds will be required to complete this project.
APPROVED__________ DISAPPROVED__________
ARTICLE 7
GRANT OF UTILITY EASEMENT TO VERIZON AT 199 BOLIVAR STREET
Article 7To see ifthe Town will vote toauthorize the Board of Selectmen, to lease or grant an easement across
certain land located at 199 Bolivar Street, known as the Bolivar Street Pool, being Tax Assessor’sMap 41, Parcel
41, for Verizon to construct, operate and maintain utility facilities; or to take any action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to lease or grant an easement across
certain land located at 199 Bolivar Street, known as the Bolivar Street Pool, being Tax Assessor’ sMap
41, Parcel 41, for Verizon to construct, operate and maintain utility facilities.
FINANCE COMMITTEE VOTE: 8-0-0
DISCUSSION: In association with the ongoing construction of the Bolivar Pool project, this utility easement isa
requirement for the successful completion of the pool project.The Finance Committee voted unanimously to
support this article.
APPROVED__________ DISAPPROVED__________
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ARTICLE 8
ADDITIONAL RECOMMENDATION OF THE COMMUNITY PRESERVATION COMMITTEE: CANTON
EMERGENCY RENTAL ASSISTANCE PROGRAM
Article 8To see ifthe Town will vote to adopt and approve the recommendation of the Community Preservation
Committee for Fiscal Year 2021 and to see ifthe Town will vote to implement such recommendations by
appropriating asum or sums of money from the Community Preservation Fund established pursuant to Chapter
44B of the General Laws, orotherwise to raise and appropriate, transfer from available funds or borrow pursuant to
any applicable statute asum of money for such purposes; to authorize the Board of Selectmen, with the approval
of the Community Preservation Committee, to acquire by purchase, gift or eminent domain such real property and
property interests inthe name of, or enforceable by the Town, including perpetual affordable housing restrictions,
conservation restrictions and historical preservation restrictions, and to dispose of Town property or portions
thereof orinterests therein, all as may be required by the Community Preservation Act and Chapter 184 of the
General Laws and as may be necessary orappropriateto carry out the recommendations of the Community
Preservation Committee; or to take any other action related thereto.
Board of Selectmen for the Community Preservation Committee
MOVED: This article was not ready for a vote at the time of this writing.The Finance Committee
will make a recommendation at Town Meeting.
DISCUSSION: While the Finance Committee isfollowing the progress ofthis article with great interest, there
was not enough information about this plan to allow the Finance Committee to take an official position by the time
that this report was printed. In general, this article would authorize the use of up to $52,000 of Community
Preservation Act (CPA) funding toprovide emergency rental assistance to qualifying Canton residents. Eligible
residents who meet certain designated income requirements could enter alottery to receive temporary assistance
with their rent payments or temporary aid with their mortgage payment, iftheir mortgage was for adeed-
restricted form of affordable housing. CPA funding would be provided to aqualified housing agency that would
manage distribution of these funds under negotiated guidelines and administrative fees that would be consistent
with the CPA statute and other applicable laws. More concrete detail on this developing article isexpected to be
available by the time that the Special Town Meeting isheld.
APPROVED__________ DISAPPROVED__________
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NOTES:
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PRSRT STD
U.S. POSTAGE PAID
PERMIT NO. 20
CANTON, MA
FINANCE COMMITTEE
TOWN HALL
801 WASHINGTON STREET
CANTON, MA 02021
CAR-RT SORT
RESIDENT
CANTON, MA 02021
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