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					TOWN OF CANTON




     2009
ANNUAL REPORT
Cover:
Canton Fire Station and Canton Police Station
Canton, MA

Photos taken by Linda Sacramona and Lisa Grega
ANNUAL TOWN REPORT


  TOWN OF CANTON




       2009
                         Dedication

                 This Annual Report is dedicated to




               Ronald D. Pasquarosa, Sr. (Butch)
   For 45 years of dedicated service to the Town of Canton
and its citizens, as Assistant Superintendent of the Public Works
                            Department




                                 3
                         also dedicated to




                         Paul R. Matthews
 For his many years of dedicated service to the Town of Canton
and its citizens, as a past member of the Finance Committee, and
       member of the Canton School Committee since 1997




                                4
   In recognition of their years of service to the Town and their
dedication to public service, we wish to recognize the retirement of
                    the individuals listed below.



                         Animal Control
               Ellen Barnett, Animal Control Officer



                       Fire Department
                Thomas J. Ronayne, III, Fire Chief



                              Library
                           Ilene Kramer



                     Recreation Department
                        Mary-Lou Stein




                      School Department
                   Diane Gass – Luce School
                   Gean Gefteas – JFK School
                     Carol Hamilton – CHS
                 Bernice Korowitz – JFK School
                 Susan Mathieson – JFK School
                    Gary McNamara – CHS
                       Eileen Roth – CHS
                   William T. Sweeney – CHS
              Joan Kantaros White – Hansen School


                                 5
                  In Memoriam

        Michelle Bainton – School Department

     Joseph P. Barss – Department of Public Works

 Joanne Crowley – Conservation Commission Secretary

         Graham H. Donlon – Veteran’s Agent

       Thomas J. Fitzgerald – School Custodian

       James R. L’Heureux – School Custodian

         Kathleen M. Leary – School Secretary

        Paul R. Matthews – School Committee

            John W. McDermott - Teacher

Ronald D. Pasquarosa, Sr. – Department of Public Works

         Dr. Francis A. Turley, Luce Principal

    Edward J. Walsh – Department of Public Works




                          6
CANTON ALMANAC                         IMPORTANT INFORMATION

Settled 1650                           United States Senators
Incorporated 1797                      Edward M. Kennedy, Boston
                                       John F. Kerry, Boston

Location                               Representative in Congress
Southeastern                           (9TH Congressional District)
Massachusetts at                       Stephen Lynch, Boston
The Foot of the Blue Hills

Population:                            Councilors:
20,974                                 (Second District – Precincts 1-6)
                                       Kelly A. Timilty, Boston

Form of Government
Open Town Meeting                      State Senators
Total Number of Registered             (Norfolk, Bristol & Plymouth District)
Voters: 14,376                         Brian Joyce, Milton

Tax Rate:                              Representative in General Court
Residence - $9.98                      (6th Norfolk District)
Commercial - $19.                       William C. Galvin, Canton


Taxable Property                       Annual Town Election Date
$4,173,595,866                         First Tuesday after the
                                       First Monday in April

School System:                         Annual Town Meeting:
3 Elementary, 1 Middle                 Last Monday of April - 7:30PM
1 High School, 1 Parochial
Elementary, Blue Hill                  Highways
Regional Technical School              Town: 91 miles
                                       State: 5.3 miles
Police:
Chief, 3 Lieutenants                   Altitude
6 Sergeants & 32 Patrolmen             126.8 feet above sea level

Fire:
Chief, Deputy Chief, 5 Captains,
5 Lieutenants, 40 Firefighters




                                   7
APPOINTMENTS

Town Administrator                         Executive Assistant
William T. Friel                           Christina A. Carlton

Town Accountant                            Superintendent of Buildings &
Paul Gargano/Janine Smith                  Properties
                                           Bernard J. Fallon

Superintendent of Public Works             M.B.T.A. Advisory Member
Michael T. Trotta                          George Comeau

Fire Chief                                 Constables
Thomas J. Ronayne III                      Kenneth N. Berkowitz
Charles Doody                              Helena Findlen
                                           Patty Sherrill
Police Chief                               Thomas Keleher
Kenneth N. Berkowitz                       Paul Close
James Farris                               Charles E. Penders
                                           Robert Applebaum
Town Counsel                               Rosalind Applebaum
Paul DeRensis                              Thomas J. Brown
                                           Robert D. Churchill
Building Commissioner                      Harold March
Edward Walsh                               Walker C. Farrar, Jr
                                           Robert N. Witt
Finance Director/Collector/Treasurer
James Murgia

Director of Library
Mark Lague

Custodian of Tax Title                     Board of Health Director
James Murgia                               John Ciccotelli

Assistant Collector/Treasurer              Veteran’s Service Agent
Susan Desjardin                            Anthony Andreotti

Deputy Assessor                            Emergency Management
John J. Wieliczki                          Chief Director
                                           Frank LaBollita
Workers Compensation Agent
Lori Soloway

Sealer of Weights & Measures               Tree Warden & Pest Control
State Bureau of Standards                  Ronald Pasquarosa


                                       8
Parking Clerk                             Animal Meat Inspector
                                          Ellen Barnett
                                          Paul Bastable, Interim

Plumbing & Gas Inspector                  Animal Control Officer.
Marc Zade                                 Ellen Barnett
                                          Paul Bastable, Interim ACO

Superintendent of Fire Alarms             Wiring Inspector
Thomas J. Ronayne III/Charles Doody       Paul Reynolds




                                      9
TOWN OFFICERS

SELECTMEN, BOARD OF PUBLIC WORKS            Elected Term Expires
& LICENSING BOARD                                 April of

BOARD OF SELECTMEN
  Gerald A. Salvatori, Jr., Chairman               2012
  Victor D. Del Vecchio, Vice Chair                2011
  John J. Connolly, Clerk                          2010
  Avril T. Elkort                                  2012
  Robert E. Burr, Jr.                              2011

TOWN CLERK
  Tracy Kenney                                     2012

BOARD OF ASSESSORS
  Rocco Digirolamo,                                2012
  William C. Galvin, Chairman                      2010
  Daniel Flood                                     2011

BOARD OF HEALTH
  Robert P. Schneiders                             2010
  Paul J. Alfano                                   2009
  Dr. Julie E. Goodman, Chairman                   2011

SCHOOL COMMITTEE
   Robert H. Barker, Jr.                           2010
   Cynthia Thomas                                  2011
   Timothy Brooks                                  2011
   Elisabeth A. Salisbury                          2011
   Reuki B. Schutt, Chairman                       2010

PLANNING BOARD
   George F. Jenkins, Jr.                          2010
   Gary E. Vinciguerra                             2013
   Jeremy Comeau                                   2012
   Kristin Mirliani                                2014
   Christopher Connolly, Chairman                  2011

TRUSTEES OF LIBRARY
   George T. Comeau                                2011
   Nancy S. Mark                                   2009
   Sarah Amour-Nemetz                              2009
   Margaret Mead                                   2010
   Susan Cogliano                                  2011
   Betty Chelmow                                   2010


                                       10
    Dorothy Shea                                     2011
    Kathy Fox Alfano, Chairman                       2010
    Joan Schottenfeld                                2009

CANTON HOUSING AUTHORITY
  William McDaid                                    2013
  Martin A. Dorian                                  2014
  Ronald Grinnell                                   2010
  Jill A. Duggan (State Appointee)                  2011
  Glen Hannington                                   2011


BOARD, COMMISSIONS & COMMITTEES                Appointed Terms
                                               Expires April of
APPOINTED BY THE BOARD OF SELECTMEN

Beautification Committee                  Term/Expires 3 Years
   June Alfano                                 04/30/2012
   Marie C. Gibbs                              04/30/2010
   Michael McHugo                              04/30/2010
   Shirley Morse                               04/30/2010
   Peter Pineo                                 04/30/2012

Cable Advisory Committee                  Term/Expires 1 Year
   Paul Alfano                                 04/30/2010
   James Sims, Chairman                        04/30/2010
   Joseph Webb                                 04/30/2010

Canton Veteran’s Council                  Term/Expires 1 Year
   Robert DeYeso                               04/30/2010
   Walter Molis                                04/30/2010
   Arline Love                                 04/30/2010
   Edward Piana                                04/30/2010
   George Sykes                                04/30/2010
   Mary Zammarripa                             04/30/2010
   Frank LaBollita                             04/30/2010
   Dan Teague                                  04/30/2010
   Jack O’Neil                                 04/30/2010
   Robert Witt                                 04/30/2010

Commissions on Disabilities               Term/Expires 3 Years
   Kevin Feeney                                04/30/2011
   Nancy Gowe                                  04/30/2011
   Lynn Findlen Valkanas                       04/30/2010
   Laura Findlen Lane                          04/30/2010


                                     11
Conservation Commission                   Term/Expires 3 Year
   Robert Doe                                  04/30/2011
   Katherine D. Merrigan                       04/30/2011
   Deb Sundin                                  04/30/2011
   Thomas Liddy                                04/30/2011
   David McLelland                             04/30/2010
   James A. Fitzpatrick                        04/30/2010
   Robert MacDonald                            04/30/2012

Council on Aging                          Term/Expires 3 years
   Doris Goodman                               04/30/2011
   James Fitzpatrick                           04/30/2010
   John Friel, Chair                           04/30/2010
   Elaine Gilmore                              04/30/2010
   Dr. William Sullivan                        04/30/2012
   Elizabeth Lethin                            04/30/2012
   Susan Dooley                                04/30/2012

Economic Development Comm                 Term/Expires 1 year
   Gene Manning                                     2010
   Kristen Draper                                   2010
   John Marini                                      2010
   Caryn Feldman                                    2010
   Thomas O’Connor                                  2010
   Kevin Molloy                                     2010
   Brian Mahoney                                    2010
   Kevin Feeney                                     2010

Fair Housing Committee                    Term/Expires 1 year
    Daneene Pate                               04/30/2010

Canton Cultural Council                   Term/Expires 3 Years
   Patricia Powers                               04/30/12
   Kathy Fox Alfano                              04/30/12
   Joseph Donovan                                04/30/11
   Jane Lash                                     04/30/12
   Renee Hanscom                                 04/30/12
   Jeremy Comeau                                 04/30/12
   Lisa Campbell                                 04/30/12

Local Emergency Planning Comm             Term/Expires 1 year
   Thomas J. Ronayne III, Co-Chair                  2010
   Francis A. Labollita                             2010
   David Crowley, Co-Chair                          2010
   John Ciccotelli                                  2010
   Chief Ken Berkowitz                              2010


                                     12
    Beth Erickson                                    2010
    Michael Trotta                                   2010
    Herbert King                                     2010
    Avril T. Elkort                                  2010
    Gary Moore                                       2010
    Anthony Pate                                     2010
    Terri Khoury                                     2010
    William Fleming                                  2010
    Jonathan Levis                                   2010
    John J. Connolly                                 2010
    Paul DuCott                                      2010

Historical Commission                      Term/Expires 3 Years
    George T. Comeau                                 2012
    James A. Fitzpatrick                             2011
    Michael Nourse                                   2011
    John Burke                                       2012
    Wallace F. Gibbs                                 2010
    Mary Anne Byrnes                                 2010
    Kathleen Keith                                   2010

Industrial Development Finance Authority   Term/Expires 5 Years
    Edward R. Piana                                  2014

Master Plan Monitoring Comm.               Term/Expires 1 Year
   Frank Keefe                                       2010
   Carl Lavin                                        2010
   Mike Nourse                                       2010
   Peter Pineo                                       2010
   Charlie Cox                                       2010
   Diane Glenn                                       2010
   Paul J. Dooley                                    2010

Playground & Recreation Comm.              Term/Expires 1 Year
    Cabot Devol III                                  2011
    Debra Kelly                                      2011
    Alison Grossman                                  2010
    Joseph A. Uliano                                 2010
    Larry Bogue                                      2010
    Timothy Brooks                                   2011
    Richard Eckler                                   2010

Registrars of Voters                       Term/Expires 1 Year
   Marilyn C. Curran                                 2011
   Marie Blanchard                                   2011
   Peter R. Sarra                                    2010


                                   13
Traffic Study Committee                          Term/Expires 1 Year
    Ken Berkowitz                                          2010
    Peter Pineo                                            2010
    Rossanna Hennessey                                     2010
    Michael Trotta                                         2010
    Lisa Grega                                             2010
    Francis Clines                                         2010
    Thomas Ronayne, III                                    2010

Water/Sewer Rate Policy Comm.                    Term/Expires 1 Year
   Dave Emhardt – Fin Comm                                 2010
   James Murgia                                            2010
   Ronald Redquest                                         2010
   Edward M. Sullivan                                      2010
   Michael Trotta                                          2010
   Larraine Redquest                                       2010
   Rob Phillips – CPC Rep.                                 2010

Youth Commission                                 Term/Expires 1 Year
   Jeremy Comeau                                           2011
   Anthony Braconi                                         2010

Zoning Board of Appeals                          Term/Expires 3 Years
   Greg Pando                                              2011
   John S. Marini                                          2012
   Paul B. Carroll                                         2010

Zoning Board of Appeals
Associate Members                                Term/Expires 1 Year
    Kevin Feeney                                           2010
    W. Scott Lenhart                                       2010

Town Sick Bank Committee
   Lori Soloway                          Human Resources Administrator
   Louis Jutras                          Information Systems Manager
   Paul Gargano/Janine Smith             Town Accountant
   John Wieliczki                        Deputy Assessor
   Bernard Fallon                        Superintendent of Buildings & Grnds
   Lisa Grega                            Assistant Town Engineer

Health Insurance Advisory Committee
   Paul DuCott, Canton Teachers Association
   Diane Tynan, Administrative Employees Association
   Helena Findlen, Superior Officers
   Herbert King, Canton Firefighters Association
   Janet Donnolly, School Department


                                    14
    James Murgia, Finance Director
    William T. Friel, Town Administrator

ADA Transition Plan Implementation Committee
  Joseph V. Croce, Jr./designee      Capital Planning Comm
  Dr. John D’Auria                   Superintendent of Schools
  Edward Walsh                       Building Commissioner
  Bernard Fallon                     Supervisor Bldgs & Grnds
  Jeffrey Kaylor                     Recreation Director
  Kevin Feeney                       Commission on Disabilities
  Robert McCarthy/designee           Building Renovation Comm
  William T. Friel                   Executive Office

UNION PRESIDENTS
   Wayne McDonald, IAFF
   Scott Connor, Police
   Helena Findlen, Superior Officers
   Charles McCarthy, AFSCME
   Bernard Fallon, AEA

APPOINTED BY THE PLANNING BOARD

Canton Center Design Review Board
   P. Christopher Podgurski, Member, Downtown Canton Association
   Michael Nourse, Historical Commission
   Jack Krowski, citizen.

APPOINTED BY MODERATOR

Moderator (alternate years)
   Richard Staiti/Jonathan Arata

Finance Committee
    Dave Emhardt, Chairman                                 2011
    Patricia Johnson, Vice Chairman                        2010
    John Friel                                             2010
    Adam Mazonson                                          2010
    Jim Sims                                               2010
    Diane Wolff                                            2012
    Alan Hines                                             2012
    Mark Porter                                            2011




                                       15
Capital Planning Committee
   Joseph V. Croce, Jr.                                       2010
   Gene Manning, Chairman                                     2010
   Russell Stevens                                            2011
   Tony Braconi                                               2009
   Michael Quinn                                              2012
   Rob Phillips                                               2009
   Herb Silverman                                             2009

Building Renovations Committee
    Robert McCarthy, Chairman                                  2010
    Anthony Salvucci, Vice-Chairman                            2010
    Charles Armando                                            2012
    Chris Podgurski                                            2011
    Maureen A. McDonough                                       2010
    James Magee (CPC)
    Kevin Feeney (COD)
    Paul Matthews (School Com.)
    John Connolly (BOS)
    Paul Gargano (Finance Dept.)
    Associate Members: Ken Leon, Chief Thomas Ronayne, III,
    Chief Kenneth Berkowitz, Bernard Fallon, Jeff Kaylor and Mark Lague.




                                     16
                       BOARD OF SELECTMEN - 2009

 It has been a rewarding, yet challenging year to serve as the Chairman of the
Board of Selectmen for calendar year 2009. I continue to be impressed by the
professional and dedicated group of elected and appointed officials with whom I
work. I want to especially thank my fellow Board members for their tireless and
important service to Canton. The Board is also proud of our dedicated workforce
that serves our community with distinction. We too should take time to recognize
the many members of the community that serve Canton as volunteers in a variety
of important and essential roles. Canton is the special place it is, in large part
because of the quality and character of our people.

 The year 2009 has proven to be one of the most challenging times in our nation’s
history for a variety of reasons. The overall economic condition will be hard felt
for some time and requires more than ever, for us all to live within our means. We
are most fortunate to have planned ahead, having taken practical, proactive,
pragmatic steps, which provided sound reasoning and justification to the voters of
Canton to support the first operational override ever approved in Canton. As 2009
was the second year of plan implementation, we are optimistic that despite
unforeseen and uncontrollable cuts in state aid, we can sustain consistent and
reliable municipal services through the final plan year FY (2011), unlike many
other communities all over Massachusetts, who are dramatically cutting services to
their residents. Like most of the 351 cities and towns in the Commonwealth of
Massachusetts, we have seen an increase in healthcare costs, energy costs, and a
number of new (and existing) state and federal unfunded, and underfunded,
mandates which continue to place significant pressure on Town finances including
dramatically escalating special education costs. When we look ahead, these
conditions along with significant reductions in state revenue sharing, which is
expected to continue into future fiscal years, sets up an unsettling and
unpredictable road for us to travel, despite our best collective efforts.

 The Board of Selectmen continues to pursue and implement operational reforms
by implementing many of the 64 recommendations of the Comprehensive
Financial Condition Evaluation Committee (CFCEC - a broad based group of
department heads and town leaders organized by the BOS in 2006 to investigate
possible efficiencies in our operations). Second, we aggressively have lobbied,
and continue to lobby, our State Senator and State Representative for not only
more state aid including supporting the most recent Massachusetts Municipal
Association’s effort to increase the percentage of state tax going back to the local
communities from 25% to 40% for the intermediate and long term but also for
short term relief from further devastating cuts and paralyzing unfunded and
underfunded mandates. Third, we continue to prioritize attracting business and
promote Canton as a place to locate via a variety of state of the art techniques,
including partnering with the Massachusetts Office on Business and supporting
our local Economic Development Committee - who has done an incredible job.
The Town most recently was rewarded for its concentrated efforts in the form of a


                                        17
$950,000. MORE grant for improvements that were completed this year along Dan
Road, the new home of the planned expansion of Organogenesis which the Town
pursued and convinced to remain and expand in Canton.

 The Board of Selectmen also continued this year our ongoing challenge and
settlement efforts surrounding the Westwood Station Project. The developer
continues to promote a large scale project (3 times the size of the South Shore
Plaza in Braintree). We continue to pursue the necessary road improvements to
ensure they be incorporated into the Project to accommodate the increased daily
vehicular traffic estimated at 58,000 cars per day. This in particular has been a
long hard battle but one which will have significant detrimental impact on the
town for generations to come, so we must ensure reasonable protections for our
community.

 The redevelopment of Plymouth Rubber continued to be a major focus of the
Board this year; primarily because this site is one of the last remaining industrial
areas of Town and due to its prime location. The site requires environmental
assessment and remediation and that requirement is driving the size of the
redevelopment plan. We need to make sure whatever is developed there is
consistent with the surrounding area, meets recognized needs and is not to the
detriment of the Town as a whole.

Other activities and accomplishments the Board of Selectmen has worked on
include:

    1.    The State’s largest $1.8 million grant for downtown streetscape
         improvements was awarded to the Town. In 2007 the grant was
         supplemented by an additional $847,000.         This year the actual
         improvements were completed and have transformed the safety,
         appearance and functionality of our downtown. Our goal remains to see
         to it that this work will assist the downtown business community and
         make it thrive.

    2.    The Town continues its participation in the Southeast Regional Services
         Group (SERSG) for municipal service delivery and group purchasing.
         SERSG has principally focused on purchasing, personnel training and
         information exchange. It also includes an employee assistance program
         and drug and alcohol testing, which is required by the Federal
         Government for employees who must possess Commercial Drivers’
         Licenses (CDL). The Town, through bulk purchasing power, continues
         to save thousands of dollars as a result of its active participation. Canton
         is a founding member of this regional association.

    3.   We continue to work with the Massachusetts Municipal Association,
         Norfolk County Selectmen’s Association and the Massachusetts
         Selectmen’s Association on legislative matters impacting our Town. The


                                         18
     latest initiative was the creation of a new state local revenue sharing
     partnership that seeks to abolish the cap on the State Lottery.

4.   The Senior Tax Rebate Program proved once again to be a success. This
     program now enrolling over 100 seniors, administered with the assistance
     of John Wieliczki, Director of Assessing, and Diane Tynan, Director of
     the Council on Aging, benefited all who participated (both volunteers and
     Town Departments).

5.   This year we completed the actual construction of the Pecunit Street
     Water Treatment Facility. The Neponset Street Water Treatment Facility
     design and siting process was also concluded this year. This process
     included working closely with area residents to address their concerns. As
     a result, significant design changes have been incorporated into the
     Neponset Street facility’s final design. These two water treatment
     facilities will filtrate naturally occurring minerals from our water using
     state of the art sequestering methods for all water passing through them.
     The Town expects to realize a long term cost avoidance savings of
     millions of dollars by producing and delivering water locally from our
     own wells (at more than one half the cost of purchasing water from the
     MWRA).

6.    This year the Board focused on intensifying efforts to become more
     energy efficient and take advantage of a variety of available programs.
     Notably, the Green Team was established by the Board. Its mission is to
     explore and study alternative energy activities, initiatives and
     opportunities available in such areas as solar, wind, hydro-electric,
     recycling, utility and energy reduction, water conservation, and grants for
     such activities. This important work will continue through the coming
     year. Also the Town through the Board of Selectmen has begun
     implementing Performance Contracting. This creative approach allows
     for municipal and school building improvements which can be financed
     by reducing the current cost of heating and cooling various energy
     consuming facilities in Town. This undertaking has the added unique
     benefit of completing projects which may never have been accomplished,
     due to budgetary constraints, saves operational money by reducing costs
     and requires no additional community funding. The Town has also
     applied for and received $200,000 in energy efficiency grants associated
     with this effort. Finally, the preliminary feasibility of establishing a solar
     farm has begun at the site of our former landfill. This initiative, if
     successful, can lead to generating much needed income for the Town and
     reuses a landfill that cost the Town millions of dollars to “cap” as
     required by the State. The land is available and largely unused.

7.   The Board has continued its efforts this year to renegotiate our Cable
     Franchise (Video) License with Comcast. Late this year we made


                                     19
     significant progress. It is expected a license renewal will take place
     spring of 2010. This is important to ensure continued cable competition
     for the benefit of our residents especially over the long term, both in
     terms of enhanced programming and keeping costs down. We would like
     to recognize the efforts of the Cable Advisory Committee.

8.    The Town was recognized and awarded again this year, based on its
     completion and submission of a Comprehensive Annual Financial Report
     (CAFR) to the national Government Finance Officers Association
     (GFOA). Canton is one of approximately 25 elite Massachusetts
     communities that have attained the level of professionalism in financial
     tracking and reporting. We wish to thank Paul Gargano our past Town
     Accountant who left our employ this year, for his professional efforts.
     We will miss Paul and thank him for his service.

9.    The Board also oversaw this year three initiatives designed to explore
     and evaluate potential new revenue resources for the Town. They
     included commissioning the National Golf Foundation Review of the
     Ponkapoag Golf Course, issuing a request for Proposal for the Ponkapoag
     School for reuse as a cell tower site and preempting the MBTA plans to
     install a Bill Board off of Route 95. While the State has not yet issued
     any RFP for the operation and maintenance of the golf course, the
     commissioned report will serve as the basis for future decision-making
     should that occur. As for the other two initiates completed this year, the
     cell tower will produce significant revenue for the Town since an
     agreement was reached as a result of the RFP. Also, an agreement related
     to the billboard was also executed by the Town. Over a ten year period
     the economic benefit of both combined, is estimated to exceed
     $1,000,000.

10. Our continued efforts have led to the completion of the design (segment
    2) of Route 138, from Washington Street to Randolph Street. This work
    is expected to begin after receipt of a $1.2 million dollar State TIP/ARRA
    grant, spring 2010. Roadway surface improvements, including drainage
    and a new sidewalk, are planned. Early this year, the Town submitted
    Federal ARRA Stimulus Funding requests for a variety of important
    town-wide projects, consistent with established State deadlines which
    only allowed the Town 6 days to compile required information needed to
    complete the forms. The Town’s detailed grant request submitted to the
    Governor totaled $76,000,000.

11. The Town continues to oversee a transportation demand grant (which
    includes private sector business donations) in the amount of $456,000.
    This five-year grant creates a partnership with local businesses along
    Royall Street. This partnership provides shuttle bus services for
    employees with connecting service to area mass transit facilities. This


                                    20
    program has traffic, convenience and environmental benefits and is
    funded through December 2011.

12. We have, with the approval of Town Meeting, fully implemented the
    provisions of Chapter 32b section 19, which requires all Medicare
    eligible retirees to move into Medicare versus remaining on the town’s
    active employee health plan. This Board initiative is, according to the
    most recent information, saving more than $250,000.00 annually.

13. We have partnered this year with the Zoning Board of Appeals to re -
    codify our zoning bylaws and have made much progress to date. The
    goal is to simplify, make revisions to it consistent with statutory changes
    which have occurred over time, and make it more user friendly. Our
    efforts have lead to a document (subject to Town Meeting approval) that
    will assist both residents and the business community when dealing with
    issues of zoning. We recognize and thank the Zoning and Planning
    Boards for their assistance.

14. The Board this year also approved an initiative to waive certain building
    permit fees for certain type and size projects. We felt it important to try
    locally to stimulate the economy through local projects by reducing
    project costs. We are hopeful this local initiative is helping in
    accomplishing its intended purpose.

15. The Board continues to hold periodic meetings of the Canton
    Communications Forum. All members of Boards, Committees and
    Commissions are invited to these informal meetings to enhance
    communication and coordinate approaches on important public issues.

16. The Board of Selectmen actively maintains emergency preparedness
    communication with its Police, Fire, School Department, Local
    Emergency Planning Committee (LEPC) and State and Federal agencies,
    to ensure that the proper level of communications, equipment and training
    are ongoing in Canton to respond to any emergency. The Town
    continues to progress through the rigorous state certification process for
    LEPC. With the appointment of our new Fire Chief Charles (Charlie)
    Doody who has assumed the role of Emergency Preparedness Director,
    ably assisted by our Police Chief, Ken Berkowitz, we would like to thank
    and recognize our long term Emergency Preparedness Director, Col.
    Frank LaBollita. Frank has performed the role with distinction.

17. The Town has also this year, implemented experimental traffic calming
    measures in various Canton Neighborhoods including areas such as
    Reynolds Street, to assist the public with the town’s number one issue –
    traffic and traffic safety related complaints. Initial test results show that
    these techniques are working. We are hopeful they can be put in place in


                                    21
         other parts of Town. Also, the Board has pursued traffic solutions at the
         intersection of Randolph and Washington Streets by conducting
         conceptual design and cost estimating, of a roundabout and or a traffic
         signal at that location.

    18. Canton again this year maintained the prestigious AAA bond rating. We
        join a very select group of Massachusetts communities (approximately 15
        out of 351 cities and towns) who have been similarly designated. This
        distinction, especially in this economic climate, is a tribute to the Towns
        ongoing efforts to manage its finances, consistent with the highest of
        standards. In this accomplishment, in particular, we all should be very
        proud.

In April 2009, at our annual Town Elections, in a spirited contested race, Avril T.
Elkort and I were elected to new three-year terms. Congratulations Avril,
particularly on the commencement of her 8th term! Immediately following the
2009 Annual Town Meeting, the Board reorganized as follows: Gerald A.
Salvatori, Jr., Chairman; Victor D. Del Vecchio, Vice Chairman; John J. Connolly,
Clerk; Robert E. Burr, Jr., Member, Avril T. Elkort, Member.

 On behalf of the Board I would like to thank everyone who has utilized
“Selectmen Direct,” a web-based communication tool that allows citizens to
directly contact and communicate with the Board of Selectmen. We have seen a
dramatic increase, in particular, in this electronic form of communication. All
citizens are encouraged to conveniently communicate with the Board via email at
bos@town.canton.ma.us.

I would like to take this opportunity to thank the Board for their faith in me in
electing me Chairman this year. It has been my honor. I would also like to thanks
the residents of Canton for your faith and support of us as we work diligently to
preserve and protect the Town’s best interests as a whole. Additionally, just as I
know my Board mates appreciate their own families, I would like to thank my
family, particularly my wife and four great children, for their tireless support, care,
and unwavering understanding as perhaps too often duty interferes with private
time. Without that support from our families, our service would not be possible.

 Finally, the Board of Selectmen wishes to recognize and honor all of the brave
men and women who are serving and have served in the armed forces, both
domestically and abroad, to protect our nation and to preserve freedom around the
world.

Respectfully submitted,


Gerald A. Salvatori, Jr., Chairman
Canton Board of Selectmen


                                          22
                    ANIMAL CONTROL DEPARTMENT

                        Richard A.Stein Animal Shelter

                     Mailing Address: 801 Washington St.
                Shelter Address: 150 Bolivar St. (rear of DPW)

                            Telephone: 781-575-6507
                               Fax: 781-575-6594

                          Web Site: www.town.canton.ma.us
                Shelter e-mail: pbastable@town.canton.ma.us

                     Paul Bastable, Animal Control Officer

                    Hours: Weekdays 9:00 AM to 3:30 PM
                          Weekends: By Appointment
                    After Hour Emergencies - 781-828-1212

 In 2009 the Animal Control Department sheltered 126 dogs and 218 cats. For yet
another year there were over 1700 dogs licensed in town. We were called out on
508 incidents and answered over 3,000 phone calls. Of those incidents, 231 calls
were regarding wildlife and 277 were regarding domestic animals. These wildlife
calls are particularly important as our number one priority is to prevent the spread
of rabies.

We participated in the Health Fair again this year and gave out pet food samples,
informational pamphlets and answered questions pertaining to animal care and
wildlife. Many people stopped to look at the video that was put together of the
animals that had been at the shelter during the year. We even managed to adopt
out a dog and a cat while at the Fair.

We had multiple requests by boy scout and girl scout troops and other children’s
organizations to attend their meetings or allow a group outing at the shelter.
These sessions are always enjoyed by the children and give us an opportunity to
educate the public on animal care and wildlife issues.

The coyote presence in town was strong again this year. Many articles and
interviews were made available to the public to help achieve a better
understanding of these animals. As always, the Animal Control Department
strongly urges pet owners to keep their cats inside and not leave small dogs
unattended in back yards. Calls continue to come in regarding missing outdoor
cats and the easiest way to protect your pet is to keep them inside.

There are many people we want to thank for their help and support. Thanks to our
Senior Volunteers Barbara Penders, Beverly Hagen, and Lori Hogan. Thanks to


                                        23
Dr. Paul Andreani and his entire staff at the Canton Veterinary Hospital. Thanks
to the Canton Police and Fire Departments. Thank you to our Board of Selectman,
Town Administrator Bill Friel, the staff of the Town Clerks Office and the MIS
Department for all their assistance and support. Thanks to Buddy Fallon and his
group for helping us to keep it together. Thank you to our local news media, The
Canton Journal, The Canton Citizen, The Patriot Ledger and Canton Cable 8. The
shelter update they print each week is a tremendous help in finding new homes for
our animals and reuniting the lost ones with their families. Thank you to all who
made donations. Whether it was monetary, food or old towels and blankets
everything is very much appreciated.

Thank you to all the animal lovers who helped us give a second chance to so many
pets.



                                                                    Respectfully
                                                                      submitted


                                                              Paul E. Bastable,
                                                                          ACO
                                      Animal Control/Rabies Control Department
                                               Richard A. Stein Animal Shelter




                                       24
                           BOARD OF ASSESSORS



                           William C Galvin, Chairman
                                Rocco Digirolamo
                                 Daniel J Flood



             The Board of Assessors hereby submits its annual report:

    As of the time of printing, the tax rates for Fiscal 2010 have not been set. The
revaluation has not been completed. Hopefully we will have the new values by the
end of February. We thank our very competent staff for their continued assistance.
There are various exemptions for various taxpayers. Please call the office if you
have any questions. We thank the taxpayers for their co-operation while the
revaluation process takes place.



                                                       Respectfully submitted,

                                                            William C Galvin,
                                                                    Chairman




                                        25
                      BEAUTIFICATION COMMITTEE

                                   June Alfano
                                  Marie C. Gibbs
                                 Michael McHugo
                                    Peter Pineo
                             Shirley Morse, Chairman

Meetings as needed and posted---------(781)828-0688

We continue to advise the Selectmen, when requested, regarding "beautification"
to town owned buildings and property.

The Yellow Wood tree at the Wm. Armando Recreation Center continues to be
monitored and cared for. The safety concerns around the two lanterns was
rectified by the building maintenance department. The bench area has been
maintained throughout the year.

We assisted the Library with their lawn care by providing the services of a
professional firm to solve the defined problems.

The Blue Hills Civic Assoc. this year honored Wally and Carol (Marie) Gibbs as
their Citizen of the Year. Carol has been a member of the Beautification
Committee for over 10 years. This committee was happy to donate an appropriate
sign to the Historical Society in their honor. The sign was designed, carved and
painted by local resident, Joe Benson using a replica of an old sign found in the
basement of the building. He donated all his services and we supplied the
necessary materials. The sign is outstanding and is easily viewed by all that pass
the building on Washington St.

As part of the replacement of the wall in front of town hall and the correction of a
 long standing drainage problem that had affected the entire area (including the
brick plaza) we decided to have the engraved bricks reset.. The results were
outstanding and have now enabled us to take orders for a few additional bricks.
The pedestal is temporarily residing at Blue Hills Regional Technical School
under the care of Brian Gearty in the metal fab department. He and the students
will spend the school year restoring the pedestal and it will then be returned to its
place in front of town hall. All monies we expend on these projects come from
funds gained on the sale of the engraved bricks many years ago.

We are hoping to have a new "old" sign made to once again hang on the empty
post in front of town hall at the foot of the stairs leading to Washington St.

It was our pleasure to again this year, supply a live Christmas tree for the front of
town hall. At the proper time it will be planted in town for the enjoyment of all
our citizens.


                                         26
This report would never be complete without thanking Buddy Fallon for his total
cooperation regarding all we try to do. Nothing is ever easy to get done, but with
Buddy's help we seem to be managing. Thank you also to the BOS for their
continued interest in what we do.




Respectfully submitted,

Shirley Morse




                                       27
                            BUILDING DEPARTMENT

                        801 WASHINGTON STREET
                             CANTON, MA 02021
                     TEL: 781-821-5003 FAX: 781-575-6574


                             DEPARTMENT HEAD

                             EDWARD T. WALSH

   BUILDING COMMISSIONER/ZONING ENFORCEMENT OFFICER


INSPECTION STAFF                                    OFFICE STAFF

Paul McCarthy, Local Building Inspector     Marie Brennan, Admin. Assistant
Marc Zade, Plumbing/Gas Inspector       Velma J. Coffey, Department Secretary
Paul Reynolds, Electrical Inspector


                                OFFICE HOURS

                          Monday - 7:30 AM to 5:00 PM
                     Tuesday thru Friday – 7:30 AM to 3:30 PM



Submitted herewith is the Annual Report of the Building Department for the Year
2009.


PLUMBING AND GAS DIVISION

Plumbing permits issued - 507               Fees collected - $41,424.00

Gas permits issued          - 429           Fees collected - $20,333.00

ELECTRICAL DIVISION

Electrical permits issued   - 561           Fees collected - $74,049.00




                                       28
BUILDING DIVISION

SUMMARY REPORT OF BUILDING PERMITS ISSUED

        1.    New Single Familywellings                                 11
        2.    New Two Family Dwellings                                   0
        3.    New Multi-Family Dwellings (62 Units)                      0
        4.    New Commercial/Industrial Buildings                        4
        5.    Additions to Residential Dwellings                        62
        6.    Additions to Commercial Buildings                          4
        7.    Alterations and Repairs to Residential Dwellings         346
        8.    Alterations and Repairs to Comm/Ind Buildings             65
        9.    Signs                                                     22
        10.   Swimming Pools                                             7
        11.   Renewed, Replace Permits                                  43
        12.   Occupancy Permits                                         82
        13.   Temporary Occupancy                                       25
        14.   Stoves                                                    10
        15.   Accessory Buildings, Sheds, Barns, etc                    14
        16.   Demolition Permits                                        19
        17.   Temporary Structures, Tents, etc                          35
        18.   Foundation Permits                                         6
        19.   Amendments to Permits                                     16

TOTAL                                                                  771

TOTAL Valuation on Building Permits Issued                       $7,712,196

Fees collected on Building Permits Issued                         $264,313
Fees collected on Annual/Assembly Certificates Issued             $ 3,775
Fees collected on Plumbing/Gas Permits Issued                     $ 61,757
Fees collected on Electrical Permits Issued                       $ 74,049

TOTAL REVENUE                                                     $403,894



Respectfully submitted,


Edward T. Walsh
Building Commissioner




                                        29
                 BUILDING RENOVATION COMMITTEE

                         Town of Canton, Massachusetts
                              801 Washington St.
                          Canton, Massachusetts 02021


Bob McCarthy Chairman, Tony Salvucci Vice Chairman, Chuck Armando, Chris
Podgurski, Maureen McDonough, At Large Members.

Kevin Feeney, Disabilities; Jim Magee, COPC; Paul Matthews,School Comm;
John Connolly BOS;Paul Gargano,Finance Dept, Frieda Domaingue, Secretary

     During the 2009 year the Building Renovation Committee (“BRC”) continued
its management of the projects approved at earlier Town Meetings. The Following
is a list of some of the projects that were addressed by the Building Renovation
Committee in the past year:

  1) Canton High School: This project was substantiality completed in 2006.
     We are still finalizing several remaining issues with the General Contractor
     and a Sub Contractor to finally close out this project. This will hopefully be
     completed in 2010. The State has reimbursed the Town of Canton Twenty
     Six Million Dollars for this project.
  2) Schools Plumbing: This is a continuing program. It is proceeding on
     schedule
  3) School HVAC: This is continuing program. It is proceeding on schedule.
  4) Luce School Roof Project: This project has been completed
  5) Galvin Middle School: SPED Acoustical Panels. This project has been
     completed
  6) System wide Interschool/ Town Radio System: This project has been
     completed
  7) Police Station: The project to replace all of the floors was completed in
     June 2008. We are working with legal counsel to recoup our costs for this
     necessary replacement against our original Architect and General
     Contractor. We are hopeful of resolving this issue in 2010

    Member of the BRC were saddened by the loss of Paul Matthews this year.
Paul served for many years as a member of the BRC representing the School
Committee. I had the privilege of serving with Paul on the Finance Committee,
School Committee and the BRC. Paul’s untimely death is a great loss to the
Town, the BRC and to me personally.

   I would like to thank our associate members, Ken Leon, Buddy Fallon, Jeff
Kaylor , Mark Lague, Chief Ken Berkowitz, Chief Ronayne and all the other

                                        30
professional employee’s at Town Hall as will as our secretary Frieda Domaingue.
As a volunteer committee these people keep us informed and perform the day to
day work necessary to allow these projects to be completed on time, on budget.


I would like to thank my fellow committee members. Their knowledge and
expertise is what makes this committee functions so well.


    Respectfully Submitted,
    Robert J. McCarthy, Chairman
    Building Renovation Committee




                                      31
                      CABLE ADVISORY COMMITTEE


         Paul Alfano                         801 Washington St
         James Sims                          Canton, MA 02021
         Joseph Webb

    Comcast and Verizon continue to operate cable television franchises in
Canton.

In 2009, Verizon completed their second full year as a cable television franchise in
Canton.

     In 2009 both Verizon and Comcast were required to operate under the same
terms and conditions. This “level playing field” imposed on all cable franchise
operators in Canton was mandated in the Comcast license signed in 1998. That
license to operate a cable television franchise, between Comcast and the Town of
Canton, expired in September 2008.

     In 2009, the Canton Cable Advisory Committee spent many hours in
negotiating sessions with Comcast to renew that license. The Town of Canton
continues to ask for nothing more to have the same terms and same conditions in
the renewed license as Comcast had in the 1998 license. At the end of 2009,
Comcast had not agreed to do that. Comcast customers in Canton should stay
aware of any developments, but they should not fear that their Comcast service
will suddenly stop. It is likely that Comcast will continue to operate, in Canton,
for a long while; as the Cable Advisory Committee, the Town and Comcast
continue to negotiate.

    The cable companies and the Commonwealth regulate cable rates, channel
availability and programming. The Board of Selectmen and the Cable Advisory
Committee have no control over those matters. The Cable companies are
responsible for the broadcast quality of each and every channel on their service.
The Town is concerned about the quality of the local Canton broadcast channels
and continues to negotiate with both Comcast and Verizon for improvement to that
signal.


                                                       Respectfully submitted,

                                                                James R. Sims




                                        32
                      CONSERVATION COMMISSION

                                 Pequitside Farm
                           79 Pleasant Street 2nd Floor
                               Canton, Ma. 02021
                   Office (781) 821-5035 Fax (781) 821-7456
                          concom@town.canton.ma.us


Office Hours:                                  Conservation Agent Hours:
Monday – Thursday                              Tuesday & Thursday
10:00 A.M. to 2:30 P.M.                        9:30 A.M. to 1:30 P.M.
Closed Fridays                                 Appointment Only

Members:                                       Pequitside Sub-Committee:
Robert Doe, Jr. – Chairman                     Kate Merrigan – Chairman
Deb Sundin – Vice Chairman                     Robert MacDonald
James Fitzpatrick – Clerk                      Deb Sundin
Thomas Liddy                                   Bernard Fallon
Robert MacDonald
Dave McLelland
Kate Merrigan

Conservation Agent:                            Office & Recording Secretary
Robert Murphy                                  Heather Cahill

     Conservation Commission holds public hearings on the first and third
Wednesday of every month in the Tavern Room located at the rear of Pequitside
Farm main house. Public Hearings begin at 7:00 P.M. all hearings are open to the
public and recorded by Canton Community Television. Pequitside Sub-Committee
meetings are held on the third Thursday of every month, 9:00 A.M. on the second
floor of the main house of Pequitside Farm. Conservation and Pequitside Sub-
Committee hearing dates are posted on the Conservation website and outside of
the Town Clerk’s office located at the Canton Town Hall.

     Conservation hearings have been somewhat slower due to the downturn in
construction. Never the less, during this time Conservation has been working
diligently to enforce wetland regulations and the storm water by-law.
Conservation is required to review and issue necessary permits for Certificate of
Compliance, Storm Water Permits, Informal Request for Determination and Land
Disturbance Permits.

      Blue Hills Regional High School completed replacing a majority of the siding
and gutters on the Pequitside Farm Main House – the Ed Lynch building and is
due to return at a later date to complete the project. Inside the Ed Lynch building
all the rooms have been repainted with beautiful historical colors, light fixtures


                                        33
have been replaced. One major project remains and that is the installation of a
handicap lift to the second floor. The rooms on the first floor and in the tavern are
available to rent for functions or meetings, for further information please contact
Conservation or download the rental application on the Canton Conservation
website.

    The Historical Barn located at the far end of Pequitside Farm is still in need of
work, unfortunately due to the lack of funding and of volunteer’s no new work has
been done. The barn still needs, fire suppression system, bathrooms, and roof
before it can be used. When the barn is completed it is intended to be used as a
place for assembly and vehicle to meet the educational requirements per the
Federal Storm-Water Act.

     Once again it is the Commissions sincerest wish that all Canton residents are
allowed to enjoy their own land and the public lands surrounding them. But it is
also our wish that we all come to understand the great importance that we have as
a community have to protect our water resources for ourselves and for the many
generations to follow.




                                                 Robert H. Doe, Jr. Chairman




                                         34
                             COUNCIL ON AGING

Members : John J Friel – Chairman, Dr William Sullivan – Vice Chairman, James
Fitzpatrick – Secretary, Betty Lethin, Susan Dooley, Elaine Gilmore and Doris
Goodman. Mrs. Goodman was appointed to the council in 2009 to fill the
unexpired term of Jack Haggerty. Jack Haggerty retired from the Council after
many, many years of service to the elders in Canton.

The Council on Aging Director is Ms Diane Tynan who is a full time employee.
The paid part time staff hours vary from four hours per week to 30 hours per week.
Part time staff members are: Diane Brady – Outreach Worker, Dale Rushworth -
Senior Administrative Aide, Peggy Ciboti – Clerk, Linda Friel – Clerk, Barbara
Perkins – Clerk.

The hours of operation of the Senior Center are from 8:30 AM to 4:00 PM,
Monday through Friday. The main phone number is 781-828-1323.

The Council on Aging through the Senior Center provides services to those
citizens that are at least 60 years of age as well as to any disabled individuals in
our community. Although not officially responsible for a Human Services
function for the Town, the Senior Center provides many of those types of services
to the community. Because the Senior Center staff is so small, this extremely
necessary service is not very robust. Canton definitely needs to address this
underserved need. 2009 was another year of growth in our services to the elder
community. Similar to last year, our elder population continues to grow.

In 2009 the Senior Center logged approximately 9,650 volunteer hours. The many
services provided to our seniors could never be accomplished without this very
large number of volunteers. These volunteers are the lifeblood of so many of our
programs.

In 2009 the recent additional space provided to the senior center by the Canton
Housing Authority was fully functional. This space has provided additional
recreational and social space offering several new programs that have become very
popular. The COA is very grateful to the Canton Housing Authority for this
space. However, as has been noted many times previously the total aggregate
space that we now call a Senior Center is woefully inadequate. We still run a
number of programs off site because we just don’t have the space available at our
current location. In fact the Commonwealths Secretary of Elder Affairs during one
of his visits was surprised at how inadequate our space was for a senior population
in excess of 4,600.

In 2009 more than 27,000 visits were made to the senior center by elders and
others under the age of 60 who are disabled or are just looking for someone to help
them with an immediate personal problem and the Senior Center is the only place
to go in Canton. The Senior Center provided transportation to over 9,000


                                        35
individuals who no longer drive or don’t have a car. These trips are for grocery
shopping, medical appointments, social activities and other personal needs. We
depend on donations from individuals, corporations and groups to augment our
town appropriated budget for transportation. We are most grateful for their
support.




                                           John J Friel, COA Chairman




                                      36
                          FINANCE DEPARTMENT

                  801 Washington Street, Canton, MA 02021
                            Fax (781) 575-6608

    James R. Murgia, Finance Director
    781-575-6612
    jmurgia@town.canton.ma.us

    Susan Desjardins, Asst. Treasurer/Collector
    781-575-6604
    sdesjardins@town.canton.ma.us

    Louis M. Jutras, Information Systems Manager
    781-821-5069
    ljutras@town.canton.ma.us

    Janine T. Smith, Town Accountant
    781-575-6605
    jsmith@town.canton.ma.us

    Hours of operation:
              9:00 AM to 5:00 PM (Monday, Wednesday, Thursday, Friday)
              9:00 AM to 7:00 PM (Tuesday)

                             ANNUAL REPORT

In 2009 the Accounting office experienced quite a bit of turnover. Linda Brooks
transferred from the Payroll Co-ordinator position to become the Police Chief’s
Administrative Aide. Audrey Cohen transferred from the Accounts Payable Co-
ordinator position to become the Recreation Director’s Secretary and Paul
Gargano resigned as Town Accountant to join an auditing firm.

Susan Brown was hired as Payroll Co-ordinator and along with Connie Marsland
has presently assumed the Accounts Payable Co-ordinator duties.

Janine Smith was hired as our new Town Accountant. Janine had previously
worked for the Town of Plymouth as their Accounting Officer, so we are very
pleased to have been able to hire an individual with strong municipal experience.

All of these individuals have settled into their new positions and are performing
their duties exceptionally well.




                                        37
The Finance Department contributed to several major accomplishments during the
year:

•   Received from the Government Finance Officers Association their Certificate
    of Achievement for Excellence in Financial Reporting due to our preparing a
    Comprehensive Annual Financial Report (CAFR) for fiscal 2008. This is the
    third year we have received this award after preparing a CAFR and plan on
    doing this annually.

•   Prepared a Comprehensive Annual Financial Report for fiscal 2009, which is
    available on the Town’s website.

•   Issued $6.4 million of bonds in May 2009 with Morgan Keegan being the low
    bidder at an interest rate of 3.26%.

•   Collected 99.5% of the property taxes due for fiscal 2009.

•   Invested cash balances resulting in interest income of $406,000 in fiscal 2009.

•   Submitted various financial reports to the Department of Revenue who then
    certified the Town’s free cash reserve as of June 30, 2009 to be $1.7 million.
    This “rainy day fund” along with $3.2 million in our Stabilization Fund will
    help to maintain the Town’s excellent bond rating and to fund one-time
    unforeseen expenditure needs.

•   Overhauled Library Network by installing new Switches, Firewall, and
    Server.

•   Added archiving functionality for purchase orders and checks and added e-
    mail capability for Direct Deposit advices which saves on printing supplies
    and manpower.

•   Added the Metropolis Ice Rink and Cable Access Studio to the Town
    Network.

•   Received approximately 400 on-line service requests.

•   Received approximately 4250 on-line tax payments.

•   Upgraded various computer systems, network printers, and software
    applications and installed 14 new desktop computers.




                                        38
We have prepared a comparative balance sheet and statement of revenue and
expenditures for the Town’s general fund. We have also prepared a report on trust
fund cash balances and long-term debt.

I would like to thank all Departments, Boards, Commissions, Committees and the
Finance Department staff for their cooperation during the past year. The
accomplishments of the past year were the result of the hard work and efforts of
this entire group of professionals.


Respectfully submitted,

James R. Murgia
Finance Director




                                       39
40
41
42
43
44
                 EMERGENCY MANAGEMENT AGENCY

                                 Frank LaBollita
                          Chief Emergency Management

                Cell Phone (781) 603-5592 Fax (781) 821-2953

                               fall26@verizon.net

Charles E. Doody, Deputy Director,       James A. Fitzpatrick Jr., Deputy Director,
Plans, Operations & Training             Logistics & Damage Assessment


          During the past year the Canton Emergency Management Staff assisted
The Hellenic Nursing & Rehabilitation Center in developing an agreement with
the Canton School Department for mutual emergency sheltering operations. We
are also worked with The Board of Health with their Medical Reserve Corps
program.

          The Federal Emergency Management Agency and the Massachusetts
Emergency Management Agency have awarded the town a $2,500 grant to
upgrade the towns Comprehensive Emergency Management Plan.

        First responders and supervisors continue to receive National Incident
Command System training through the efforts of the Canton Fire Department.

           In closing, I wish to thank the Board of Selectmen for their continued
support and interest in the town’s readiness posture, as well as all of the various
town departments and individuals we interact with. In particular I would like to
thank Chief Thomas J. Ronayne III CFD (ret.) for his dedicated support and
guidance during the years we worked together.


Respectfully submitted,

Colonel Frank LaBollita, USA Retired
Chief Emergency Management Director




                                        45
                            FIRE DEPARTMENT

Charles E. Doody                                               Scott Johnson
Chief of Department                                            Deputy Chief
cdoody@town.canton.ma.us                          sjohnson@town.canton.ma.us

                  99 REVERE STREET, CANTON, MA 02021
              Business: 781-821-5095          FAX: 781-821-0956
        Fire Administration Hours – Monday-Friday, 8:00 AM – 5:00 PM

                              EMERGENCY 911

On behalf of the men and women of the Canton Fire Department, it is my pleasure
to submit the 2009 Annual Report to the Town of Canton.

Our Mission is to protect the lives and property of the citizens of Canton by
providing the highest possible level of service through fire prevention, public
education, fire suppression, emergency medical services and mitigation of the
effects of natural and manmade disasters.

Administration: The Canton Fire Department underwent a changing of the guard
in 2009. Chief Thomas J. Ronayne, III retired in October after 40 years of service
to the department. The members of the department wish him well in his
retirement.

Charles Doody was appointed by the Board of Selectmen as Chief of the
Department on November 1, 2009. Scott Johnson was promoted to Deputy Fire
Chief and Thomas Driscoll was promoted to Lieutenant.

Operations: The Canton Fire Department extinguished 72 fires of various types
and responded to over 3,600 emergency calls including 2,600 medical calls. The
Department also took delivery of two new ambulances and purchased two state of
the art 15-lead defibrillators which enable paramedics to analyze and treat
advanced cardiac problems in their patients. The Emergency Medical Division was
also selected by Norwood Hospital to participate in an on-going study that
employs the use of a new technique for Cardio Pulmonary Resuscitation.

Fire Prevention: The Fire Prevention Division continues to be active in
maintaining and enforcing life safety and fire codes. 950 permits were issued
generating approximately $28,000 in fees for the Town of Canton. Life safety
inspections were conducted in various occupancies such as restaurants, bars,
churches, schools, apartment buildings and buildings used for public assembly. We
continue to work closely and cooperatively with the Building Department to
ensure both new and existing buildings meet today’s life safety standards.


                                       46
Fire Education: Canton Fire Department was awarded a fire education grant
(SAFE) for $4,464.00 from the Executive Office of Public Safety to educate
students and the general public in fire safety education.

Finally, wish to thank the Simoni Foundation and the Canton Association of
Industries for their generous donations. The Department was able to purchase
ice/water rescue equipment as well as two EMS bicycles which will be utilized for
emergency medical response in heavily congested areas during large outdoor
events such as the Block party, July 4th celebration, and Irish Festival.




Respectfully Submitted,
Charles E. Doody
Chief of the Department




                                       47
                             BOARD OF HEALTH

                            Located at Pequitside Farm
                                79 Pleasant Street
                               Canton, MA 02021
                            Telephone: (781) 821-5021
                               Fax: (781) 821-0337

Julie E. Goodman, Ph.D., DABT; Chairman
Robert P. Schneiders, Vice Chairman
Paul J. Alfano, Clerk
John L. Ciccotelli, R.S., C.H.O., Director of Public Health and Medical Reserve
                     Corps Director
Administrative Assistant: Diane J. White
Public Health Nurses: Terri Khoury, R.N., Jane Pratt, R.N.
Sanitarians: Timothy Marble, R.S., Carl J. Bruno, R.S.
Recording Secretary: Karen D. Murphy
Senior Citizen Assistants: Dorothy Hennessey, Robert Lyons

Hours of Operation: Monday – Friday, 8:00 AM to 4:00 PM

In Memoriam to Health Agent Alexander Thompson:
Alexander Thompson retired Health Agent, in the service of the Board of Health
and the Town of Canton, passed away in March 2009.

Retired: Animal Control Officer, Ellen Barnett, retired in October, 2009, after
many years of dedicated service to the Town of Canton responding to various
domestic animal and wildlife complaints, and apprehending stray or problem
animals and seeing that they were humanely treated and placed in appropriate
settings.

      *             *             *             *             *             *

     The Board of Health’s main responsibility is to create a healthy environment
that will facilitate the prevention of illness in the residents of the Town of Canton
through proactive undertakings as well as through inspection and regulation, and
enforcement of public health law. It is charged with responding to the Town’s ever
changing public health and emergency preparedness needs.

    In April 2009, Paul J. Alfano was elected to a three-year term and served as
Clerk for the Board of Health. Dr. Julie E. Goodman, PhD, served as Chairman;
Robert P. Schneiders served as Vice Chairman.




                                         48
    Ellen Barnett, Jenna Barnett, and Paul Bastable, Canton’s Animal Control
Officers were nominated by the Canton Board of Health as the Town’s Animal
Inspectors and appointed to that position by the Massachusetts Department of
Food and Agriculture (DFA). Dr. Paul Andreani continues to work cooperatively
with the Town’s Animal Inspectors to ensure all State DFA requirements are met.
Pets are a common feature in many families in Canton and the Board of Health
recognizes that the health of animals can directly influence the health of those who
come in contact with them.

     Director of Public Health, John L. Ciccotelli, assisted by Health Agents
Timothy Marble and Carl J. Bruno conducted a total of 730 food investigations,
inspections, re-inspections, enforcement actions, and follow-ups on food
businesses in Canton. The ongoing list of investigations and inspections conducted
in 2009 includes, but is not limited to, housing, public and semi-public pools, haul
offal trucks, camps, ice rinks, canteen trucks, general public health nuisance
complaints, and septic system installation inspections along with witnessing soil
and percolation tests. John Ciccotelli reviewed Title 5 onsite sub-surface sewage
disposal systems plans and food service establishment plans for approval as well
as reviewed applications for all new permits issued by the Board of Health. The
Director also exercised the Board’s enforcement authority to ensure that activities
in Canton are in compliance with all relevant Federal, State and local regulations
and statutes. The Board of Health continues to enforce all State regulations and
local Board of Health Regulations affecting, food, camps, pools, housing, trash,
nuisances and onsite sub-surface sewage disposal systems. In total, the Board
issued 612 permits encompassing all phases of the Boards’ responsibilities.

     Public Health Nurse, Terri Khoury, successfully coordinated the 2nd Annual
Summer Safety Fair in May, 2009, with health and safety activities geared toward
families and their children, and was attended by over 500 residents. The Summer
Safety Fair included family entertainment, safety demonstrations, programs
concerning sun protection, bicycle safety, food safety presentations, child car seat
safety, CPR basics, animal exhibits, and pool safety. Many Town Departments, as
well as other outside agencies contributed to the success of this event.

     The 22nd Annual Health Fair was held in November 2009. Thirty-five
exhibitors offered a wide range of informational booths for various health related
issues as well as screenings for, among other things, skin cancer, cholesterol and
diabetes.

    Public Health Nurse, Jane Pratt, conducted tanning, ear piercing, and tobacco
vending establishment inspections. With the cooperation and assistance of the
Canton Police Department and local teen volunteers, Jane Pratt, monitored tobacco
establishments for compliance with random checks being made throughout the
year in an effort to continue Canton’s decline in the number of underage minors
purchasing tobacco products. In 2009, no incidences of non-compliance with the
tobacco laws were found. According to the State Tobacco Control Program,


                                        49
Canton exceeds the State average with regard to establishments in compliance
with the tobacco control laws and has fewer smokers in all categories than the
State average. In conjunction with her other duties as a public health nurse and
tobacco control agent, Jane Pratt also conducted sixty-three Chapter II Public
Housing inspections to assure tenant/landlord compliance with State housing
regulations.

     The Public Health Nurses continued to operate influenza vaccine clinics
through December 2009, and conducted eight seasonal flu clinics and distributed a
total of 1230 doses of Seasonal Flu vaccine. Nursing staff members provided a
total of 74 weekly health clinics including blood pressure clinics, as well as
diabetes and cholesterol screenings, and provided 180 Vitamin B12 injections.
Over 650 home and office visits were conducted throughout the year. Other
nursing programs included prostate cancer early detection programs, employee
health programs, and a State mandated expansion of the sharps (biohazard needle)
drop off and collection.

     In 2009, the world experienced its first pandemic in decades, the A(H1N1)
strain of Influenza (Swine Flu), which affected countries and communities from all
segments of society. Canton was no exception and saw its share of cases. But due
to the planning and preparation by the Board of Health as well as the training of
the Canton Medical Reserve Corps, the Town of Canton was prepared to combat
this disease by vaccinating large numbers of individuals and keeping the incidence
of illness to a minimum. In all, six A(H1N1) vaccination clinics were held with a
total of 2,440 people being vaccinated including 1,459 Canton students. Special
credit belongs to Public Health Nurse, Terri Khoury for taking the lead in
organizing these flu clinics. Additional recognition belongs to Administrative
Assistant, Diane White, Public Health Nurse, Jane Pratt, and Public Health
Director, John Ciccotelli, for having done yeoman’s work organizing and setting
up the clinic. Lastly, special thanks go to the Canton Medical Reserve Corps
volunteers who carried out the work of vaccinating the citizens of Canton, and the
Town departments who helped with the heavy work, as well as clinic safety and
security.

    In 2009, John Ciccotelli applied for and was awarded over $29,500 in grant
funds to help the Town of Canton cope with the additional costs that would be
incurred with preventative steps that would be taken to help prevent cases of
A(H1N1) flu, and the operation of the A(H1N1) flu clinics. In addition, another
$7,154.33 was awarded to the Board of Health to offset costs related to Canton’s
public health emergency preparedness.

CONTINUING INITIATIVES:

    In 2009, as in 2008, the number of mosquitoes, and therefore the threat of
West Nile Virus and Eastern Equine Encephalitis, was far less than in years past.
The Board of Health, in conjunction with the Norfolk County Mosquito Control


                                       50
Program and the Massachusetts Department of Public Health, continues to monitor
these epizootics. Canton acts as the repository site for bird samples to be tested for
infection of West Nile Virus from Canton, Stoughton and Sharon. However, due to
the extremely low incidence of mosquito pools testing positively for WNV, bird
samples were not collected in 2009 for testing by the State.

     The Board of Health continues to update its user-friendly website and health
education tool at http://www.town.canton.ma.us/health/health.htm, by adding new
links to public health related information and notifying the public of recalls or
other health alerts as warranted.

     Director of Public Health, John Ciccotelli, continues to upgrade the Board of
Health’s Emergency Dispensing Site (EDS) Plan. In 2009, the revised plan was
evaluated by the State under its Technical Assistance Review (TAR) initiative and
received an above average score. The EDS Plan will enable the Board of Health,
with the assistance of the Canton Medical Reserve Corps, as well as other
agencies, to distribute needed medications or vaccinations from the Strategic
National Stockpile (SNS), to the entire population of Canton within 48 hours in
the event of a catastrophic natural or manmade epidemic. John Ciccotelli and Terri
Khoury were also both reappointed to Canton’s Local Emergency Planning
Committee.

     The Canton Medical Reserve Corps (CMRC) has become a vital resource of
both medical and non-medical volunteers who regularly train and conduct drills in
order to respond to any large-scale medical emergencies or pandemics. It is part of
the subregional Medical Reserve Corps which consists of six surrounding towns
that make up the Emergency Preparedness Region 4B, Subregion 3 Medical
Reserve Corps, (4b Subregion 3 MRC). The 4b Subregion 3 MRC has been
affiliated with the US Surgeon General’s Office. The Board of Health funds the
CMRC entirely through State, Federal and private institutional grants. The CMRC
is always seeking additional volunteers and anyone willing to invest the time and
energy in this admirable endeavor are always welcome.

     The Board of Health continues to monitor the State’s progress with cleaning
up the hazardous waste disposal site at the Canton Airport to ensure the continued
removal of contaminated soil and remediation of this brownfield, and to make it
safe for public use once again. The Board also participated in a forum of
concerned citizens to address whether or not certain cancers in the Ponkapoag area
of Town might be connected to past hazardous waste spills. Although State health
officials have studied the matter and have found no connection, the Board will
continue to watch for any new developments in this area and take any appropriate
action that may become necessary.

    The Board wishes to thank to John L. Ciccotelli, Director of Public Health;
Terri Khoury and Jane Pratt, Public Health Nurses; Diane J. White, Administrative
Assistant; Carl J. Bruno and Timothy Marble, Health Agents; Ronald Pasquorosa


                                         51
Jr., Animal Burial Agent; Karen D. Murphy, Recording Secretary; Ellen Barnett,
Jenna Barnett, and Paul Bastable, Animal Inspectors; and Dr. Paul Andreani,
Veterinarian, Dr. D’Agostino, medical advisor to the Board of Health, and the
Medical Reserve Corps volunteers, who have made this department more
responsive to the public health needs of Canton’s residents.

    Special thanks are also given to the volunteers who help carry out some of the
Board’s innovative programs that could not come about without their invaluable
help and assistance.

    The Board of Health looks forward to improving its service to the citizens of
Canton and working with all Town Boards, Commissions and Committees.

Respectfully submitted,

Julie E. Goodman, Ph.D., DABT; Chairman
Robert P. Schneiders, Vice Chairman
Paul J. Alfano, Clerk




                                       52
                        HISTORICAL COMMISSION


                             801 Washington Street
                               Canton, MA 02021
                           Telephone – 781-828-0073

    Wallace Gibbs – Chairman                 James Fitzpatrick –vice chairman
    Michael Nourse – member                   MaryAnn Byrne - member
    George Comeau – member                   Kathleen Keith - member
    John Burke – member                      Patricia Johnson – alternate
    Thomas Keleher Jr. – alternate           Stephen Hagan – clerk


     The Commission is responsible for the identification and recording the
historic assets within the town. In addition it is responsible for the development
and implementing of a Historic Preservation Plan. Inventories of historic sites and
buildings are an ongoing project with over 350 completed.

    The Commission continues to administrate the towns Demolition Delay By-
law, working with developers to preserve historic properties.

    On September 9th 2009 the National Register of Historic Places, which is part
of the National Park Service under the Department of the Interior, officially
recognized Canton Corner as a Historic District.

      The Canton Corner Historic District spans approximately 170 acres and is the
first recognized historic district in the town. The area includes Washington Street
from its intersection with Pecunit Street to just beyond its intersection with
Dedham Street, a small portion of Dedham Street, Pleasant Street to just beyond
Pequitside Farm and Canton Corner Cemetery.

    This area of town is the oldest remaining establishment of the town going
back to the early 18th century.

    The Canton Historical Commission considers this designations a point of
pride for the neighborhood and the community.



                                                      Respectfully submitted,


                                                    Wallace Gibbs, Chairman




                                        53
                            HOUSING AUTHORITY


Board of the Canton Housing Authority                         660 Washington St
Chairman - Martin Dorian                                     Canton, MA. 02021
Vice Chairman - William McDaid                                    781-828-5144
Board Members - Jill Duggan, Ronald Grinnell, Glen Hannington
Executive Director - Mark Roy                              cantonhous@aol.com

        Hours of Operation: 8:00AM to 4:00PM W 12:30PM to 4:00PM

The Canton Housing Authority reports the following activities for 2009.

The Housing Authority continues with its modernization work. We finished up the
roof at the Hemenway and the concrete stairs at our Veteran’s family housing. A
great big thank you goes to the Canton DPW – who finished up the landscaping
around the concrete stairs. We were able to save a few thousand dollars by paying
DPW staff as opposed to a contractor. The DPW also deserves our thanks (as do
Sal Salvatori and the Board of Selectmen) for the installation of a new stone wall
at Hagan Court. The old wall was crumbling and had become a safety issue.

We also replaced the two boilers at the Hemenway this year. One of the boilers
was over 30 years old and had been condemned by the State insurance agent.
Usually, things need to get an “emergency” status before the State can fund them.
As we all know, the State budget is completely strapped, and there are over 50,000
units of state public housing – with an estimated $2 billion worth of work needed.
It has been determined by a Harvard Cost Study that housing authorities receive
about ½ the amount of necessary operating funds. The Canton Housing Authority
actually receives no funds for the day to day operation of the agency. We rely
solely on the rent from our tenants, which averages $360/month. It is an extremely
difficult task that we are asked to perform.

Thanks to emergency funds, we were able to do the necessary electrical work and
window replacement to bring two family units back on line. And most recently, we
had to repair the elevator at the Hemenway – at a cost of $5000. This money
actually came out of future funds that each housing authority will begin to see on
an annual basis – for capital planning. This new “formula funding” approach will
give each housing authority a set amount of money to plan and carry out future
capital projects. It is a much better approach than the “wait to get emergency
funds” approach of the past. Of course, everyone recognizes that the amount of
funding is still extremely inadequate. But it is a good first step. And credit goes to
Governor Patrick and his team at the Department of Housing & Community
Development (DHCD). We also want to thank our Executive Director, Mark Roy,
who serves on many statewide committees (including the one that is developing
the formula funding program). It is because of his outreach that we have been able


                                         54
to get the modernization dollars for all these projects. He has also managed to get
our housing authority included in a statewide contract for solar panel installation
(the only housing authority in the State to be included).

We wish to thank Sheriff Michael Bellotti and the Community Outreach Program
for their help over the past couple months. They have been helping with cleaning
and painting of units to help us with our unit turnover – which has been higher
than usual. We look forward to working with them in the future.

Our maintenance staff – Peter, Mike, Jim and John – managed to turn over 30
elderly units and 4 family units this past year. Most of the family units were
complete rehabs. We thank them for all their hard work, as well as our
administrative staff – Brenda & Denise and our volunteers Ann & Nancy!

The Canton Housing Authority manages 202 units of elderly housing, 33 units of
family housing, 12 units of barrier-free housing, 8 Massachusetts Rental Housing
Vouchers, and we host 28 Section 8 Vouchers.
The wait list for elderly, Canton residents continues to be very short. The age
requirement is 60. Our family wait list is currently closed to standard applications.
We will continue to accept emergency applications, and as a reminder, local
residents are given a priority.

The Board holds its monthly meetings on the second Tuesday starting at 6:00pm at
the Hemenway School.

We wish to express our continued appreciation to the Town, our staff and the
residents for their support in our efforts to provide decent, safe, sanitary, and
affordable housing within our community.

Respectfully submitted,


Martin R. Dorian, Chairman
CANTON HOUSING AUTHORITY




                                         55
                   HUMAN RESOURCES DEPARTMENT
                          Upper Memorial Hall
                         801 Washington Street
                           Canton, MA 02021
                 Tel: 781-821-2936 Fax: 781-575-6602
                              Lori Soloway
    Human Resource Administrator         Lsoloway@town.canton.ma.us
                 Office Hours: Monday-Friday 9:00 – 5:00 p.m.
It is my pleasure to present the 2009 Annual Report for the Human Resources
Department.
Human Resources plays an important role for all town and school employees by
serving as an employee advocate and a management partner, a delicate balance at
times. As a municipality we are charged with providing a wide range of services
to our employees, residents and visitors, all of which are delivered by our
employees, therefore our employees are our most important commodity.
The Human Resource Department works to ensure compliance with the Town of
Canton’s personnel policies, procedures, regulations, legal obligation, and
contractual obligation; oversees personnel actions of all town departments,
participates in labor negotiations, manages classifications and compensation plans
and provides training to managers and employees. Human Resources also provides
support to departments and employees regarding leave administration, CORI
policy compliance, the workers compensation program and recruiting including
advertising, interviewing, hiring, advising, pre-employment requirements and
benefits orientation to eligible town and school employees.
The HR dept provides benefit administration services to over 640 school and
municipal employees and to over 425 retirees.
In 2009 there was little turnover. From the Town, three (3) full-time employees
resigned and four (4) employees retired. Three (3) full-time employees and seven
(7) part-time employees were hired to fill vacant positions. Recruitment for these
positions included a national search to recruit for the Fire Chief position and a
state search to recruit for the Town Account position. Congratulations to Charles
Doody who was promoted to Fire Chief from the Deputy Fire Chief position and
to Janine Smith, the new Town Accountant. From the Schools, over 30 benefits
eligible employees were hired. This does not include seasonal help which is also
hired throughout the year.
The following initiatives have been accomplished over the past year:
•   The Family Medical Leave Act was amended to include the new Military
    benefits.
•   A Fire Evacuation Plan was created for town hall.         Both HR and Fire
    partnered together on this initiative.


                                       56
•   With an eye to the ever-increasing costs of healthcare, The Human Resources
    has partnered with the Canton Public Schools to create and promote health
    and wellness among our employees. The results of a successful wellness
    initiative include lower health care costs, decreased absences due to illness
    and increased productivity as well as a healthier employee. Our Health
    Wellness initiatives include:
         •   An annual health and wellness fair. The day was well attended and
             included screenings for blood pressure, cholesterol, cancer screening
             and massages with participation from all companies offering benefits
             to the town of canton and several local businesses. All vendors who
             participated provided a generous raffle. Many thanks to each and
             every vendor.
         •   A “Go Walking” program with free pedometers to each of the 50
             participants.
         •   Monthly newsletters that address important and current issues.
         •   Weight Watchers was brought to Town Hall.
         •   A reminding call from our health insurance that health services are
             available with a phone call to nurses on duty 24/7.
•   The Human Resource Website continues to remain updated as new information
    is made available. Please see: http://www.town.canton.ma.us/hrdept/hr.htm
•   We will continue to explore health insurance trends in order to promote long
    term savings while still providing a secure benefit to our employees.
•   This year we responded to the employees many requests by adding a new
    dental plan – the enhanced dental plan. Over 200 retirees and employees
    joined.
•   Our legal obligation to post State and Federal mandated posters was updated.
    Newly updated posters were added in locations throughout the town.
I look forward to another year of working with the Town Employees, Boards,
Commissions and Committees. I am grateful to the Board of Selectmen and
Jennifer, Judy, and Tina for their friendship and Administrative Support. A
special thanks goes out to Bill Friel, Town Administrator for his great support. I’d
like to thank Ellen Jones-Arsenault for her help and support with the
administration of employee benefits. She has gone above and beyond and I
couldn’t have done it without her. I also want to thank Susan Brown, Connie
Marsland and Debbie Brackman for their support in making sure that employee
benefits and compensation are running smoothly. It makes my job easier.

Respectfully submitted,
Lori Soloway
Human Resource Administrator



                                        57
                              PUBLIC LIBRARY

Kathy Fox-Alfano, Chairwoman                                   786 Washington St
Joan Schottenfeld, Vice-Chairwoman                            Canton, MA 02021
Peg Mead, Secretary                                     Telephone: 781-821-5027
Betty Chelmow email:                                              calib@ocln.org
George T. Comeau                                    Mark Lague, Library Director
Nancy Mark                                             director: mlague@ocln.org
Dorothy Shea                                Hours of Service: Tue-Thu 10:00-9:00,
Joyce Wiseman                                      Fri-Sat 10:00-5:30, Closed Sun
                                         (Children’s Library Closed Tues 5:30pm)

Nancy Mark, Joan Schottenfeld were reelected to the Board; Joyce Wiseman was
newly elected. The Board reorganized following Town Meeting, with Kathy Fox-
Alfano, elected Chairwoman, Joan Schottenfeld, Vice-Chairwoman, and Peg
Mead, Secretary. Betty Chelmow served as liaison to the Blue Hills Community
Partnership. Joyce Wiseman was appointed to serve as Liaison to the Friends of
the Library. Director Mark Lague continued to serve on the Executive Board of
the Southeastern Mass. Library System. George Comeau was reappointed by
Governor Deval Patrick to a second term as Chairman of the Massachusetts Board
of Library Commissioners.

State minimum standards for Library Certification were met for FY09 at a
regulatory accommodation level of 75% of the minimum standard resulting in a
pro-rated award of $10,353.83 in state aid. As a net-lender to other communities,
the Library also received a $4,070.26 grant from the Southeastern Regional
Library System. Library revolving funds earned $16,124.41 in extended loan fees
and $3,875 from rental of meeting rooms.

In addition to municipal budget expenditures, the library spent $25,488.03 from
State Aid, $15,180.12 from Contributions, $16,014.54 was spent from revolving
funds, and $4,736.70 from trust funds. These expenditures were used almost
entirely for public-use materials to enable us to meet minimum standards for State
Certification.

The number of items loaned increased 11.9% over last year to 282,122 items, and
book borrowing alone increased by 13%. There was an 11% increase in visits to
the library over last year to 152,379.

Circulation Librarian Ilene Kramer retired after 25 years of service and was
honored at a public reception in October. The Trustees and Friends of the Library
also honored Mark Lague for 25 years of service as Library Director. Mary
Owens was promoted to the professional Staff Librarian position to head up the

                                       58
Circulation Department and Carolyn Elkort was newly hired to take over as
Library Associate for Reference Services.
The Friends of the Library, under the dynamic leadership of Deni Garabedian,
Anne Goetze, Mary Jane Mangan and other members of the Executive Board,
continued to build upon their success in enhancing the vitality of the Library,
raising important financial resources while supporting social and cultural
opportunities for the community through imaginative programs.
Special performances included Lisa Yves tribute to Bette Midler and Richard
Clark’s portrayal of Mark Twain, both enjoyed by over 100 people. Overall the
number of adult and children’s programs increased again over last year, from 211
to 227, and participation increased from 4845 to 6778. This is 53 more programs
and twice the program attendance as in FY07. The Friends of the Library raised
funds with two book sales and monthly raffle baskets. Anne Goetze and Renate
Clasby were honored as the “Friends of the Year” for many individual
contributions and for their Book Sale collaborations. The Friends subsidized
professional landscaping services, a defibrillator, book trucks, and supported the
Children’s Library with an Early Learning Fun (ELF) computer, a Wii Gaming
Console and flat-panel monitor, a Puppet Theater, and a Public Performance
License which allowed a number of movies to be shown. The Friends teamed
with the library staff and Trustees to offer a Library Sleepover Party for Little
Princesses. Regular adult programs continue to grow. The popularity of our Open
Book Coffeehouse has thrived with the enthusiasm of Library Friend Emily Prigot.
Thanks to Frieda Domaigne who facilitated our Film & Discussion Series and the
many leaders of the “Friends with Books” Reading Club.

The Reference Librarians offered ongoing computer training and homework
assistance. Software training was added to our on-line offerings. Playaways, and
Academic Courses on DVD were added to the scope of our collection. Adult
literacy classes were provided through our partner the Stoughton A.B.E. A
number of programs on real estate and personal finance were presented. An eight-
part program Finding a Job in Today’s Market, was conducted by professional
consultant Ed Sussek to whom we are very grateful.

The Children’s Librarians hosted library tours for all kindergarteners, and visited
first grades and daycares. Thanks to the continuing loyalty of CPD officer Kenny
Drynan, children enjoyed reading their favorite books to Jake the (therapeutic)
reading Dog one Saturday each month. Doll-making, and Play & Learn through
the Canton-Dedham-Sharon Partnership, were offered along with a regular series
of 72 story times and craft programs. The Children’s Summer Reading program,
set a record for participation with 389 kids reading 5081 books.

Community groups of all ages continued to use the library for their activities, from
Cub Scouts, to the Mom’s Club to The Retired Men’s Club. The Library is home
to the Canton Art Association, whose monthly exhibits enliven our gallery walls.
The Garden Club hosted workshops and provided a seasonal decor to our building
and grounds.


                                        59
Thanks to the assistance of the MIS Department, the library improved the integrity
and reliability of its public computer services, implementing a new print,
management, and recovery system for our network, and improved internet
bandwidth and security, while reducing the need for staff intervention.

We thank our many volunteer staff and senior program workers without whom the
library would be unable to maintain its hours of service. About 72 individuals
recorded 3,713 hours of service. Special thanks to John Healy a Simmons Library
School student who diligently indexed our historical archives through the summer.
We recognize the dedication and commitment of our staff in serving the people of
Canton, and we are grateful for the cooperation of all town departments in the
common cause of service.

We are grateful for the support of the people of Canton, and to all who contributed
to the Library, either directly or through the Friends. We acknowledge especially
the generous gifts to the Library from Drs. Thomas and Irene Kelley, Harvard
Pilgrim Health Care, the Lions Club, the Moms’ Club and the families and donors
to the memory of Lucille Doherty and Jo Morgan.

Respectfully submitted,

Kathy Fox-Alfano, Chairwoman, Board of Library Trustees
Mark Lague, Director




                                        60
         LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)


The LEPC is made up of a collection of people based in our community that have
formed as a means to ensure that the Town of Canton is prepared to respond to an
emergency situation. LEPCs were required to be formed by all communities
through legislation prompted by the federal government, by an act of Congress
called the Comprehensive Environmental Response, Compensation Liability Act
(CERCLA).


This act spawned other environmental legislation, one such law was commonly
known to the public as “the superfund law”, which was technically called the
Emergency Planning and Community Right to Know Act of 1986 (EPCRA).
Through this legislation, the LEPC organization formed within each State as well
as the community level. LEPC’s have four responsibilities:

    1.   To adopt a comprehensive emergency response plan for the community
         and keep it updated;

    2.   To receive information about accidental chemical releases;

    3.   To collect, manage and provide public access to information on
         hazardous chemicals in the community; and

    4.   To educate the public about the risks from accidental and routine releases
         of chemicals and work with facilities to minimize the risks.

Although originally chartered to address chemicals risks in the community - -
LEPCs have evolved to become more of a “Homeland Security Committee” for
local towns and address the sensitivities associated with community safety, bio-
terrorism, general terrorist threats, and preparedness needs in the event of a
widespread evacuation.




                                        61
    MASSACHUSETTS WATER RESOURCE AUTHORITY (MWRA)
                   ADVISORY BOARD


                   Edward M. Sullivan, Canton Representative


Unfortunately, the state of the Commonwealth’s economy has deteriorated and, as
in the recent past, no debt service funds are available. This circumstance will
continue to have a serious effect on MWRA member community wholesale and
retail water rates. In addition, as rate payers use less water, the Town and the
MWRA who rely heavily on the revenue from the sale of water to pay for salaries,
operations and maintenance (O&M), debt service, and for necessary projects, need
to raise additional funds.

This year, Canton’s usage again declined, forcing a midyear rate adjustment
recommendation for water of +17% as of January 1, 2010. This increase is on top
of the +10% water rate increase on July 1, 2009.

The bottle bill fee recommended by the Advisory Board has not been enacted and
is “bottled” up in the Legislature. These funds could be used to replace the
significant loss of the aforementioned debt service revenue.

The Advisory Board is also working to have the State address a potentially serious
problem related to invasive species that could infiltrate and have a very adverse
impact if allowed to spawn in the Quabbin Reservoir or other drinking water
bodies. One species in particular, the zebra mussel, has been detected in a pond
not far from Quabbin. It could be catastrophic if this species invades the water
supply. It is known to attack local species’ food supplies and clog pipe intakes.
The Advisory Board has taken an aggressive proactive approach by
recommending that private boats be banned from Quabbin and that independent
studies be funded to address the issue.

In summary, the Advisory Board continues its efforts on behalf of the ratepayers
by working with the MWRA, the Legislature, and local officials.




                                       62
              METROPOLITAN AREA PLANNING COUNCIL

The Metropolitan Area Planning Council (MAPC) is a regional planning agency
serving the people who live and work in Metro Boston. With a mission to promote
smart growth and regional collaboration, MAPC’s work is guided by our regional
plan, “MetroFuture: Making a Greater Boston Region.”

Despite economically challenging times, MAPC has proudly helped the 101 cities
and towns in Greater Boston in navigating the recession with an eye toward
preserving our region’s vast resources for future generations. Whether in the area
of public safety, open space preservation, clean water, affordable housing,
transportation equity, sustainable development or inter-municipal cooperation,
MAPC is uniquely positioned to bring cities and towns together for the betterment
of the region as a whole. Our work encompasses many facets of living and
working in Massachusetts, but is always guided by smart growth principles, and
the philosophy that collaborative approaches can best solve regional issues.


Guiding Future Development and Preservation

With MAPC’s progressive new regional plan, “MetroFuture: Making a Greater
Boston Region,” the agency is helping to guide both development and
preservation in Metropolitan Boston, now through 2030. The plan was approved in
December 2008, and campaigns for its implementation were launched to the
public at an energizing event in June 2009. With the plan officially in place,
MAPC’s work has turned to advancing and measuring its implementation. Since
the plan’s adoption, MAPC staff has worked hard collecting input from hundreds
of MetroFuture friends and supporters, whose ideas have helped craft four initial
MetroFuture campaigns: Green Jobs and Energy, Local Smart Growth Planning,
Transportation Investment and Zoning Reform. At the June 9, 2009 MetroFuture
kickoff event, more than 300 people gathered to discuss and advise MAPC on
strategies for advancing the first three campaigns. MAPC also released “From
Plan to Action: A MetroFuture Summary,” an accessible guide to MetroFuture
goals and implementation strategies, which is available online at www.mapc.org
and www.metrofuture.org. In 2010, MAPC will continue to advance the
MetroFuture campaigns and engage the “Friends of MetroFuture” in this work.
We are also establishing a Regional Indicators Program to assess the region’s
progress in achieving MetroFuture’s goals, as well as MAPC’s effectiveness at
undertaking the implementation strategies. We are pleased that two of our partners
in establishing the MetroFuture plan are continuing their support of
implementation. The Boston Foundation has contributed to MetroFuture
implementation broadly, while an anonymous foundation has funded
establishment of an Equity Report Card. One way MAPC is advancing
MetroFuture is through our work with the Massachusetts Smart Growth

                                       63
Alliance (MSGA). Through MSGA, MAPC has successfully advocated for
policies and initiatives that advance sustainable and equitable development,
including increased state investment in transit and other transportation options, the
state’s “Gateway Cities” revitalization program, and meaningful zoning reform.
MSGA is also working with the Massachusetts Water Resources Authority
(MWRA) to make sure that expansion of the MWRA is accompanied by smart
growth requirements and water conservation.

Through the MSGA, MAPC is also working with MassPIRG – the Massachusetts
Public Interest Research Group – as well as Smart Growth America and other
groups on the national “Transportation for America” campaign, which urges
federal transportation policies that are consistent with smart growth principles. We
are also working with leaders from across New England in the “New England
Regional Rail Coalition,” an association of planning, environmental, municipal
and business groups from all six New England states that came together this year
to improve the region’s competitiveness for rail investments. MAPC also counts
itself a member of Smart Growth America’s “State and Regional Caucus,” which
brings smart growth-focused organization leaders from across the country.

MAPC is also a founding member of “Our Transportation Future” (OTF), a
coalition of business, labor, planning and environmental groups who are pushing
for increased investment in the state’s transportation infrastructure. OTF played a
key role in the 2009 transportation debate around reform and revenue. Although
our effort to achieve an increase in the gas tax failed, the Legislature did commit
$275 million in funding to transportation from an increase in the sales tax.

MAPC strives to make every major development project in the region compatible
with MetroFuture and the state’s Sustainable Development Principles. One way
we do this is through our active involvement in the Massachusetts Environmental
Protection Act (MEPA) process. As we study and comment on major
developments, MAPC communicates our perspective and recommendations to
developers, municipalities, and state officials. In 2009, MAPC evaluated and
commented on several key projects, including the Urban Ring, the South Coast
Rail project, Lowell Junction, Beacon at 495, Route 18 in Weymouth and
RiverGreen Technology Park. Of special note is the “Commons at Prospect Hill”
project in Waltham. MAPC collaborated with the 128 Central Corridor Coalition –
which includes Burlington, Lexington, Lincoln, Waltham and Weston – to submit
several joint comment letters to MEPA for this project.

Our MEPA comments consistently seek to minimize and mitigate traffic impacts,
to expand transit, bicycle, and pedestrian alternatives, to safeguard critical
environmental resources, to limit storm water impacts through “Low Impact
Development (LID),” and to encourage a mixture of commercial and residential
uses.




                                         64
Better Planning through Technical Assistance

Cities and towns throughout the region continue to seek out MAPC for technical
assistance on a variety of issues. Much of MAPC’s “on the ground” technical
assistance work for municipalities has been made possible through funding from
the District Local Technical Assistance program (DLTA). This program was
created by the Legislature and Governor Deval Patrick in 2006 to assist
communities with a variety of land use planning activities, especially expedited
permitting of commercial and industrial projects. The program is now entering its
third funding round, and it has been expanded to assist municipalities to
regionalize planning, procurement and service delivery.

Using DLTA funding matched by the town, MAPC worked with Danvers to create
mixed-use bylaws for targeted portions of Danversport. The bylaws were crafted
after extensive public input, including a “Visual Preference Survey” using
Photoshop and Pictometry imaging tools, as well as a survey of Danvers residents
on industrial-type uses. In addition, the “Danvers Mixed Use Report” suggested
zoning revisions to other targeted industrial areas, and designed and presented a
public program on the feasibility of using the state’s 40R Smart Growth Zoning
program to redevelop parts of downtown Danvers.

MAPC staff also helped several municipalities to apply for federal stimulus money
made available through the American Recovery and Reinvestment Act (ARRA).
With assistance from MAPC, Revere received $485,000 from the U.S. Department
of Energy to help pay for the installation of a new roof with built-in photovoltaic
panels and high efficiency air conditioning units at the Beachmont Elementary
School.

Throughout 2009, MAPC develop the Malden Master Plan, utilizing Community
Viz software, which helps community members visualize themselves inside four
different scenarios for future residential development in Malden. MAPC staff used
Community Viz in a live demonstration to compare alternative zoning scenarios
and their impacts on different Malden neighborhoods. Participants provided
instant feedback on each scenario using wireless keypads; following discussion,
they voted on their preferred option. MAPC began work on a Housing Production
Plan for Bellingham. The plan includes an analysis of housing supply and demand,
an analysis of barriers to development, a map series, and will include an extensive
implementation plan with strategies to help the town achieve and maintain
affordable housing goals. The work will also include formation of a “Municipal
Affordable Housing Trust Fund Board of Trustees” to oversee implementation
activities.

MAPC staff worked on housing publications this year, including one with The
Citizens Housing and Planning Association (CHAPA), titled “The Use of Chapter
40R in Massachusetts As a Tool for Smart Growth and Affordable Housing
Production.” An advisory committee on the project will explore policy


                                        65
improvements in light of the information revealed by the report. Staff also assisted
the Massachusetts Housing Partnership on a Municipal Affordable Housing Trust
Fund guidebook, which explains strategies for setting up a trust and gaining
approval from the local legislative body.

This year, MAPC began working with municipalities that wanted help
collaborating on the joint delivery of services, and these efforts were also funded
under DLTA. Two of the projects focused on consolidating public health services
among Arlington, Belmont and Lexington, and between Melrose and Wakefield.
The Melrose/Wakefield project was implemented mid-year and met with success
by year’s end. Working with the public health directors of Arlington, Belmont and
Lexington, MAPC staff helped to build an organizational framework and
governance structure for a single regional health department designed to serve the
three towns with improved service quality through a cost-effective approach.
Action is expected at the 2010 spring town meetings. Several other DLTA projects
addressed public safety concerns. In the first, MAPC assisted in creating a
regional emergency communications center (RECC). A vendor was selected at
the end of the year and the study will begin in January. A second project would
regionalize an emergency planning committee (REPC) among seven communities
in and around Norwood. MAPC researched model organizations, proposed a
structure and set out a plan for implementation.

Another pair of projects focused on consolidation of fire services. Melrose and
Wakefield asked MAPC to help them examine the potential of jointly providing
fire department services, such as inspections, fire safety services and dispatch.
Ashland and Hopkinton asked MAPC to help them evaluate combining their fire
departments as a means of mitigating economic pressures. MAPC staff, aided by
fire service professionals, collected data, analyzed response times and build-out
trends, station locations and equipping and staffing, to deliver a report of findings
and recommendations for next steps. Through our work with school departments
on the North Shore, MAPC staff also developed a combined teacher training
schedule for seven departments and helped create a joint job posting system
designed to improve applicant pools, provide efficient candidate screening and
lower advertising costs.

Encouraging and Supporting Collaboration among Municipalities

Subregional councils are a primary means of communication between MAPC and
member communities, and MAPC continually seeks to expand participation in
these councils. Each municipality in the MAPC region is included in one of eight
subregions, led by a staff coordinator; the Metrowest Growth Management
Committee plays this role in MetroWest, but is governed by an independent board,
on which MAPC serves.
Subregions provide a venue for citizen input into regional planning as well as a
forum for local elected officials, planners, community organizations, legislators
and businesses to exchange information. Over the past year, subregional meetings

                                         66
addressed a wide variety of planning topics, such as the Ocean Management Act,
the Green Communities Act, Scenic Byways, water usage, using GIS, economic
development and more.

MAPC also facilitates regional dialogue and joint municipal action among chief
elected and appointed officials in the region. Among the most prominent of such
efforts are the Metro Mayors Coalition and the North Shore Coalition, which bring
together mayors and city/town managers to collaborate across municipal
boundaries.

The Metro Mayors helped further the mission of MAPC this year by responding
quickly to the emerging economic crisis. MAPC has taken an active role in
working to help cities and towns avoid layoffs and become more efficient, through
efforts like legislative advocacy in support of a comprehensive municipal relief
package, of local options taxes, of participation in the Group Insurance
Commission (GIC), and by studying the feasibility of regional 911 call centers in
the Metro Boston region. MAPC also helped cities share information and develop
strategies to cope with the foreclosure crisis.

A regional anti-youth violence initiative is another example of regional
collaboration that MAPC helps to foster. Over the past three years, MAPC helped
nine Metro Mayors Coalition cities, 10 North Shore Coalition municipalities, and
two MetroWest towns to secure more than $2 million annually in funding through
the state’s Charles Shannon Community Safety Initiative. MAPC is the fiduciary
agent and program manager for these funds, helping communities to implement
multi-jurisdictional, multi-disciplinary strategies to combat youth violence, gang
violence and substance abuse. In August 2009, the Metro Mayors Coalition hosted
its Second Annual Shannon Grant Basketball Tournament in Somerville.
Participants in the tournament included law enforcement, prevention partners and
youth.

MAPC continues to perform fiduciary, planning, and project management services
for the Northeast Homeland Security Regional Advisory Council (NERAC),
managing $4.65 million in grant funding for 85 cities and towns north and west of
Boston. In 2009, MAPC took on the role of fiduciary for all four regional
homeland security councils across the Commonwealth, managing $13.4 million in
grant funds and performing grant management, procurement and financial services
for all four, while managing a team of three other regional planning agency
partners who staff and support the Southeast, Central and Western councils.
MAPC also participates in statewide homeland security planning efforts along
with participants from several state agencies and all homeland security regions.


MAPC has expanded its fiscal management role in the public health arena as the
“host agent” for the Region 4A Public Health Coalition, a cooperative of 34 public
health departments ranging from Wilmington to Wrentham, between I-95 and I-


                                       67
495. MAPC assists the coalition in utilizing more than $485,000 for emergency
and pandemic preparedness efforts. As H1N1 “Swine Flu” pandemic concerns
spread across the state, MAPC hosted an additional $1.2 million in grant funding
to provide vaccine clinics throughout the 4A region.

Preparing for Natural Disasters

After recent storm events – such as the Northeast ice storm in December 2009, and
several heavy rains storms that caused flooding this summer – residents across the
region are more aware than ever of the severe effects of natural disasters. To help
allay these effects, MAPC completed Natural Hazard Mitigation Plans for 32 cities
and towns in 2009, on top of the 41 other plans completed in recent years. Each
plan includes a GIS map series depicting areas subject to various natural hazards,
an inventory of critical facilities and infrastructure, a vulnerability analysis, and a
mitigation strategy with recommended actions to reduce vulnerability.

In 2010, MAPC will be completing the final set of plans for the region, helping 17
more communities. MAPC will also begin work this year on updating and
renewing the Hazard Mitigation plans for 19 communities on the North Shore and
South Shore, whose original plans were completed in 2005. FEMA requires that
the plans be renewed every five years to reflect current data and conditions.

In many communities, Brownfield sites such as abandoned industrial facilities
hold much potential for redevelopment and community revitalization if properly
cleaned up. MAPC is working collaboratively with Peabody and Salem using a $1
million EPA Brownfields grant to assess several Brownfield sites in the two cities.
The sites are important for Peabody’s plans to mitigate flooding in the downtown,
and also for the expansion of open space, greenways, and economic development
in both cities.

Municipal Savings through Shared Procurement

Some 35 communities are saving up to 20 percent on purchases of office supplies,
paving services, and road maintenance by participating in MAPC’s Regional
Services Consortiums. MAPC performed multiple procurements for municipalities
in four consortiums in the South Shore, MetroWest, North Shore, Metro
Northwest, and Merrimack Valley regions. Similar savings were realized by the
300 members of the Greater Boston Police Council (GBPC). During 2009, MAPC
continued to broaden its array of GBPC-sponsored vehicle contracts to provide
choices, convenience, and quality for public safety departments needing police
cruisers, SUVs, general use vehicles, a range of trucks from light to very heavy
duty, and a selection of hybrid vehicles. Overall, 187 vehicles were purchased,
totaling more than $12 million in sales.
In 2009, MAPC began its partnership with the Fire Chiefs Association of
Massachusetts (FCAM) to develop a collective procurement service model to
address the high cost of fire apparatus and ambulances. MAPC procurement


                                          68
services will continue to be attractive as local governments face mounting budget
constraints. Making Data Accessible to All Good planning requires access to good
data. MAPC works to collect and analyze regional data and to make this data
available to the public, while helping to increase analytic capacity at the local
level. Users throughout the region and around the world can access information
about MAPC communities through our ever-expanding Web-based mapping site,
www.MetroBostonDataCommon.org.

In an effort to develop an even more effective next generation of the
DataCommon, MAPC is working closely with our colleagues in the Open
Indicators Consortium (OIC), which includes data intermediaries from throughout
the nation. OIC is working with researchers at UMass Lowell to develop an “open
source” technology to add more powerful analysis tools for researchers and a more
intuitive interface for novice users.

Although users can access the DataCommon for most of their needs, MAPC still
responds to daily data requests from municipalities, organizations, individuals, the
media and state agencies. In 2009, MAPC answered more than 200 on-demand
data requests. In July 2009, MAPC held its biennial “Data Day” conference and
received an overwhelming response, with more than 350 in-person attendees and
at least 100 participating in a webcast. This conference, sponsored by MAPC,
Northeastern University and The Boston Foundation’s Boston Indicators Project,
helps communities and non-profits to expand their capacity to use technology and
data to advance their goals.

MAPC continues to incorporate cutting-edge planning and technology tools into
our region’s planning processes. Using Google SketchUp and Community Viz,
MAPC created a 3-D computer model of Weymouth Landing to enable planning
workshop participants to take a “virtual tour” of the district – as it looks now and
as it might look with different types of new development. The visualization tool
helped participants to focus future solutions and supported a lively discussion
about the types of development that should be encouraged. A Digital Media and
Learning grant from the MacArthur Foundation funded the development of the
region’s first planning video game. The Participatory Chinatown Project, a
partnership with Emerson College and the Asian Community Development
Corporation, is exploring how a planning video game that utilizes a 3-D virtual
environment can facilitate citizen engagement in a neighborhood master planning
process. The 3-D virtual environment augments the debate about new
development, bringing in additional information, tracking effects of different
decisions, and showing the results of those decisions so participants can
experience what the space would look like under varied scenarios. MAPC is an
official Census affiliate, working with our municipalities and the Donahue
Institute at UMass Boston to prepare for a complete and accurate count during the
2010 Federal Census, and to ensure that subsequent annual Census estimates are
also accurate. MAPC provides training and assistance to municipalities and



                                        69
community-based organizations to help ensure that everyone in our region is
counted.

Getting Around the Region

Transportation – and equitable access to reliable transit – is a major focus of
MAPC’s work. The agency serves as vice-chair of the Boston Region
Metropolitan Planning Organization (MPO), which establishes
transportation funding priorities for the region. We conduct studies and develop
plans to support transportation improvements, and advocate for a well-funded,
accessible transportation system that provides choice and mobility. We also
encourage the coordination of transportation and land use policies at the state,
regional and municipal level.

MAPC is working along Route 9 – with Southborough, Framingham, Natick and
Wellesley – to plan for anticipated growth in that area. In Phase 1 of this study,
MAPC estimated the potential retail, office and industrial growth allowed under
existing zoning adjacent to the roadway. This allowed MAPC to estimate likely
increases in daily vehicular trips, as well as morning and evening peaks, for 56
zones in the corridor. In Phase 2, MAPC and the communities are studying
alternative land use patterns to determine if these changes, along with mitigation
measures such as improved transit, can allow growth without gridlock along Route
9. Future economic development along parts of the already congested Route 128
corridor could lead to traffic increases of more than 50 percent on 128 and on local
streets. In 2010, MAPC will complete a corridor plan with Weston, Lincoln,
Waltham, Lexington and Burlington calling for establishment of a multi-modal
transportation center along the Fitchburg commuter rail line, along with other
steps to increase bus, pedestrian, and bicyclist opportunities.

To reduce existing and anticipated congestion and safety problems along Route
495 between Route 290 and the Mass Pike, MAPC and the Central Massachusetts
Regional Planning Commission (CMRPC) worked with area communities and
local business groups to look at a range of roadway, transit and land use options.
The report’s findings will be the starting point for a more detailed follow-up study
to identify the specific steps to relieve congestion, to improve safety and to
manage land use.

This year, MAPC broke new ground by working with Boston, Brookline,
Cambridge and Somerville to secure a vendor to establish a regional bike sharing
network, modeled after a successful system in Montreal. The system is projected
to have several hundred bike-share stations throughout Boston, Cambridge,
Somerville, Brookline, and Arlington within the next several years. The goal of the
program is to increase mobility options within the Inner Core and to replace short
automobile trips with biking. MAPC managed the procurement process and is
helping each city establish contracts with the vendor, The Public Bike System
Company. Finally, In 2010 MAPC will work with communities along Route 2 to


                                        70
better coordinate regional transit service and prepare for the effects of large
transportation changes along the corridor in the coming years.

Charting a Course to Regional Prosperity

MAPC’s economic development work is based on a Comprehensive Economic
Development Strategy, updated annually. This report presents current economic
trends in a format useful to public officials and community-based organizations. It
is also an important fundraising tool. In 2009, MAPC leveraged $3.5 million in
funding from the U.S. Economic Development Administration to help fund new
research and development space for the Fraunhofer Center for Sustainable Energy
Systems in Cambridge. The Center is dedicated to serving the research needs of
the sustainable energy industry, helping established industry as well as first time
entrepreneurs move clean energy technologies from the laboratory to the
production line. MAPC also collaborated with North Shore InnoVentures, a life
science business incubator, to locate the new Cleantech InnoVenture Center
(CIVC) in the heart of Lynn. CIVC specializes in catering to the needs of clean
energy and clean technology businesses that have already proven the value of their
new product and are preparing to manufacture. MAPC is supporting the
innovation economy in Massachusetts by working collaboratively with business-
driven organizations in every part of the region. Job creation remains the goal.
What has changed are the tools we use to create jobs: information technology,
transfer of knowledge, communication systems, and decision support tools that,
together, harness the creative energy of people from different industry sectors,
professional backgrounds, and cultures. MAPC is a regional information hub that
catalogs commonly-held barriers to component parts of the innovation economy
and facilitates a unified response on how to best mitigate these barriers.

From Beacon Hill to Capitol Hill

Making change on Beacon Hill requires dedication to advocacy and coalition-
building. Under the guidance of our Legislative Committee, MAPC works with the
Patrick Administration, legislators, and stakeholders of all stripes to advance
legislation and policies across a diverse set of issues. These issues include
budgetary appropriations for programs as wide-ranging as the Charles Shannon
Community Safety Initiative, the District Local Technical Assistance Program,
and the Census Estimates Program. MAPC advocated successfully for passage of
numerous bills, from legislation enabling cities and towns to locally opt for meals
and hotel taxes, to the recently passed reforms of our transportation system. We
continue efforts to make it easier for cities and towns to regionalize municipal
services, to improve and better fund the successful Community Preservation Act,
to create a system to convey and reuse surplus state land in ways that are
consistent with smart growth, and to reform health insurance for municipal
employees.
MAPC is also increasingly active in Washington, working with the Obama
Administration and our Congressional delegation to revamp the way transportation
is funded in America, with an increased emphasis on lowering greenhouse gas

                                        71
emissions through a greater emphasis on transit. We are collaborating closely with
the National Association of Regional Commissions and other allies to establish the
so-called “sustainable and livable communities” program, which will fund the
development and implementation of regional plans like MetroFuture.




                                       72
          THE THREE RIVERS INTERLOCAL COUNCIL (TRIC)
       Canton, Dedham, Dover, Foxborough, Medfield, Milton, Needham,
        Norwood, Randolph, Sharon, Stoughton, Walpole and Westwood

The Three Rivers Interlocal Council (TRIC) is includes thirteen communities
southwest of Boston. Taber Keally, Town of Milton, is the Chair. Steve Olanoff,
Town of Westwood, is the Co-Chair. The purpose of TRIC is to disseminate
information and encourage regional collaboration.

In 2009, TRIC met monthly to discuss issues of local and regional significance.
Participants at TRIC meetings can include Local Council Representatives,
municipal staff, Town Administrators, and Chambers of Commerce, and business
owners. The Local Council Representatives who attend often represent additional
town boards and committees as well. TRIC sponsored a Legislative Breakfast in
2009 that brought together members of the Massachusetts State Legislature,
municipal officials, and municipal staff for frank discussion of current municipal
issues and state response to those issues. TRIC channels information to and from
towns.      The Boston Region Metropolitan Planning Organization solicits
information and perspective from TRIC on annual transportation plans that direct
federal infrastructure dollars. Information regarding land use and transportation
planning is directed to TRIC communities, information regarding public policy
advocacy is directed to elected officials who represent TRIC communities, and
TRIC communities comment on issues of significance by submitting comment
letters to state and federal officials, and by participating in Environmental Impact
Review processes.

Current growth and development issues that are both significant and shared
throughout the TRIC communities include the potential for South Coast Rail
construction to negatively impact local economic development and to adversely
impact privately held property. Also, traffic congestion on municipal roads during
peak travel hours currently create unsafe travel conditions as commuter vehicles
avoid congested principal and minor arterial roads to cut through smaller local
streets designed to service residential neighborhoods. There is a critical mass of
interested municipal staff and citizens within almost every TRIC town that wants
to understand parking issues in their town and village centers as a first step to
finding the balance between too much and too little parking.

The I-95 Corridor Transportation Study, currently underway and conducted by the
Massachusetts Department of Transportation, will evaluate transportation issues in
the I-95 and Route 1 corridors from Dedham to Attleboro. Towns in the TRIC
subregion are directly impacted by both of these principal arterial roads and are
eager for the study to be completed. The timely completion of The Canton
Interchanges Project remains a critical concern for TRIC communities.




                                        73
                  NORFOLK COUNTY COMMISSIONERS


             A Message from the Norfolk County Commissioners

                        FY2009 Annual Report Message


To the Citizens of Norfolk County:

Incorporated in 1793, the County of Norfolk includes twenty-eight cities and
towns, mostly located to the South and West of Boston.

Norfolk County is known as the County of Presidents because it is the birthplace
of four Presidents of the United States: John Adams, John Quincy Adams, John F.
Kennedy and George Herbert Walker Bush.

County government is responsible for regional services which include the Registry
of Deeds, County Agricultural High School, Sheriff’s Department, County
Engineering, Trial Court facilities maintenance, Wollaston Recreational Facility,
and other departments and services.

The national economic crisis which reached a precipitous stage in the Fall of 2008
affected both private and public sector activity at every level, and Norfolk County
was no exception. County revenues are directly impacted by the real estate and
credit markets, which were major centers of the crisis and historic adverse
conditions.

The County implemented a range of measures to reduce costs while continuing
efforts to maintain and improve services. Although at a reduced level, capital
improvements continued to be made to County facilities. A complete list of
projects is listed elsewhere in this report.

As in past years, we wish to take this opportunity to thank the County’s
department heads and employees, as well as elected officials, both state and local,
for all their efforts on behalf of Norfolk County and its communities.

As County Commissioners, we are privileged to serve you.

                                                                 Very truly yours,


                                                    Francis W. O’Brien, Chairman
                                                                   John M. Gillis
                                                                 Peter H. Collins



                                        74
NORFOLK COUNTY MOSQUITO CONTROL PROJECT




                  75
                              PLANNING BOARD

                              801 Washington Street
                               Canton, MA 02021
                               Tele: 781-821-5019
Christopher J. Connolly, Chm.
Gary Vinciguerra, Vice Chm.
Kristin J.B. Mirliani, Clerk
George Jenkins
Jeremy J. Comeau
Suzanne Feigen-Office Staff
      The Planning Board reorganized in April, 2009, at which time Christopher
J. Connolly was voted in as Chairman of the Board. Mr. Connolly is a local
Canton attorney and graduate of Holy Cross. The Board welcomed Kristin J.
Mirliani to the Board, an attorney and graduate of St. Lawrence Univ. and , Boston
Univ. School of Law and appointed her Clerk.

           The Planning Board is charged with reviewing plans under the
Subdivision Control Law, M.G.L Chp. 41, Sec. 81-A-Z and the Town of Canton
Subdivision Rules and Regulations. The Board signed fourteen “Approval Not
Required” plans, approved one definitive subdivision plan and reviewed nine
commercial site plans as technical advisors to the Zoning Board of Appeals. The
Board also endorsed fourteen A.N.R., "Approval Not Required", Plans which
require a determination that they do not constitute a subdivision under the
Subdivision Control Law.

         During the Annual Town Meeting of April 2009, the Planning Board
presented to the Town Meeting, seven Zoning articles all of which public hearings
were duly noted and held at the Town Hall. At the Annual Town Meeting, a new
By-law pertaining to Wind Energy, a Mixed Use By-law, and a designed area for
the Mixed Use By-law won approval.

          New to the Town, the Board welcomes Alfredo-Aiello Foods which won
site plan approval and will be opening a new store at an abandoned gas station at
the entrance to Canton on Washington Street.

            In total the Board held nineteen meetings and reviewed twenty-five
plans, all of which the Board wishes to thank our consultant engineer, Thomas
Houston and his firm of P.S.C. for his continued work in reviewing the technical
aspects of a plan for the Planning Board and helping the Board reach a decision
that is in the best interests of the Town.




                                       76
          Also our sincere appreciation goes to Town Counsel, Paul Derensis and
the firm of Deutsch/Williams for their legal advice to Planning Board matters, the
Engineering Division, and the Building Department for their support to the
Planning Board.


                                                           Respectfully submitted

                                               Christopher J. Connolly, Chairman
                                                CANTON PLANNING BOARD




                                       77
                           POLICE DEPARTMENT



Dear Resident,

I would like to dedicate this report to Barbara Smith. Barbara was a long time
employee of the Canton Police Department serving as the administrative aide to
both Chief of Police Peter Bright and myself. Barbara’s budgeting and
administrative skills were instrumental in keeping the Canton Police Department
running smoothly. Barbara’s conscientiousness and thoroughness was an asset to
our department and to our town. She is missed.

The issue that generates the most calls to the police department, other than
emergency calls for service, continues to be citizen complaints and concerns about
traffic violators. As a result, Mobile Operation officers were deployed on both the
day and evening shifts to target and apprehend operators who speed. We have
worked closely with citizens and neighborhoods that are impacted the most. In
addition, we have partnered with other town departments to put traffic calming
measures in place where they are legitimately needed. We look forward to
continuing this multifaceted approach in 2010.

The Canton Police department continues to work closely with our community
partners, in an effort to proactively safeguard our community. In keeping with this
philosophy we have continued to place police officers at both Canton High School
and the Blue Hill Regional High School. In addition, detectives assigned to the
Canton Police Department’s Bureau of Criminal Investigations continue to work
closely to fight drugs, recover stolen property and conduct follow up
investigations that lead to the apprehension of criminals.

In June of 2009, the Canton Police Department added police K-9 “Bosco” to its
list of resources. Bosco along with his handler Officer Scott Brown began regular
patrol duties in June, after completing 6 months of intense training. “Bosco”
specializes in Search and Rescue and Search and Apprehension.

Even with the economic downturn and the looming threat of terrorism the men and
women of the Canton Police Department continue to distinguish themselves and
continue to display our core values, Courage, Dedication and Professionalism,
CPD.

In Service,

Kenneth N. Berkowitz
Chief of Police




                                        78
                        OFFENSES 2009


Assault Battery                             45
A&B (Domestic)                             14
AB (Dangerous Weapon)                       22
Arson                                        1
Burglary House                             40
Burglary Building                          10
Disorderly                                  12
Disturbing Peace                             2
Drug Possession A                            1
                   B                         4
                   C                         0
                   D                       15


Drug Distribution A                          1
                   B                         3
                   C                         0
                   D                         5


Larceny Under                               28
Larceny Over                               147
Larceny Motor Vehicle                      14
Operating Under the Influence of Drugs       0
Operating Under the Influence of Alcohol   27
Shoplifting                                10
Trespassing                                11
Violation Rest. Order                      10




                             79
             PUBLIC BLDGS. & PROPERTY MAINTENANCE

                          79 PLEASANT STREET
                            CANTON, MA 02021
Bernard J. (Buddy) Fallon                         Tel. 781-821-5015
Supt. of Bldgs. & Properties                      Fax. 781-821-2138
e-mail                                   bfallon@town.canotn.ma.us
Hours of operation                    Mon.-Thurs. 7 AM to Midnight
Emergencies                                                    24/7


The Department currently has 5 full time maintenance positions, one part-time
Secretary @ 5 hours per week and one part-time Electrician @ 5 hrs. per week.
The department is responsible for the maintenance and cleaning at the following
facilities.


Memorial Hall                                               801 Washington St.
Pequitside Farm                                                  79 Pleasant St.
Police Station                                             1492 Washington St.
DPW Garage                   maintenance only                   150 Bolivar St.
Little Red House             maintenance only                    93 Pleasant St.
Water Dept. Bldg.            maintenance only                       41 Pine St.
Fire Station 1               maintenance only                     99 Revere St.
Fire Station 2               maintenance only                   7 Sassamon St.
Animal Shelter               maintenance only                   160 Bolivar St.
Armando Recreation Facility maintenance only                     92 Pleasant St.
Ponkapoag School             maintenance only              2400 Washington St.
Cemetery Bldgs.              maintenance only              1600 Washington St.




Respectfully Submitted

Bernard J. Fallon




                                      80
                       PUBLIC WORKS DEPARTMENT
Administrative Office & Engineering Division:   801 Washington Street-Lower Level
     Hours: 8:00 AM to 4:00 PM                          781-821-5023

Water Division Administration                   801 Washington Street-Second Floor
    Hours: 7:00 AM to 3:30 PM                           781-821-5017

           Michael Trotta                Superintendent of Public Works
           Daniel Teague                 Operations Manager
           James Donovan                 Town Engineer
           Peter Berteletti              Highway Supervisor
           Ron Redquest                  Water & Sewer Supervisor
           Larraine Redquest             Water & Sewer Billing Coordinator

It is the mission of the Department of Public Works to ensure the value and
maintenance of the existing infrastructure of the Town of Canton as well as to
promote an investment in its future, thereby providing for the health and well-
being of its Citizens.

The Department of Public Works, acting through the Superintendent and
Managers, will provide these services in a cost effective, responsive, and
accountable manner, according to generally accepted municipal standards. The
services will be provided with a commitment to constant improvement.

                 HIGHWAY & MAINTENANCE DIVISION
The Highway & Maintenance Division is responsible for the upkeep of Town
roads, sidewalks, trees, drains, the Canton Corner Cemetery, and the maintenance
of all equipment. Its activities include sweeping streets, repairing or reconstructing
roads and sidewalks, providing winter maintenance, cleaning catch basins on all
public streets, and repairing both DPW and other Town owned vehicles and
equipment.

The Washington Street Revitalization project was completed. New curb,
sidewalks, and road surface were installed on Dan Road. The Division assisted
with the cataloging and inspection of over three hundred drainage outfall locations
throughout the Town.

All streets were swept three times and over eight hundred fifty catch basins were
cleaned.

Streets were sanded or plowed 26 times. Storms totaled 62 inches.

                         ENGINEERING DIVISION
The Engineering Division provides technical support and project co-ordination for
the Department as well as for other Town Boards and agencies. The Division also


                                         81
inspects and approves contract and private work, which add to the infrastructure of
the Town.

The Division completed in house design and oversaw the reconstruction of
Memorial Hall Stone Wall and Dan Road Upgrade. The funding of Dan Road was
through a State Grant secured by the joint efforts of the Selectmen’s Office and
Engineering. In response to a State mandate, the Division set up and began to
administer a trench safety permit program. Efforts continued on Storm Water
Outfall Inspection Program.

                          WATER & SEWER DIVISION
The Water & Sewer Division is responsible for the operation and maintenance of
the Town’s water and sanitary sewer systems. The division provides safe and clean
drinking water from Town wells and the MWRA. Sanitary waste is removed
through the sewer system and transferred to the MWRA interceptor and Deer
Island treatment facility. Water and sewer ratepayers support the Division.

Waterline Industries, Inc. completed the Pecunit St. Water Facility. Tata &
Howard, Inc. is completing permitting and design for the second water treatment
facility. Tiffany Equipment Corp., Inc. completed work on the High St- Tolman
St. Water Main Project and began work on Phase II Water Main Upgrade.

Design was completed for the Greenlodge Sewer project. Construction bids were
accepted in December 2009. Construction of Phase IIIC Inflow and Infiltration
Sewer Rehab. was awarded to National Waterline Cleaning. Construction is
scheduled to start in spring 2010.

                                  REFLECTION
The Department’s job can not get done without the commitment and determination
of the men and women that make up the Public Works Team. This dedication
shines through rain, wind, cold, snow, the adverse conditions they face everyday
to keep the Town safe and its’ infrastructure usable for all.

The Department congratulates John Redquest for thirty-five years of service, Jo-
Anne Cole for twenty five years, James Penza, Alan White, and Karen Welch for
twenty years, Gary Amando for fifteen years, Richard Gilson, Charles Lenhart,
James Marshall, Dan Teague, Dan Ouzounian, David McDonald, and Toby Cibotti
for ten years of service. Our shared success is built upon their commitment and
effort.

                                                           Respectfully submitted,


                                                   Michael Trotta, Superintendent




                                        82
                          RECREATION DEPARTMENT

Office hours – Mon. – Fri. 9 am to 5 pm               Phone 781-821-5030
e-mail: jkaylor@town.canton.ma.us

     The Recreation Commission in 2009 continued to offer a complete variety of
leisure activities for ages three through senior citizen. The residents of Canton
supported their Recreation Department as over 155,000 visits were made to
Recreation facilities and programs in 2009. The Playground program drew
approximately 1509 youngsters to its activities and special events. The swimming
pool at Bolivar had a 64 day attendance of 7,360. The pool also served 237
children who participated in Red Cross swim lessons. Numerous other programs
were offered throughout the year including: arts and crafts, magic lessons, golf,
gymnastics, tennis, volleyball, flag football, track, basketball, skating, lacrosse,
softball, drama, pre-school music, dolphins swim team and field hockey.
     Pequitside Day Camp in its 24th year was a success. The eight week camp
served 171 children ages 6 through 10 with a positive recreation experience
including: arts and crafts, sports, swimming, and field trips.
     The Commission for the 24th year sponsored a Summer Band Concert series.
The concerts this year were performed at the Canton High school complex. The
series held on four Wednesday’s in July and August and was well attended.
     The Metropolis Skating Rink ended its 29th season with an excellent record.
Approximately 35,000 persons patronized the rink throughout the 30 week season.
Several youth and adult groups, school groups, and figure skating groups use the
facility. The Commission continues to be proud of the fact that for 29 years the
skating rink has operated on its own revenues and at no expense to the Town’s
taxpayers.
    The Commission was able to sponsor Town-wide special events in 2009.
These included: Outdoor Movie Night, Easter Egg Hunt, Halloween parade,
Carnival at Devoll field, the annual Block Party, and the Senior Citizen Christmas
Party.
     The Recreation Commission maintenance staff completed many field projects
during the year including: renovation and sodding of the Galvin school playing
field, renovation and seeding of the Salah and Kennedy playing fields...
     The Commission would like to thank all of it’s employee’s, and volunteers
for continuing to make the Recreation Departments programs successful.


Respectfully submitted,

Larry Bogue, Chairman




                                        83
            BLUE HILLS REGIONAL TECHNICAL SCHOOL

The Blue Hills Regional District School Committee is pleased to submit its
Annual Report to the residents of the Town of Canton.

Blue Hills Regional Vocational Technical School continues its steadfast
commitment to providing the highest caliber academic and vocational instruction
to district students in grades nine through twelve, and to those receiving
postgraduate training. The nine towns in the district include Avon, Braintree,
Canton, Dedham, Holbrook, Milton, Norwood, Randolph, and Westwood.

Mr. Joseph A. Ciccolo is the Superintendent-Director. Mr. Aidan G. Maguire, Jr.
serves as the Secretary and Canton representative on the Blue Hills Regional
District School Committee. The Committee meets on the first and third Tuesday of
each month at 7:00 p.m. in the William T. Buckley District School Committee
Meeting Room (Room 207A) at the school at 800 Randolph St., Canton. The
public is invited to attend. The following members comprised the 2008-2009 /
2009-2010 School Committee:

AVON: Francis J. Fistori, Chairman

BRAINTREE: Robert P. Kimball

CANTON: Aidan G. Maguire, Jr., Secretary

DEDHAM: Joseph A. Pascarella, Vice Chairman

HOLBROOK: Robert S. Austin

MILTON: Festus Joyce

NORWOOD: Kevin L. Connolly

RANDOLPH: Richard Riman

WESTWOOD: Charles W. Flahive
Late in 2004, Gov. Mitt Romney announced the inception of the John and Abigail
Adams Scholarships, which are given to high school students in recognition of
their outstanding MCAS scores. The scholarships entitle the recipients to four
years of free tuition at any University of Massachusetts campus or any
participating state or community college in Massachusetts. Forty-three members
of the Class of 2009 were named Adams Scholars, including Canton students
Aaron Gulla, Steven Mulligan, and Elizabeth Stock.

                                      84
Blue Hills Regional students participated in the SkillsUSA District Competition at
the J.P. Keefe Regional Vocational Technical School in Framingham and they
won 23 medals. A gold medal in Technical Drafting was earned by student Ryan
Green, a bronze medal in Electronics Application was won by student John
McDonald, and a silver medal in the Nursing Assistant category was won by
student Erica Burns. All three are Canton residents.

The Annual National Honor Society (NHS) Induction was held on February 25,
2009. Twenty-three new members were welcomed, and 15 second- and third-year
members participated in the ceremony as well. Student Christopher McDonald of
Canton, a member of the Class of 2010, was inducted as a new member of the
NHS.

The Engineering Technology program successfully entered its sixth year at Blue
Hills Regional. In 2009, the program earned Chapter 74 status from the
Massachusetts Dept. of Elementary and Secondary Education signifying that it is
recognized as a full-fledged technical program.

On November 19, 2009, Blue Hills Regional hosted its annual Open House. The
well-attended event allowed the public to visit classrooms and vocational areas,
speak with students, teachers, and administrators, and obtain helpful information
about the school.

As of October 1, 2009, total enrollment in the high school was 845 students.
There were 87 students from Canton.

There was one adult student from Canton who graduated from the post-secondary
Practical Nursing Program on June 24, 2009. The Practical Nursing Program is a
full-time program of study provided on a tuition and fee basis.

Blue Hills Regional is proud to offer various services to district residents – and in
some cases, the general public – from a variety of technical programs. This
practice allows students to utilize their training in practical, hands-on situations
that augment their classroom work. Furthermore, these professional-quality
services are available at well below commercial cost. Over the years, residents
and civic or municipal groups in the Town of Canton have saved considerable
money by having Blue Hills Regional students perform work for them.

Students in Cosmetology offer a full range of services for hair, skin and nails by
appointment. All members of the public are welcome. Students in the Adult
Cosmetology class also welcome customers in the evening.

Full-course lunches prepared by students are served to the public during the school
year in the Blue Hills Regional restaurant, the Chateau de Bleu. Bakery goods are
available for purchase, and the facility can also be used for civic group meetings.


                                         85
The Early Education Center features a preschool program for youngsters who are
two years, nine months old to kindergarten-entrance age. It is accredited by the
National Association for the Education of Young Children. The program also
provides a learning environment for students studying Early Education.

Each year, Blue Hills Regional’s Construction Technology and Electrical students
build two major residential projects. District residents are invited to submit
applications for these projects, which must last the full school year and have
significant educational value. During the last year, the students did renovations at
Pequitside Farm in Canton.

The Auto Body and Auto Repair students complete automotive projects for
community residents on a departmental-approved appointment basis.

Respectfully submitted,
Mr. Aidan G. Maguire, Jr.
Secretary and Canton Representative
Blue Hills Regional Technical School District
December 31, 2009




                                        86
                       CANTON SCHOOL COMMITTEE

    Reuki Schutt, Chair                      960 Washington Street
    Timothy Brooks, Vice-Chair               Canton, MA 02021
    Dr. Robert Barker, Secretary             Telephone – 781-821-5060
    Dr. Elisabeth Salisbury                  Fax – 781-575-6500
    Cynthia Thomas

           Hours of Operation: Monday through Friday 8 AM to 4 PM

BUDGET: The School Department budget for the current 2009-2010 school
year is distributed as follows:

               Salaries                      23,268,464
               Expenses                        5,396,895
               Total                         28,665,359

The above figure represents an increase of 4.1% above the 2008-2009 budget.

This budget of $28,665,359 includes revenue offsets of $1,483,848.

 Athletic User Fees/Gate Receipts                    $ 84,665
 Building Rental Fees                                $ 30,000
 Pre-School Revolving                                $ 52,445
 Full Day Kindergarten Revolving                     $264,229
 Special Education Circuit Breaker Revolving         $661,200
 Non-Resident Tuitions                               $391,309

ENROLLMENTS: Shown below are the enrollment figures for the elementary,
middle and high schools for last year (2008-2009) and this year (2009-2010):


                          (1/1/2009)        (1/1/2010)
                          2008-2009         2009-2010       Difference
 Elementary                   1513            1509               -4
 Middle School                 738            717               -21
 High School                  799             835              +36
                                                               +11




                                       87
PERSONNEL: The following long-term personnel retired during calendar year
2009:

 Employee                 Position                           Years of Service
 Diane S. Gass            Luce Grade 1 Teacher                    16
 Jean D. Gefteas          JFK Grade 4 Teacher                     15
 William Griffin          Hansen Principal                        14
 Carol Hamilton           CHS English Teacher                     33
 Bernice J. Korowitz      JFK Special Education Teacher           20
 Susan D. Mathieson       JFK Grade 2 Teacher                     35
 Gary T. McNamara         CHs Music Teacher                       35
 William T. Sweeney       CHS Math Teacher                        27
 Eileen A. Roth           CHS Math Teacher                        35
 Joan Kantaros White      Hansen Grade 4 Teacher                  22

We owe a debt of gratitude to all of these retirees for their dedication and
professionalism on behalf of our students and the school system. Together they
provided 252 years of service to the Canton Schools.
I also note the following personnel changes that took place in 2009, either by
resignation, non-renewal or eliminated positions:

           Employee                              Position
   Elisa Hegg                 Rodman Board Certified Behavior Analyst
   Michael Paulson            CHs Social Studies Teacher
   Kerrie Keller              Luce Speech Language Pathologist
   Thomas Lilly               GMS Health Teacher
   Dwayne Gilman              CHS Math Teacher
   Carlos Jalowayski          CHS .8 Guidance Counselor
   Teri Desrosiers            JFK Special Education Teacher
   Rosaria Dalicandro         Elementary Technology Specialist
   Reagan Paras               GMS Music Teacher
   Matt Parsons               CHS Math Teacher
   Ashley Donovan             Rodman Education Assistant
   Lori Jerrier               Hansen Education Assistant
   Chrstine DiTerlizzi        Hansen .5 Education Assistant
   Jamie Rogers               Rodman .5 Education Assistant
   Tara Billini               Rodman ABA Tutor
   Jodi Lombardi              Rodman ABA Tutor
   Robert Muse                CHS Education Assistant
   Robin Wilson               CHS Education Assistant
   Sandra Plausky             CHS School Psychologist


                                     88
                             The State of Our Schools

I. Overarching Goals

In August, the School Committee in coordination with the Superintendent of
Schools established the following overarching goals to guide the work of the
school system this year:

Vision for the Canton Public Schools
To develop students who are competent and creative thinkers, curious and
confident learners, and compassionate citizens

Goals

1. To nurture a school culture that embraces constant learning.

         To encourage and support collaborative opportunities where all staff can
         continuously build their capacity to more effectively meet the needs of all
         students
         To continue to improve and strengthen our supervisory practices that
         promote reflection and continuous improvement.
         To encourage thoughtful experimentation in teaching based on research
         To create an environment where mistakes, setbacks, and challenges are
         viewed as valuable data that informs learners about their strategies and
         efforts.

2. To systematically examine our curriculum, instruction and assessment practices
to ensure optimal student learning.

         Implement Phase 2 of the K-8 ELA Curriculum Review
         Initiate a math textbook evaluation process at GMS
         Establish standing committees at CHS to examine the following arenas:
         curriculum, instruction, assessment , school resources for learning,
         community resources for learning, leadership, and mission
         Continue to support the K literacy coaching model
         Explore the issue of accreditation at K and pre K

3. To build a more inclusive school community.

         To hire and retain a highly qualified and diverse faculty and staff.
         To support on-going staff learning around diversity issues.
         To tailor our curriculum and instruction so that it is more responsive to
         the diverse learning needs within our community
         To deploy different strategies aimed at engaging all parents in both the
         academic and social aspects of a school community.



                                         89
4. To engage the entire community in supporting our vision and achieving our
goals

II. Annual Progress

The very challenging economic times that restrained Federal and State resources
this year led to a reduction in our expected State Aide for FY ’10. Consequently,
we had to begin the year by making approximately $200,000 in cuts to our cash
capital budget postponing a number of technology upgrades and delaying building
improvements. Additionally, we reduced $100,000 in textbooks, supplies, and
professional development. Reductions in staffing were avoided due to the infusion
of Federal Stimulus dollars.

Further complicating this year’s budget was the fact that the State also reduced its
“Circuit Breaker” funding formula from 70% to 40%. Circuit Breaker funds help
to mitigate the extraordinary expenses schools incur for special needs tuitions and
costs associated with students with very significant disabilities. The combination
of this reduction in Circuit Breaker and the addition of six new students with very
significant special needs who moved into the District after the FY10 Budget was
developed created a $367,000 deficit in the Schools’ Operating Budget.

The School Committee shared the information pertaining to the deficit in a
meeting with the Board of Selectmen on September 8 and a follow-up meeting
with the Financial Advisory Committee on September 23. Additionally, the School
Committee met with Representative Galvin and Senator Joyce on November 19 to
find out if there were any strategies or additional sources of funds that could be
applied to close this budget gap. At the time, both Representative Galvin and
Senator Joyce did not have any specific recommendations and counseled the
School Committee that the State did not have the financial means to be supportive
of the School Department’s plight.

As part of these meetings with various Town Boards and State Legislators, the
School Committee shared the data (see below) illustrating how the education of
special needs students has changed over time.

The Disability Data Chart indicates the significant increase in certain kinds of
learning disabilities that have occurred in Canton over the past five years. Other
school systems throughout the nation and Commonwealth have experienced a
similar pattern of increases. Each of the disabilities noted below has a discrete set
of intervention strategies that often rely on specialized skills such as speech and
language therapies as well as small group or one to one tutoring.




                                         90
                                 Disability Data-Canton




    The Major Budget Categories Chart shows the shift that has occurred between
    1988 and 2010 in the way that school resources are allocated.

                           Major Budget Categories Chart
                             FY1988           FY2003            FY2010
        Instruction           68%               64%               59%

          Admin                2%                3%                2%

           SPED               16%               18%               24%

        Op of Plant            9%                9%                9%

      Other Sch Serv           5%                6%                6%


The Major Budget Categories Chart shows a 50% increase in budgetary
expenditures for Special Education over a 12-year time period and a 13%
reduction in expenditures (proportionally) in the category of general instruction.
This chart combined with the shift in disabilities shown in the disability data
illuminate some of the fiscal challenges the school department faces in trying to
meet the mandated costs of special education.




                                       91
Despite the fiscal constraints noted above, the school system has still been able to
maintain reasonable class sizes throughout the elementary, middle and high school
due to the positive impact of the Proposition Override that was voted in the spring
of ’08.

Below, one can see some of the benefits of the Override in the percentage of
elementary classrooms that exceed the School Committee Class Size Guidelines.
Please note, that in 2007, the District was experiencing the impact of a very
significant budget reduction.



                Percentage of Elementary Classes Over Guidelines




In addition to this continued improvement shown in class size, we were also able
to develop an Energy Manager position that is shared with the Town of Sharon.
Our new Energy Manager, a position that began this past fall, has already started
to help us achieve utility savings. Below is a table that shows the savings in
electricity usage that has been achieved in the first five months of the school year.




                                         92
The District also has seen its Athletic Program flourish. This past fall four of its
Varsity Teams (Field Hockey, Boys Soccer, Girls Soccer, and Volleyball) were
Hockomock League Champions. Additionally, the Girls Volleyball and Boys
Soccer Teams were the recipients of the 2009 Hockomock League Sportsmanship
Awards.

III. Future

As we shared last year, the economic downturn and significant increases in the
needs for specialized instruction required to support students with complex health
and learning needs will continue to provide both financial and education
challenges for the Canton Public Schools, particularly if we want to maintain the
quality, positive momentum, and direction that have characterized the efforts of
the past few years. As always, support from the citizens from Canton for the
important work of the schools will be the lynchpin to our ability to sustain the
quality of education we offer our young people.

Sincerely,


Reuki Schutt, Chair Canton School Committee

John P. D’Auria, Ed.D. Superintendent of Schools




                                        93
                 DEPARTMENT OF VETERAN’S SERVICES

            Hours of Operation - Monday thru Friday 8:30AM 4:30PM

                                  Tony Andreotti

            Veterans Service Officer                92 Pleasant Street
                             Phone No. 781-821-5505
                             Fax No. 781-575-6570
                       E-mail tandrotti@town.canton.ma.us

OUTREACH AND MARKETING VETERANS BENEFITS
        •     Agent’s Corner-weekly column newspaper and cable Coffee hours—
              monthly
        •     Veterans—Nov 11th Programs
        •     Guest Speaker program—
        •     Maintain a mailing list of 1100 Canton veterans.
        •     Memorial Day Parade

VETERANS’ DEPT. FUNERAL ESCORT SERVICE
         Military Funeral Honors were provided to 40 veterans who passed
         away in 2009.

VIDEO TAPING VETERANS
              To tell their own stories so to preserve their war experiences for
              generations to come, 28 videos have been produced.

VETERAN TRANSPORTATION
              Veteran’s transportation program is in place for veterans to be taken
              to their medical appointments needed to process VA claims.

WW II –REGISTRY OF REMEMBRANCE
              Over 1,000 veterans of WW II were entered on the web site of the
              registry to be located at the WW II MEMORIAL being built in
              Washington, D.C. by the veteran dept volunteers.

PATRIOTIC SCHOOL PROGRAMS
        •     Kennedy School
        •     Hansen School
        •     Galvin Middle School
        •     St. Johns School
        •     Luce School



                                         94
BENEFIT CLAIMS PROCESSED
             Over 40 claims, both state and federal were processed in 2009, and
             assistance given and forms filed for burial benefits, grave markers
             and G.I. insurance.

RETURN OF VETERANS’ BENEFITS
             Amount reimbursed from the state to the town in 2009 was $30,000.

IRAQ and AFGHANISTAN
             Provide assistance as needed!
             Aid, Education , Bonuses, V.A. Claims and etc.


COMMONWEALTH of MASS. CERTIFICATION
             Completed Veterans Service Officers Training for 2009

VETERANS’ COUNCIL
             Monthly meeting on first Wednesday.

CEREMONIES 2009
             Honoring Korean War Veterans Nov.11, 2009

             Dedication to Charles S Tolias and WW II Veterans

             Town of Canton Veterans Park Installation of year round lighting of
             memorials.



Tony Andreotti
Veterans Services Officer




                                       95
      WATER SEWER RATE & POLICY ADVISORY COMMITTEE

Edward M. Sullivan, Chair                              James Murgia, Finance Director
Michael Trotta, DPW Superintendent                 David Emhardt, Finance Committee
Ronald Redquest, W/S Division Supervisor       Robert Phillips, Capital Planning Comm.
Larraine Redquest, W/S Office Administrator                 Dorothy Marshall, Secretary

The Committee continued to meet when necessary to address ongoing water and
sewer issues. Unfortunately, this year’s report is somewhat similar to the previous
year, i.e.: less water usage, increasing water rates, and increasing wholesale rates
from the MWRA. Both Canton and the MWRA depend on the sale of water as the
primary source of revenue.

This year, the committee recommended a rate increase of 10% for water and a 0%
increase for sewer as of July 1, 2009.

However, with another wet spring and summer and conservation in general; usage
again declined. The Committee took a careful look at expenses, staffing,
restructuring debt, and future projects to seek ways of stemming the steep
increases in rates. Unfortunately, after careful review, it was necessary to
recommend a mid-fiscal year rate increase of 17% for water and a 2% decrease for
sewer. Hopefully, this will cover a projected shortfall in water revenues. Without
some State assistance, Canton and many other communities are facing a bleak
outlook.

Some relief is in sight once our treatment plants come on line. Since we can
produce water cheaper than the MWRA, we can increase our own production and
can expect a financial return. However, it will take about 18 months after we
begin our own production to see any financial return.

In addition to the Committee, the Town has hired an independent source to review
our water/sewer rate structure and rate allocations. Once the report is received, we
will be in a better position to assess the situation in time for 2011
recommendations in June 2010. A goal is to be sure that the structure is fair and
equitable to all rate payers as well as allowing us to maintain a reasonable reserve
for contingencies and pay our bills.

The Committee is pleased to work closely with Superintendent Trotta and Finance
Director Murgia and others. We also welcomed Rob Phillips from the Capital
Planning Committee as a new member.

Thanks also to Dot Marshall, our secretary.

Respectfully submitted,

Edward M. Sullivan,
Chairman

                                          96
                        ZONING BOARD OF APPEALS

                          Paul B. Carroll, Chairman
                          Gregory L. Pando, Member
                           John S. Marini, Member
                            Scott Lenhart, Alternate
                          Kevin T. Feeney, Alternate
            Velma J. Coffey, Administrative Asst/Recording Secretary

Memorial Hall                                           Telephone – 781-575-6589
801 Washington Street                                          Fax – 781-821-5059
Lower Level                                                    Hours of Operation:
Canton, MA 0202                              Monday - Friday    7:30AM – 3:30PM


2009 was a busy year for the Zoning Board of Appeals. The Zoning Board of
Appeals conducted 68 Formal hearings and 43 Informal hearings. The informal
hearings consisted mainly of applications for signs, banners, requests or extensions
to prior decisions, and minor modifications to site plans and previously approved
decisions. Formal hearings for residential were mainly setback relief. Commercial
were antenna installations, signs, new business (change of use) or modification of
prior decision.

One petition that was denied is under appeal in the Norfolk Superior Court. (Y.D.
Auto Body, 160 Turnpike St.)

The Board wishes to express its appreciation to their support staff including
Building Commissioner Ed Walsh, Administrative Assistant Velma J. Coffey,
Town Counsel Deutsch/Williams and Special Town Counsel for “40B” matters,
Mark Bobrowski, all who provided the Board with the assistance necessary to
make 2009 meaningful and constructive for the Zoning Board of Appeals.

The Board would also like to thank the Board of Selectmen, Town Administrator
Bill Friel, and the Planning Board for all their assistance and support during the
year.

Jim Fitzgerald, Board member for over 30 years, decided to retire from this Board
and spend more time with his family. Alternate member, Chuck Armando, also
resigned from the Board. I would like to personally thank Jim and Chuck for all
their knowledge, experience, dedication and hard work for the Town of Canton
and for this Board. These are the qualities that have contributed to the Zoning
Board of Appeals’ significant accomplishments in the year 2009.



                                        97
To replace those dedicated officials, we have a new member and alternate member
on the Board. John S. Marini joins us as a regular member and Kevin T. Feeney is
our new alternate member. Both bring years of experience to the table, dealing
with complex issues and we look forward to an exciting and productive new year.

Respectfully Submitted,

Paul B. Carroll




                                      98
                                TOWN COUNSEL

         This year was a very active and successful year for the Law Department:

         1.           Advice & Legal Documents. This year numerous advisory
opinions were rendered to various Town officials and Boards relating to a wide
variety of issues and subjects. Frequent and ongoing attention was given to
reviewing and/or drafting Bylaws, contract documents and agreements, easements,
zoning covenants, procurement documents, public road documents, conflict issues
under the State Ethics Act, bylaw enforcement issues, Warrants for Town
Meeting, ballot questions, and other legal documents.

        2.           Labor Issues. We provided advice from time to time during
2009 regarding a variety of federal and state law and issues applicable to non-
union employees.

          3.           Projects. We assisted with the updating of the various road
layout issues, economic development questions, Building Department code
enforcement issues, Well No. 9 issues, the Neponset Street Water Treatment Plant,
the Green Lodge Sewer Project, the Glen Echo Sewer Project, assistance to
Planning Board for site plan review, ANR issues and subdivisions such as Turtle
Creek Subdivision, issues relating to the Plymouth Rubber site, Westwood Station,
sewer issues including infiltration inflow projects and regulatory permitting issues,
Route 95 billboard project, the SEMASS contract, Pleasant Street Dam repair,
election issues, FERC/Algonquin gas pipeline project, animal control issues, earth
removal issues, abandoned building condemnations, the on going streetscape
project, street closings issues, collections of unpaid water/sewer charges, scenic
road issues, wireless tower leases and public shade tree issues.

         4.           Administrative Agencies. We pursued the interests of the
Town at the General Court and before the Appellate Tax Board, Bankruptcy Court
and the Office of the Attorney General, and consulted with the State Ethics
Commission, Alcohol Beverage Control Commission, Department of Revenue and
Division of Conservation and Recreation regarding various town issues.

         5.         Litigation & Labor Arbitrations. As of December 31, 2009,
there were 31 pending lawsuits and claims involving the Town, as follows:

-          2 lawsuits involving the Canton Board of Appeals:

         Canton Property Holding LLC v. Canton Board of Appeals, Housing
                 Appeals Committee. Norfolk Superior Court, Civil Action No.
                 2005-CV-01868.

         BAC Realty, LLC v. Canton Board of Appeals, Norfolk Superior Court,
               Civil Action No. 09-1894.


                                         99
-    6 lawsuit involving the Board of Selectmen

    Xidea v. Town of Canton, Norfolk Superior Court, Civil Action No.
             2009-01934.

    In re Petitions of Westwood for Alterations of Canton Street, Norfolk
              County Commissioners.

    Doherty Development Associates, LLC (c/o Cabot, Cabot & Forbes
            Development Co.) v. Town of Canton, Canton Conservation
            Commission, and Canton Town Clerk, Norfolk Superior Court,
            Civil Action No. 07-2196.

    In the Matter of Town of Canton, Massachusetts, U.S. Environmental
            Protection Agency, Region I, Docket No. CWA 01-2009-0070.

    In the Matter of Town of Canton, Massachusetts Department of
            Environmental Protection, File No. ACOP-SE-09-4006.

    Canton v. Trustees of the Canton Technology Center Trust, Norfolk
            Superior Court, Civil Action No. 08-01993.

-    2 lawsuits involving the Building Renovation Committee:

    Pytko Construction Corporation v. TLT Construction and Town of
            Canton, Norfolk Superior Court, Civil Action No. 06-01887.

    G&R Construction, Inc. v. Town of Canton and Allen M. Lieb, Norfolk
          Superior Court, Civil Action No. 06-1311.

-    11 lawsuits involving the Finance Department:

    Corkery as Trustee of R&M Realty Trust v. Canton Board of Assessors,
            Appellate Tax Board, N, F-288608, F-288609, F294040 and
            F294041.

    Verizon New England, Inc. Consolidated Central Valuation Appeals,
            Appellate Tax Board (ATB), Docket No. C-273560.

    Canton Board of Assessors v. Commissioner of Revenue, and New
            Cingular Wireless, PCS, LLC , Appellate Tax Board (ATB),
            Docket No. C-285638.




                                  100
    Canton Board of Assessors v. Commissioner of Revenue, and Sprint
            Communications Company, Appellate Tax Board (ATB),
            Docket No. C-285637.

    Canton Board of Assessors v. Commissioner of Revenue, and Verizon
            New England, Inc., Appellate Tax Board (ATB), Docket No. C-
            285639.

    Canton Board of Assessors v. Commissioner of Revenue, and MCI
            Communications Services, Inc., Appellate Tax Board (ATB),
            Docket No. C-285640.

    Canton Board of Assessors v. Commissioner of Revenue, and Level 3
            Communications, LLC, Appellate Tax Board (ATB), Docket
            No. C-285641.

    Canton Board of Assessors v. Commissioner of Revenue, and Conversant
            Communications of Massachusetts, Inc., Appellate Tax Board
            (ATB), Docket No. C-285642.

    Canton Board of Assessors v. Commissioner of Revenue, and AT&T of
            New England, Inc., Appellate Tax Board (ATB), Docket No. C-
            285643.

    Canton Board of Assessors v. Commissioner of Revenue, and Sprint
            Spectrum, LP, Appellate Tax Board (ATB), Docket No. C-
            285644.

    Canton Board of Assessors v. Commissioner of Revenue, and Teleport
            Communications Boston, Inc, Appellate Tax Board (ATB),
            Docket No. C-285645.

-    1 lawsuit involving the Fire Department:

    Susan Bransfield v. Town of Canton, Massachusetts Commission Against
            Discrimination, Charge No. 523-2007-80856.

-    1 lawsuit involving the Conservation Commission:

    Piantedosi v. Canton Conservation Commission, Norfolk Superior Court,
            Civil Action No. 09-01545-D.

     8 Claims:

    Verizon of New England v Town of Canton (DPW).


                                 101
        Arbella Mutual Insurance Company as subrogee for Swanson v. Town of
                Canton (Fire Department).
        Harris v. Town of Canton (Police Department).
        Biropt v. Town of Canton (Fire Department).
        Travellers Insurance Co., as subrogee to EDC Processing Service v.
                 Town of Canton (DPW).
        Leahy v. Town of Canton (DPW).
        Cawley v. Town of Canton (DPW).
        Strandskov v. Town of Canton (DPW).

          Each of the above efforts required the participation of numerous Town
officials and private citizen volunteers - all working together towards a better
Canton.

Thanks to the Board of Selectmen and all other Town officials and citizens for
their cooperation and assistance towards a successful year.

Respectfully submitted,


Paul R. DeRensis
TOWN COUNSEL



DWLIBDB\240522.1 7604/00




                                       102
                                  TOWN CLERK

                                  Tracy K. Kenney

                     Gale M. McHugo, Assistant Town Clerk

                             Kathy R. Dever, Senior Clerk

                                801 Washington Street
                             Canton, Massachusetts 02021

                Telephone 781-821-5013      Fax 781-821-5016
                       Email tkenney@town.canton.ma.us

Hours of operation: Monday, Wednesday, Thursday and Friday from 9am to 5pm
                    Tuesday from 9am to 7pm

To the citizens of Canton:

In January the 2009 Annual Town Census was mailed to each of the
approximately 9,000 residences in the Town. We appreciate the residents who
were prompt in responding, however, there is still room for improvement. Many
of the funds allocated to the Town of Canton are dependent on our reported
population; therefore, we need a prompt response from every residential
household.

The Annual Town Election ballot in April resulted in a sixteen percent voter
turnout. There were 261 voters who attended the Annual Town Meeting over the
course of two sessions.

In December a Special State Primary was scheduled to replace the seat of the late
U. S. Senator Edward M. Kennedy who passed away in August. The result was a
twenty-four percent voter turnout in Canton which was surprisingly light but still
far above the state average of fifteen percent. Also, once again I would like to
thank the administration and staff at the Canton Public Schools and the Blue Hills
Regional Technical School for providing accommodations to us for this
unscheduled election.

The number of registered voters in the Town stands at 14,376. Our population
now stands at 21,003.

In 2009 the Town Clerk’s office recorded 225 births, 107 marriages and 235
deaths.

In 2009 the revenue generated through fees collected from the processing of
passport applications totaled $15,850, a slight increase over last year.

                                         103
In conclusion I would like to express my sincere appreciation to all of the elected
officials, town employees, our election workers and to the citizens of Canton for
their cooperation and support during the year. I would also like to thank Assistant
Town Clerk Gale McHugo and Senior Clerk Kathy Dever for their support. We
are indeed fortunate to have two such dedicated employees.

Respectfully submitted,


Tracy K. Kenney
Town Clerk




                                       104
                                  2009 BIRTHS

JANUARY
    1 Zalia Noelle Lesser, Scott T. and Annelise (Hatch), Newton
   2 Brianna Rose Geoghan, Brendan G. and Denise M. (Sanclemente), Boston
   5 Dylan Tai Duong, Hien T. Duong and Tracey-Phuong T. Lai, Brockton
   7 Alyssa Rose Kosh, Robert G. and Tina M. (Forbes), Brockton
   8 Dylan James Sprague, Marc A. and Christine A. (Calcasno), Boston
   12 Lauren Audrey DeVito, Francesco A. and Cynthia E. (Bordieri), Newton
   15 Caroline Opal Reilly, Michael G. and Heidi (Osler), Boston
   15 Charly Lyn Touzos, Peter M. and Kara B. (Greenberg), Boston
   20 Henry Fairchild Rotman, Gregory P. Rotman and Sarah W. Hawthorne, Boston
   20 Camila Valentina Abboud, Salim and Giddy G. (Rojas Patuelli), Norwood
   25 Emma Rose Healy, Brendan T. and Melissa A. (Bisson), Newton
   29 Sara Tariq, Tariq Marmood and Sarwat (Bashir), Norwood

FEBRUARY
  5      Maris Armadijus Snipas Veidis, Andris K. and Alysa N. (Snipas), Boston
  6      Georgia Renee Gray, Kurt W. and Dina J. (Kassis), Newton
  8      Azzaam Abour-Rahman, Taymullah Abour-Rahman and Ummil-Khair Yusuf, Boston
  11     Donovan Michael O'Connor, Michael J. and Kristyn E. (Powers), Boston
  11     Max Kyung Lee, Timothy T. and Mee Jung (Kwak), Boston
  11     Isabella Yae Rang Lee, Timothy T. and Mee Jung (Kwak), Boston
  12     Lucia Layng Chin, Matthew G. and Pamela L. (Mariano), Newton
  12     Allison Catherine Troy Cummings, Carl R. Cummings and Janice M. Troy, Boston
  16     Caroline Allison Scafidi, Jeffrey B. and Eileen (Lee), Boston
  17     Alyssa Jayne Sanford, William R. and Ashley M. (Broyer), Norwood
  19     Cameron Christine Weber, Bryan E. and Lindsay P. (Turner), Brockton
  19     Tristen Ziyu Liu, Yu Liu and Kexin Fang, Boston
  20     Nehemiah Isaiah Schneider, Eric J. and Lauren R. (Bial), Boston
  22     Samantha Maureen Casey, Matthew E. and Jennifer L. (Shanks), Newton
  22     Nicholas Andrew Murphy, Donal F. Murphy and Marcia Cardinale, Newton
  22     Bailey Elizabeth Ezekiel, Michael M., Jr. and Bridget K. (Clifford), Norwood
  22     Henry Justin Zimmer, John C. and Kate (Sullivan), Norwood
  28     Jordan Frances Price, Paul J. and Kelley (Jordan), Boston
  28     Layla Kalonice Sandler, Michael E. and Avry J. (Thompson), Boston

MARCH
  4      Owen David Charles Hodder, David G. and Michelle O. (Lazarus), Newton
  6      Lillian Mae Oster, Christian W. and April C. (Kelly), Newton
  8      Thomas Louis Zine, Eric P. and Christina C. (Caputo), Boston
  13     Maeve Margaret Lehan, Edward R. and Kathleen A. (McDonough), Boston


                                        105
  24    Kendall Jane Lyons, Kevin P. and Claire E. (Phillips), Newton
  24    Connor Lawrence McMaster, Richard L. and Deborah L. (Lawrence), Weymouth
  25    Shannon Lynne Lane, Thomas J., III and Laura E. (Findlen), Boston
  25    Kailey Hope Christian, David E. and Michelle T. (Julien), Boston
  26    Michael Anthony Sampson, Richard F. and Joanna (Tomaszewska), Norwood
  26    Ryan Jonathan Neeser, Jonathan R. and Shelia M. (Sweenie), Weymouth
  27    Judah Justino Do Nascimento Siqueira, Farley J and Aolibama (Do Nascimento), Newton
  28    Kayliz Chanel Pimentel. Katie A. Acerra, Boston
  31    Jake Bernard Mulkern, Jon P. and Angela Y.C. (Tong), Boston

APRIL
  3     Maeya Anastasia Vlahopoulos, George P. and Christine M. (O'Conner), Boston
  6     Christian Jourdain Nerestant, Jean R. and Leayda (Jourdain), Boston
  10    Zoe Tian-Yi Jin, Kevin Y. and Yujie W. (Zhang), Weymouth
  13    Christopher Angelo Joseph Messina, Joseph A. B. and Erica M. (Alexander), Boston
  15    Colby Andrew Mackie, Stewart A. and Lisa M. (McLaughlin), Boston
  15    Kellen Roy Leahy, Bryan R. and Sarah A. (Blanchard), Norwood
  16    Madison Elizabeth McCabe, Matthew L. and Jennifer J. (Weeks), Newton
  16    Amani Helene Fadli, Azeddine and Aimee B. (St.Onge), Boston
  16    Amir Bryson Fadli, Azeddine and Aimee B. (St.Onge), Boston
  16    Michael Sherwood Zides, Jeremy M. and Jennifer A. (Loughrey), Boston
  16    Christian Michael McGee, Stephen M. and Barbara A. (Goll), Boston
  23    Gabriella Francoeur, Claudel and Myriam (Pascal), Weymouth
  24    Rami Alasali, Ehab Alasali and Raghad Alhamwi
  26    Ava Katherine Starr, Kenneth M. and Andrea M. (Armando), Boston
  27    Thomas Rostico Madjos Rooney, Michael C. and Gina A. (Madjos), Norwood
  28    Liam Michael Merenda, Justin F. Merenda and Kristian H. Darigan, Boston
  30    Liam James Jones, Brian M. and Mary (Creedon), Boston
  30    Theofilos Joseph Makkas, Kleomanis M. and Rania (Chryssis), Newton

MAY
  3     Alison Lynn O'Connell, Jason T. and Jamie L. (Lewitz), Boston
  4     Olivia Madison Chavers, Robert A. and Melissa A. (Rainey), Brockton
  4     Amol Kaur, Kamaljeet Singh and Chetan Kaur, Newton
  6     Robert Francis Colandreo, Robert M. and Judith S. (Whealan), Weymouth
  7     Hannah Le Ha Vo, Nathan N. and Hong (Pham), Newton
  8     Isabella Grace Gillespie, John W. and Laura E. (Wiederhold), Norwood
  11    Briley May Dolan, Brian F. and Johnna-Marie (Jackson), Newton
  12    Eden Rose Slavet, James D. and Maggie B. (Levine), Boston
  18    Brody Chase Green, Adam C. and Randi J. (Marcus), Boston
  19    Elena Silva, Michael F. and Elizabeth A. (Rodriguez), Newton
  22    Mateus Bessa De Bruin, Piet Jan De Bruin and Giselle Gomes Bessa, Newton


                                         106
 25    John Joseph Scozzaro, Joseph L. and Mariangela Marchio, Boston
 27    Oliver Lin, Guolong Lin and Yimei Huang, (Boston)
 29    Joshua Tyler Goon, Gregory and Lily (Yung), Newton
 29    Teagan Brooke Dulong, Barry S. and Cynthia D. (Ward), Newton

JUNE
  1    Brendan Keyo Mann, Jared M. and Erin M. (Keyo), Newton
  1    Tatsam Upadhyay, Swant R. and Bhawna (Tiwari), Norwood
  5    Ethan Uchenna Okafor, Mbakwe R. and Guerlande (Thomas), Boston
  9    Mehsen Jose Youssef, Jose Youssef Boutros and Jennifer J. Jraiche Saleh, Boston
  12   Charlotte Mae Campbell, Jay D. and Adrianne (Healey), Boston
  12   Isabella Guity Melendez, Renan O. and Judith J. (Melendez), Weymouth
  12   Jaden Gurdial Singh, Harpreet and Kimberly J. (Cummings), Weymouth
  12   Logan Joseph Singh, Harpreet and Kimberly J. (Cummings), Weymouth
  15   Jaden John Tam, John M., Jr. and Lanzhu (Wang), Boston
  17   Delaney Diana Clegg, Richard J. and Pamela S. (Hernick), Boston
  18   Aidan Matthew Carlson, Robert D. Carlson and Susan J. Crane, Boston
  22   Paige Josephine Pappajohn, Scott N. and Kelly M. (Richards), Newton
  23   Asher Douglas Hung, Joshua L.D. and Kelly (McNeil), Newton
  23   Anderson Kiet Lee, Alexander P. Lee and Kim Ngyuen, Boston
  23   Summer Kilday Girard, Andrew J. and Meghan K. (O'Brien), Boston
  27   Elisabeth Joanne Silvasy, Joseph W. and Annmarie (Flanigan), Boston
  28   Tala Gabriela Juco Junia, Maria Regina Cecilia L. Juco and Ana Maria Brigida C. Junia, Boston
  28   Sophie Grace O'Toole, Brian J. and Tabitha M. (Hamilton), Newton
  28   Robert Duncan Jingwei MacIsaac, Daniel G. and Danielle M. (Hui), Boston

JULY
  1    Sebastian Xavier Castro, Fernando L. Castro and Stephanie Smith, Newton
  9    John McCabe Butler, Joseph H. and Margaret M. (McCabe), Newton
  13   Haley Jade Martin, Jody M. and Allyson B. (Mann), Newton
  13   Sean Richard Smith, Joseph W. and Susan L. (Menchin), Newton
  14   Allison Veronica Markle, Jason R. and Meredith V. (Leppert), Boston
  14   Nikhil Mehra Kalra, Bharat S. and Nina (Mehra), Boston
  16   Sage Davia Rudnick, David S. and Jennifer (Levine), Newton
  17   Juliana Bernal, Oscar G. Bernal and Maria L. Segura, Brockton
  21   Alain Jayden Bazile, Alain P. Bazile and Marie J. Deriscat, Boston
  22   Danielle Rose Deluca, David M. and Susan E. (Prendergast), Newton
  22   Ryan Daniel McGillicuddy, Daniel C. and Lauren T. (Pascoe), Boston
  23   Leia Catherine Gustavsen, Mark W. and Lulu (Tanaya), Newton
  23   Zahra Halabi, Andrew Halabi and Nadia Elabbar
  24   Myles Samuel Wolff, Mario P. Sr. and Joanne (Cotard), Boston
  24   Taylor Marie Donohue, Steven J. and Kristen C. (Skoglund), Norwood


                                            107
   30     Tyler Milan Chouinard, Daniel R. and Deidre M. (Elliott), Norwood
   31     Michael Burvell Roberts, Michael P. and Renee (Beacham), Newton
   31     Gabrielle Amelia Rancharan, Andrew T. and Jennifer M. (Jackson), Brockton

AUGUST
  3   Emmy Yihang Yang, Biao S. Yang and Yi Ding, Boston
  3   Carlise Laucora Smith, Cory T. and Laurinda E. (Forde), Boston
  4   Thomas Valentino Oliver, Jonathan J. and Christina (Recupero), Boston
  10  Jake Robert Gorka, Robert J. and Linda A. (Roberts), Newton
  11  Kara Izabel Rowan, Christopher P. and Joanne (Manning), Boston
  13  Isha Venkatesh, Venkatesh Ganesan and Srilakshmi Janardhanan, Newton
  16  Charlotte Paige Eagles, Jeffrey T. and Amy M. (Schmidt), Newton
  16  Gabriella Lexi Berardi, Gabriel N. and Kelly A. (Soares), Brockton
  16  Chloe Marie Duhamel, Jeffrey P. and Alice M. (Comella), Boston
  22  Gavin Paul O'Toole, Sean P. amd Dawn M. (Sullivan), Boston
  25  Molly Rae Martin, Richard F., III and Joanna R. (Dever) Newton
  27  Mohsen Ibrahim Ahmad, Wayez R. Ahmad and Aasma A Khandekar, (Newton)
  27  Matea Elizabeth Selllitto, Angelo N. and Katie (Snell), Boston
  29  Cameron Charles Guerschuny, Gavin A. and Kelly A. (McCaffrey), Weymouth

SEPTEMBER
   2  Thomas James Sergi, Paul A., Jr. and Shirley (Bello), Boston
   2  Nicholas Andres Sergi, Paul A., Jr. and Shirley (Bello), Boston
   4  Oliver Howard Smith, Paul H. and Jennifer (Jones), Newton
   5  Jonathan Alexander Brathwaite, Richard W.L. and Jennifer A. (Jones), Boston
   7  Sully James Cook, Dewayne E. and Katie A. (Sullivan), Norwood
   9  Thomas Edward Difiore, Samuel M. and Karin A. (Croke), Boston
  17  Rebecca Rose Kirk, Peter J. and Melissa L. (Merchant), Boston
  18  Adwin June-How Zheng, Wei C. Zheng and Zi Y. Chen, Boston
  19  William Reese Mellon, Jason J. Mellon and Ruth Anne Slattery, Boston
  21  Alana Grace Nalbandian, Mark D. and Kendra M. (Sheehan), Newton
  23  Kiera Marilyn Graham, Joseph A. and Carolyn A. (Loring), Boston
  24  Krystofer Henryk Zmiejko, Mariush D. and Sylwia M. (Gawlowska), Boston
  247 Gavin Isaac Decker, Steven J. and Kara Lyn (Torman), Attleboro
  25  Julie Erin Murphy, Patrick M. and Erin E. (Healey), Boston
  27  Tobiloba Adekola Adelanwa, Oludotun A. and Rebekah U. (Erhaze), Norwood
  27  Courtney Lillian Grasso, Jason T. and Margaret M. (Farr), Boston
  29  Cameron Grace Ward, James R. and Kimberly A.(Christmas), Newton
  30  Evelyn Jeanne Dirosario, Paul L., Jr. and Ann M. (Richards), Newton
  30  Jay Purvesh Shah, Purvesh B. Shah and Anita S. Dalwani, Newton




                                        108
OCTOBER
   1  Noah O'Shea Lourenco, Dana C.A. and Priscilla T. (O'Shea), Newton
  2   Dominic Frank Gacicia, Christopher P.B. and Kate E. (Nieman), Newton
  6   Owen Cooper Morrison, Steven P. and Heather L. (Speakman), Boston
  7   Jameson Porter Sawyer, John P., III and Sharyn E. (Powers), Newton
  8   Lane Matthew Schlauder, Scott M. and Melanie S. (McCormick), Boston
  11  Emma Bea Cunningham, Thomas H. and Nicole (Cohen), Boston
  11  Ava Marie Baldwin, Nathan J. and Christina (Hennessy) Weymouth
  12  Remy Alyssa Cohen, Neil S. and Lainie H. (Mitzner), Boston
  13  Grace Margaret Cumming, Trever D. and Jody A. (Fringuelli), Newton
  14  Olivia Dianne Barry, Damian and Eloisa V. (Falzarano), Boston
  15  Cameron James Barry, Damian and Eloisa V. (Falzarano), Boston
  15  Jason Roman Ikonitskiy, Roman V. and Maria J. (Withey), Newton
  16  Arthur Mikaelyan, Hovannes and Nonna (Airapetova), Newton
  23  Harrison Matthew Weitz, Jonathan P. and Erin F. (Farrell), Weymouth
  25  Micah Harris Feldman, Mark J. Feldman and Allison L. Berry, Boston
  25  Jane Penelope Jones, Jason Jones and Kerry A. Murphy, Boston
  27  Evelyn Lee, James and Yu-Wen (Hsu), Weymouth
  31  Alexa Marie Campbell, Darryn P. and Kimberly A. (Giacomozzi), Weymouth
  31  Spring Le, Huy T. Le and Michelle Nguyen, Boston

NOVEMBER
   2 John Christopher Searby, David P. Searby and Christine M. Dooley, Boston
  2  Keira Rose Searby, David P. Searby and Christine M. Dooley, Boston
  3  Madilyn Rose Laraia, Michael F. and Christine A. (Brown), Boston
  5  Daniel Joseph Ferrara, Carmen M. and Mary K. (Sullivan), Boston
  6  Sarah Nour Bezza, Adam A. and Marian (Collyer) Newton
  10 Derek Van Ly, Chanh C. Ly and Van T. Hua, Boston
  12 Raphael Antranik Daghlian, Sarkis and Jillian J. (Hernandez), Boston
  13 Tehya Melina Aoun, Bernard A. and Erica R. (Diletizia), Newton
  15 Kellen John Labanara, John J. and Kara E. (Eckler), Weymouth
  16 Christopher Adam Wong, Carlton Wong and Susan H. Chiu, Boston
  18 Emily Michelle Grant, Jonathon H. and Leslie (Keith), Newton
  19 Isabella Marie Konopka, Frederick L. and Monika K. (Walczak), Boston
  19 Joseph Frederick Konopka, Frederick L. and Monika K. (Walczak), Boston
  23 Parker John Burek, Brendan J. and Julie A.. (Carbone), Boston
  25 Ava Madeline Marshall, Peter W. and Sara M. (Woodruff), Newton
  25 Rayan Osman Baana, Osman H. Baana and Faiza B. Abubakar, Boston
  25 Raniya Baana, Osman H. Baana and Faiza B. Abubakar, Boston
  27 Zaid Balan, Abouh Balan and Nour Salem, Newton
  30 Sofia Vivian Braconi, Anthony P. and Adrienne C. (Macki), Newton



                                     109
DECEMBER
 1    Caitlin Melanie Weeks, Everton A.L. and Renee R. (Wilson) Boston
 3    Alyssa Helene Chiulli, Anthony C. and Christine (McCarthy) Boston
 3    Colleen Genevieve Chiulli, Anthony C. and Christine (McCarthy) Boston
 7    Clark Albin Dwoske, Donald A. and Betty L. (Murphy) Boston
 10   Greyson Carroll Moore, Dustin R. and Keri A. (Melendy), Newton
 11   Megan Hoang Truong, Donald V. Truong and Anna Hoang, Norwood
 12   Maddock Jonah Carbone, Christopher M. and Rayna J. (Epstein) Boston
 13   Tyler Kristoff Pierribia, Eddy and Marie A. (Myrtil) Boston
 18   Sarah Monique Labuerre, Larry and Scherley (Moline) Boston
 23   Valentina Ayva Naumenko, Maxim O. and Kelly A. (Sullivan) Boston
 24   Ben Tzadik Drory, Nir and Sivan (Shukrun) Boston
 27   Thommie Noel Perez, Eric A. and Bradley E. (Bosanquet), Newton
 29   Emma Heather O'Hare, Ryan C. and Katharine M. (Phalan) Boston




                                  110
           2008 DEATHS RECORDED IN 2009

   Date                  DEATHS from 2008         Age
DECEMBER
    6         Centamore, Jennie E                 88

                            2009 DEATHS
  Date                           Name             Age
JANUARY
    1         Laudato, ThomasP.                   95
    1         Naymie, Susan M.                    59
    2         Grigiss, Georgia                    90
    3         Crowley, Joanne                     78
    5         Nee, Thomas L.                      82
    6         Langan, Thomas J.                   67
    6         Teevens, William F.                 80
    7         Hood, Rose K.                       93
    7         Courtis, Mary                       91
   11         Pasquarosa, Ronald D.               69
   13         Walsh, Edward J.                    76
   18         Berger, Beatrice                    93
   21         Carrara, Raphael A                  89
   21         Pedersen, Roy T.                    86
   24         Potter, Ogareta E.                  90
   26         Scanzillo, Michael E.               82
   27         Hodgman, John C.                    65

FEBRUARY
    2         Walker, Karen Danese Hodges         50
    4         Shindler, Howard                    76
    5         Frankel, Norma                      79
    9         Boone, Donald L.                    73
   10         Izen, Shirley Sarah Sloane          85
   10         Chiavaras, Bessie H.                92
   12         Kelley, Paul F.                     86
   14         Abrams, Edith G.                    94
   15         Grafton, Anne Evelyn                73
   19         Pardallis, Maria aka Papanicolaou   80
   20         Hardiman, George C.                 71
   21         Jordan, Michael L.                  68
   21         Dias, Mary C.                       97

                           111
 23     London, Nathan            93
 27     Barry, John M.            72
 27     Carmichael, Phyllis M.    88

MARCH
   5    Garfunkel, Susan Isabel    56
   6    Ahern, William F.         52
   7    Gorovitz, Della           100
   8    Hozid, Joseph L.          83
   8    DeBiase, Amelia            89
   8    Richardson, Clarence       84
   8    Matthews, Paul R.         54
   9    Barss, Joseph P.          61
  10    Koupelis, Hristos         52
  13    Rosenberg, Stanley H.     71
  14    Sullivan, Matthew R.       30
  17    Evans, Hattie             90
  17    Sollitto, Joseph          72
  19    Busalacchi, Beatrice L.    80
  20    Hayhurst, Mary T.          83
  24    O'Connor, Blanche M       88
  25    Spector, Ruth              99
  29    Sheehan, Edward P         73
  29    Leonard, John V           82
  30    Koplow, Allen H.           60
  31    Hagan, Virginia Marie     70

APRIL
   1    Pasquarosa, Helen M.       65
   2    Leary, Kathleen M.        60
   4    Lubin, Simon              91
   4    Dupont, Marie W.          87
   5    Pizzano, Rita Ann          83
   8    Namyet, Saul               89
   9    Morrison, Mary L.         96
  10    Korsakova, Natalya F.      87
  12    Tutein, Claire Marie      89
  12    Constantin, Polyxene      100
  15    Schnitt, Dorothy          92
  15    Nelson, Mary G.           90
  19    Berardi, Antonietta       89
  19    Connolly, Frances C.      84

                    112
 19    Kemler, Norman                              92
 20    Wulfe, Lillian                              94
 23    Boyce, Dorothy V                            85
 24    Powell, Wilbert H.                          66
 25    Raggiani, Vincent J.                        80
 26    Ellis, Charles aka Eleftherakis, Constans   92
 27    Chambers, Pauline L.                        78
 27    Bognar, Caroline A.                         42
 30    McCourt, James F.                           80

MAY
  1    Sutin, Helen                                97
  2    Liley, Novella Powell                       80
  3    Archer, Francis X.                          90
  3    Bell, Christopher A.                        54
  4    Pino, Eleanor A.                             96
  6    Cramer, Sylvia                               93
  6    Corrado, James                               33
  7    Lion, Elsa                                  103
  7    Zall, Sally                                  98
  9    Anderson, Esther E.                          87
 11    Flanagan, June M.                            76
 14    Kaufman, Shepard B.                         87
 18    Cahill, Thomas C. II                         54
 19    Slaney, Daniel J.                            50
 22    Grant, Wilma A.                             79
 23    Stein, Sadie                                101
 23    Cohen, Betsy W.                             84
 25    Lester, Margaret M.                          85
 25    Zilversmit, Kitty                           90
 28    Galanif, Constance L.                        87
 29    Dunn, Mary V.                                88
 29    Holman, Paul M.                             75
 31    Goldstein, Carl                              86
 31    Psarros, Athena                              75

JUNE
  3    Filamond, Walter F.                         80
  5    O'Brien, Patricia A.                        61
  5    Bright, Marjorie H.                         88
  6    Poirier, Lawrence J. Jr.                    59
  6    Blum, Joseph Bonner Jr.                     81

                    113
   7     Marciante, Teresa                   82
   7     Bernard, Ruth C.                    94
  15     Gomes, Ann D.                       93
  15     Kelly, Thomas F.                    80
  16     Neilson, Janet B.                   79
  17     Cusick, William J.                  92
  18     Caplan, Sandra                      71
  19     Berry, Barbara M.                   85
  20     Berio, Marion E.                    96
  20     Kriger, Sidney                      88
  21     Keach, Joanne I.                    76
  22     Cascio, Paul J.                     85
  25     Keegan, Lois E.                     85
  27     DePascale, Charles A.               76
  27     Morgan, Margaret E.                 83
  29     Schrader, Ursula Theresa            86
  30     Fitzgerald, Thomas J                47
  30     Connolly, William E.                86

 JULY
   6     MacLean, Virginia M.                62
   7     Reardon, Kathryn                    95
   8     Nashawaty, Khalil G.                89
   9     Roche, Ruth E.                      88
   9     Virga, Ingeborg                     84
  10     Morrison, Frances J.                76
  10     Egersheim, Leonora                  93
  18     Friedman, Louis                     84
  23     Lyons, Celia Goldman                90
  25     Nixon, John J.                      80
  27     Vonder Laack Peretsky, Laura Dian   61
  29     Schermerhorn, Alice M.              90
  29     Fazakerley, Louise A.               86
  31     Bombas, George                      73

AUGUST
  1      Gail, Ada E.                        96
  2      Roth, Milton                        91
  5      Russo, Margaret E.                  85
  6      Dikmak, Adele                       84
  9      Potter, Mollie                      92
  9      Dalton, Philip A. S.                62

                      114
   12       Dao, Hao                 87
   13       Tibbetts, Warren         77
   17       Howell, Shirley F.       85
   17       Vallas, George           80
   18       Oothuppan, John V.       79
   21       Stratis, John            84
   22       Leonard, Edward H.       85
   25       Matisoff, Macey          95
   26       Crowley, Paul P.         70
   29       McDermott, John W.       73

SEPTEMBER
     1      Katz, Evelyn             91
     1      Keegan, Daniel D.         89
     2      Gentile, Anna M.         85
     4      Pero, Lillian E.         95
     4      Wolbarsht, Florence R.   92
     4      Doherty, Lucille M.      93
     5      Winkler, Harry David     87
     5      Mullen, Charles H.       81
     5      Murphy, John J., Jr.     54
     6      Somers, Margaret M.      74
     6      Andrews, Robert V.       88
     7      Jacobs, Belle            87
     8      Sebell, Norman I.        87
    11      Ayers, Norman F.          89
    11      Simons, Marguerite F.    71
    12      Karp, Sara Jean          101
    16      Walsh, James F.           69
    19      Brophy, Aurora R.        91
    19      Ouellette, Claire M.      89
    21      Anderson, Louis R.       81
    24      Puccio, Viola M.         87
    24      Sullivan, Paul H.        70
    25      Gorham, Thomas P.         72
    25      Waggett, Jane Read       48
    25      Thomas, Barbara C.       81
    30      Putnam, Hugh T., Jr.     68

OCTOBER
   2        Bainton, Michelle        69
   3        Donlon, Graham H.        87

                        115
    4      Logan, Mary Eleanor        84
    6      Destito, Anna R.           86
    6      Laridis, Eugenia           86
    9      Halperin, Stanley D.       86
   10      Tykochinskaya, Roza        95
   11      Salah, James M.            87
   11      Devine, Janice M.          58
   12      Germas, Charles J.         92
   14      Rogers, Charles L.         93
   14      Madden, Inta               71
   19      Brenner, Charles F.        80
   20      Miller, Shirley Edith      84
   21      Martin Francis X           83
   21      Boutas, Serafim V.         77
   21      Iversen, Richard L.        89
   22      Porter, Marsha             77
   25      Britton, Virginia M.       87
   25      Gildea, George T.          85
   27      Zibrak, Gerald             85
   27      Fama, Patricia O.          81
   28      Goldman, Sarah R.          90

NOVEMBER
    8      Konarski, Jeanette M.      103
   12      Burnett, Dorothy E.        81
   15      Barson aka Schwartz, Eva   92
   16      Gildea, Anthony J.         76
   16      Murray, Albert F.          88
   17      Fallon, Anna M.            83
   17      Wilcher, Abrasha           101
   18      Tierney, Stephanie         93
   18      Stewart, Helen A.           83
   18      Simons, William J.         88
   21      Dotolo, Phyllis M.         81
   22      L'Heureux, James R.        70
   22      McCarthy, Lois P.          78
   24      D'Amico, Paul A.           47
   28      Hanlon, Dennis P.           49
   30      O'Keeffe, Pauline L.        70




                        116
DECEMBER
    5      White, Edith S.                          85
    5      Greenwood, Maryjane                     66
    6      Droney, Julie S.                        44
    7      Costa, Adeline F.                       88
   12      Stone, Hilda L.                         87
   14      Golembe, Stanley N.                      88
   17      O'Brien, Myra G.                        71
   18      Giniewicz, Ada G.                        93
   21      Argiros, Antonios E.                    93
   22      West, John R., Jr. aka Jonathan Welch    56
   23      Desses, Chryssoula                       89
   26      Bright, John A.                         90
   27      Dilyock, Natalie                        100
   30      Feather, Barclay                        90
   31      Tattelman, Fraedelle R.                  81




                        117
                                 2009 MARRIAGES

JANUARY
 3    Mary Elizabeth Cowan             Canton     Rev. David P. Callahan
      Ira William Proctor, III         Canton     Priest

 10   Patricia Eileen McNeil           Canton     Rev. John E. Kelly
      John James Maguire               Walpole    Priest

 10   John Clark Vaughn                Quincy     Howard H. MacMullen, Jr.
      Jennifer Jean Durand             Quincy     Member of the Clergy

 15   Christopher Michael D'Amarino    Canton     Linda Woodhouse
      Victoria Antoinette Flaherty     Canton     Justice of the Peace

 31   Aari Hugo Evert                  Canton     Rev. Lark d' Helen
      Kathryn Marie Landes             Canton     Member of the Clergy

FEBRUARY
 6    Mark E. Scanzio                  Boston     Donna M. Cunio
      Heather R. Plapis                Canton     Minister

 14   Michael Welch                    Canton     Linda Woodhouse
      Cindly L. Peterson               Canton     Justice of the Peace

 15   Diane Kaplan                     Boston     Leonard Fisher
      Harold Greenberg                 Boston     Justice of the Peace

 15   Anastasia S. Mighty              Canton     Beverly Ann Bonner
      Zephryn A. Harbin                Canton     Justice of the Peace

MARCH
 20   Sofia Mary Sarkis                Boston     Glen Hannington
      Rody Fady Moukhaiber             Boston     Justice of the Peace

 21   Allison Kay Mantia               Boston     Jeanne Hauge
      Jason Marc Clutterbuck           Boston     Justice of the Peace

 21   Christopher James Sykes          Canton     Raymond P. Kiley
      Jennifer Michelle Nauyokas       Canton     Priest




                                      118
APRIL
 4      Jamie Beth Sue Katzeff             Canton              Elliott Hurvitz
        Mark Walter Aufiero                Canton              Justice of the Peace

 14     Zelia F. Dias                      Central Falls, RI   Alex Geourntas
        Candido L. Silva                   Quincy, Ma          Justice of the Peace

 18     Kathleen Margaret Doyle            Canton              Rev. Harold Birkenhead
        Kevin M. Crimi                     Canton              Priest

 23     Stanley Staco                      Canton              Rosaria Salerno
        Marjorie Bayard                    Canton              Justice of the Peace

 24     Jennifer L. Niehus                 Hampton, NH         Donna Modist
        Special R. Coleman                 Hampton, NH         Justice of the Peace

 24     Joanna Rachel Dever                Canton              Linda Woodhouse
        Richard Francis Martin III         Rockland            Justice of the Peace

 25     James Patrick Donovan              Canton              Michael McLellan
        Sara Marie Conlon                  Norton              Priest

 25     Joseph Michael Orlando             Canton              David K. MacAdam
        Amber-Rose Talitha Cumi Andrews    Canton              Minister

 28     Yolanda Annette Ferrara            Raynham             Judith Todd McNichol
        William Paul Perry, Jr.            Raynham             Justice of the Peace


MAY
 2      Andrew Baker Moore                 Canton              Howard H.MacMullen, Jr.
        Lindsey Meredith Huckins           Canton              Minister

 30     Sandra Lynn Wallen                 Brockton            Michelle A. Lydon
        Daniel Joseph Weigold              Brockton            Justice of the Peace

 30     Sara Marie Barrett                 Carver              Robert F. Tarantino
        Eric Eugene Gutekunst              Weymouth            Justice of the Peace




                                          119
JUNE
 5     James S. Clifford               Canton          Richard MacDonald
       Jill Marie Ortega               Canton          One Day Solemnizer

 5     Michelle Lee Albanese           Canton          Jerome Gangitano
       Brian S. Trainor                Canton          One Day Solemnizer

 6     Kaitlyn Elizabeth Gray          Canton          Philip C. Jacobs, III
       Justin Richard Turcotte         Pawtucket, RI   Priest

 6     Andrea D'Attanasio              Brooklyn, NY    Lev Baesh
       Philip Edward Covitz            Brooklyn, NY    Rabbi

 7     Nir Drory                       Canton          Linda Woodhouse
       Sivan Shukrun                   Canton          Justice of the Peace

 12    Michael John Fitzgerald         Boston          Maureen L. Hallsen
       Siriporn Siriwangsanti          Quincy          Justice of the Peace

 13    Kara Maria Spinale              Boston          Fr. Ron Coyne
       Jacinto Tristan Diletizia       Canton          Priest

 13    Maryann Romano                  Wood Dale, IL   Alan W. Ulrich
       Anthony Joseph Sarfino          Wood Dale, IL   Justice of the Peace

 13    David Alan Kimball II           Stoughton       James Krikava
       Alexis Gwynn Parker             Stoughton       Member of the Clergy

 13    Alison Lyn Silver               Sausalito, CA   Joseph Eiduson
       Christopher Galvan Daglow       Sausalito, CA   Rabbi

 13    Corrin Marie Smith              Canton          Wayne F. Brasco, Sr.
       Christopher Joseph Arone        Canton          Justice of the Peace

 13    Lisa Marie Macari               Canton          John L. Sullivan, Jr.
       John Eric Michaelson            Canton          Priest

 14    Patricia Ann Hanson             Canton          Paula J. Taylor
       Allan Paul Claydon              Troy, NY        Minister

 20    Dianne Patrice Lynch            Canton          John W. O'Brien
       Joseph-Conrad Antonio Borneo    Canton          Priest

                                      120
 21    Daniel Richard Wright             Boston           Leroy Greenaway
       Cherise Tassele Calvina Morris    Milton           Member of the Clergy

 21    Robert Daniel Farrier             Canton           Karina Batista Concepcion
       Lucia Narciso Freitas             Canton           Justice of the Peace

 27    Erica Maria Fillion               Canton           Suzanne E. Gaddy
       Kevin Michael Lawson              Canton           Justice of the Peace

 27    Kathleen Erin Rooney              Canton           Fr. Raymond P. Kiley
       Kof Oteng Dwomoh                  Salem, NH        Priest

 27    John Lawrence Adams               Cumberland, RI   Fr. Michael McLellan
       Jennifer Marie Bunt               Canton           Priest

 27    Karen Coffey Woods                Canton           Rev. Dr. Andrea Ayvazian
       Nicholas Cooper Glammaria         Canton           Minister

JULY
 4     Shawn Patrick Clark               Canton           Rev Seok Hong, Ph.D.
       Sarah Eunjin Ahn                  Canton           Pastor

 7     Andrew Robert Gustin              Sharon           Edwin S. Little
       Jacqueline Ann Hartwell           Sharon           Justice of the Peace

 10    Patsanella Stevenson              Randolph         Brian P. Howard
       Jeff Kangethe Kanina              Randolph         Justice of the Peace

 10    Damien McClory                    Canton           Richard E. Ramponi
       Kayleen Dunphy                    Canton           Justice of the Peace

 11    Daniel Arthur Muse                Orange, Ct       John L. Sullivan, Jr.
       Maureen Anne Forde                Canton           Priest

 25    Emily Ann Appel                   Canton           Paul A. Flanagan
       Scott Matthew Young               Canton           Justice of the Peace

 25    Erin Marie Tudor                  Berkley, Ma      Rev. Jay T. Maddock
       John Joseph Quinn, Jr.            Berkley, Ma      Priest




                                        121
AUGUST
 1    Cleveland Daniel Francoeur        Canton            Sheryl Victorson
      Crystal Sousa Medeiros            Bristol, RI       Justice of the Peace

 1    Diana Elizabeth Cole              Canton            John L. Sullivan, Jr.
      Christopher William Surprenant    New Orleans, LA   Priest

 8    Robert Michael Price              Stoughton         Joseph P. McDermott
      Nancy Christine Healy             Canton            Priest

 8    Daniel Patrick Rohan              Randolph          James C. Gibney
      Sarah Ann Rushworth               Randolph          Minister

 8    Jessica Lynn Stevenson            Canton            Edward F. Doughty
      Matthew Joseph Morrissey          Canton            Priest

 9    Anne K. Chan                      Quincy            Edward A. McAllister
      Kenneth Yuen                      Boston            Justice of the Peace

 14   Robyn Ann Laycob                  Canton            Rev Michael McLellan
      Thomas William Zangla             Canton            Priest

 15   Michael Nelvyn Gartman            Canton            William R. Wildman, Jr.
      Melissa Marie Nadru               Canton            Member of the Clergy

 15   Christopher Farr Kennedy          Stoughton         George H. Zarella
      Meredith Anne Betz                Stoughton         Deacon

 15   Todd Steven Lazarus               Canton            Kathleen M. McKeon
      Jennifer Marie Leach              Canton            One Day Solemnizer

 22   Scott Phillip Cohen               Canton            Michael Marram
      Patricia Rosa Obando              Canton            Justice of the Peace

 22   Holly Beth DiSalvo                Canton            William T. Sweeney
      Daniel Jeffrey Erickson           Canton            One Day Solemnizer

 29   Brooks Campbell King              Canton            Margaret King Saphier
      Alice Wai Sze Lau                 Canton            Member of the Clergy




                                       122
 29   Gina Marie Franco                Canton           Anna E. Butera
      Paul Joseph Cunningham           Canton           Member of the Clergy

 29   Lauren Jeanne Ammendoila         New Brunswick    Thomas R. Pennypacker II
      Christopher Paul Harvey          New Brunswick    Justice of the Peace

 29   Matthew Albert Osborne           Canton           Dennis A. Dever
      Colleen Dawn Connors             S. Weymouth      Priest


SEPTEMBER
 2    James Patrick Demarco            Canton           Michelle A. Lynch
      Jacqueline Elizabeth Oliverio    Canton           Justice of the Peace

 5    Kate Corbat Milstein             Canton           Dennis Geller
      Alexander Raymond Finlayson      Stoughton        Minister

 5    Marianne Theresa Mearn           Canton           Arnold R. Medeiros
      John Thomas Marinucci, Jr.       Canton           Priest

 5    Katelyn Elizabeth O'Keefe        Canton           Walter F.Keymont
      Ryan D. Marini                   Canton           Priest

 6    Jeffrey Alan Abraham             Canton           Richard Meirowitz
      Rachel Ann Miller                Canton           Rabbi

 6    Valerie Jean Weldon              Canton           Michael Marram
      Daniel Joseph Berger             Canton           Justice of the Peace

 9    Terry M. Marciante               Canton           Laurie C. Robbins
      Michael G. Paquette              Canton           Justice of the Peace

 11   Patrick Ian Hawes                Middletown, CT   Thomas M. Halkovic
      Sandra Mariza Dasilva            Middletown, CT   Priest

 12   Rachel Gilmore Thomas            Easton           Samuel S. Rodman
      Nathan Percy Dunbar              Easton           Priest

 19   Jennifer Sookyee Mui             Newton           Scott Spencer
      Samnang Sonn                     Canton           Member of the Clergy




                                      123
 19   Jeffrey Andrew Clardy        Seekonk, Ma    Philip C. Jacobs, III
      Eileen Frances Jenkins       Canton         Priest

 19   Kaitlin Marie Slobodkin      Canton         Richard E. Cannon
      Matthew Owen Lavery          Quincy         Priest

 26   Elizabeth Sheehan Edmonds    Wrentham       Kathe M. Tuttman
      Nicholas David Morrison      Boston         One Day Solemnizer

 26   Jeffrey Scott Sykier         Quincy         Daniel L. King
      Jill Marie Thibault          Quincy         Minister

 26   Krista Michelle Huff         Canton         Jean Elizabeth Ellis-Labossiere
      Gregory Scott McGurk         Canton         Justice of the Peace

 29   Daniel Jacob Rudnick         Canton         Benjamin Kravitz
      Kathryn Margaret Welch       Canton         One Day Solemnizer

OCTOBER
 3    Ian Anthony Andrews          Brockton       William J. Geary
      Ellen Conroy Crouch          Boston         One Day Solemnizer

 10   Timothy P. Gaines            Canton         Richard L. Plunk
      Marclyse Michel              Canton         Member of the Clergy

 16   Sara Coleen Malley           Canton         Sheryl J. Victorson
      Christopher Lee Shirkey      Canton         Justice of the Peace

 17   Joseph Francis Colicchio     San Jose, Ca   Branwen L. Cook
      Caroline Susan Cole          San Jose, Ca   Member of the Clergy

 18   Ariel N. Wortzman            New York, NY   Jay M. Harris
      Ilan Gabriel Harris          Sharon         One Day Solemnizer

 24   David John Cotter, Jr.       Boston         Eugene P. Sullivan
      Sarah Elizabeth Markesich    Boston         Priest

 31   Shannon Kathleen Kilduff     Canton         John L. Sullivan
      Troy N. Fickett              Canton         Priest




                                  124
NOVEMBER
 7    Theresa Noreen Magner          Arlington, VA   Rev. John J. Unni
      Christopher Stephen Straub     Arlington, VA   Priest

 14   Brian Joseph Pendergast        Canton          Emile R. Boutin, Jr.
      Kathryn Anne Delpozzo          Canton          Priest

 19   Daniel E. Fils                 Stoughton       Linda Woodhouse
      Martine Estine                 Canton          Justice of the Peace

 20   Sophia Zarakhovich             Canton          Sheryl J. Victorson
      Alexander Melamed              Canton          Justice of the Peace

 23   Eric A. Perez                  Canton          Beverly Ann Bonner
      Bradley Elizabeth Bosanquet    Canton          Justice of the Peace

 28   Jinhao Lin                     Canton          James G. Mullen, Jr.
      Xiaojing Luo                   Canton          Justice of the Peace


DECEMBER
 11   Alan C. Levy                   Canton          Linda Woodhouse
      Brian John Winberg             Canton          Justice of the Peace

 12   Paul J. Sullivan               Canton          Brian D. Berkel
      Marianne Sakowicz              Pomona, NY      Justice of the Peace

 20   Lawrence Alan Ruben            Canton          Todd A. Markley
      Jennifer Lynne Lipsitt         Canton          Rabbi

 26   Linda Edith Thernize           Boston          Alton Beech
      Kevin Williams                 Easton          Pastor

 31   Patrick Bennett Hurley         Canton          Christopher J. Coyne
      Jennifer Ann Harrington        Canton          Priest

 31   Jonathan Edward Hurtig         Canton          Barbara Sokol
      Michelle Helena Martin         Canton          One Day Solemnizer




                                    125
                               TOWN ELECTION

                                APRIL 7, 2009

BOARD OF SELECTMEN        1       2         3      4    5     6     TOTAL

 Gerald “Sal” Salvatori   213    386        225   287   306   244    1661

 Avril T. Elkort          209    344        260   285   271   196    1565

 Jeremy J. Comeau         74     124        84    96    136   81     595

 Blanks                   65     141        115   123   164   101    709

 Others                    3      1          0     1     1     0      6

 Total                    564    996        684   792   878   622    4536


TOWN CLERK                1       2         3      4    5     6     TOTAL

 Tracy K. Kenney          220    381        237   293   324   239    1694

 Blanks                   62     116        105   102   115   71     571

 Others                    0      1          0     1     0     1      3

 Total                    282    498        342   396   439   311    2268


BOARD OF ASSESSORS        1       2         3      4    5     6     TOTAL

 Rocco F. Digirolamo      214    368        224   270   310   224    1610

 Blanks                   68     128        118   126   129   86     655

 Others                    0      2          0     0     0     1      3

 Total                    282    498        342   396   439   311    2268


BOARD OF HEALTH           1       2         3      4    5     6     TOTAL

 Paul J. Alfano           196    339        218   246   283   205    1487

 Blanks                   84     157        124   150   156   104    775

 Others                    2      2          0     0     0     2      6

 Total                    282    498        342   396   439   311    2268




                                      126
SCHOOL COMMITTEE                  1            2          3          4   5      6        TOTAL

 Cynthia Thomas                   192         345         214    255     301    215       1522

 Blanks                           89          151         128    139     138    94        739

 Others                            1           2           0         2    0      2         7

 Total                            282         498         342    396     439    311       2268



PLANNING BOARD                    1            2          3          4   5      6        TOTAL

 Kristin J. B. Mirliani           191         341         211    240     294    203       1480

 Blanks                           91          155         131    156     143    104       780

 Others                            0           2           0         0    2      4         8

 Total                            282         498         342    396     439    311       2268



LIBRARY TRUSTEE            1            2            3           4       5          6    TOTAL
 Nancy Mark               192          346          220         253      310    213       1534

 Joan Schottenfeld        172          306          199         226      269    200       1372

 ** Joyce Wiseman          7            27           11          19       30        13    107

 Blanks                   471          808          593         687      703    498       3760

 Others                    4            7            3           3        5         9      31

 Total                    846          1494         1026        1188     1317   933       6804



HOUSING AUTHORITY                 1            2          3          4   5      6        TOTAL

 Martin Dorian                    192         343         219    248     288    212       1502

 Blanks                           90          154         123    148     150    98        763

 Others                            0           1           0         0    1      1         3

 Total                            282         498         342    396     439    311       2268



** denotes a write-in candidate



                                                   127
    SPECIAL STATE PRIMARY TO FILL SENATOR IN CONGRESS
                        VACANCY

                             DECEMBER 8, 2009

                        DEMOCRATIC PARTY
SENATOR IN CONGRESS      1       2             3     4     5     6     TOTAL

 Michael E. Capuano      112     137           81    119   116   114    679

 Martha Coakley          188     267           194   217   220   205    1291

 Alan a. Khazei          48      95            42    76    60    52     373

 Stephen G. Pagliuca     67      68            53    69    48    50     355

 **Scott P. Brown            0    0            0     1     1     0       2

 Blanks                      0    1            1     0     0     0       2

 Total                   415     568           371   482   445   421    2702


                        REPUBLICAN PARTY
SENATOR IN CONGRESS          1       2         3     4     5     6     TOTAL

 Scott P. Brown          103     135           130   154   115   97     734

 Jack E. Robinson            8    7            15    9     7     4       50

 **Michael E. Capuano        1    0            0     0     1     0       2

 **Martha Coakley            0    0            0     1     1     1       3

 Blanks                      0    0            1     0     0     0       1

 Total                   112     142           146   164   124   102    790


                        LIBERTARIAN PARTY
SENATOR IN CONGRESS      1       2             3     4     5     6     TOTAL

 **Stephen G.                1    0            0     0     0     0       1
 Pagliuca

 Blanks                      0    2            0     0     0     0       2

 Total                       1    2            0     0     0     0       3

** Denotes Write In Candidate


                                         128
                         ANNUAL TOWN MEETING
                                APRIL 27, 2009
                                FIRST SESSION

In accordance with the warrant the Annual Town Meeting was convened on April
27, 2009 and called to order by the Town Clerk Tracy K. Kenney at 7:31pm with
206 voters present.

The Pledge of Allegiance was recited.

The Town Clerk, Tracy K. Kenney introduced Monsignor Charles Bourque from
St. John’s Church who offered the invocation.

The reading of the Warrant was dispensed with on a motion duly made, seconded
and unanimously voted.

The reading of the Constable’s return was dispensed with on a motion duly made,
seconded and unanimously voted.

                                   ARTICLE 1
ELECT A MODERATOR
Article 1 To elect a Moderator to preside at this Town Meeting, and to serve until
the commencement of Annual Town Meeting in 2010, or to take any other action
related thereto.
Board of Selectmen

MOVED: That the Town elect a Moderator to preside at this Town Meeting
and to serve until a successor Moderator is elected at the commencement of
Annual Town Meeting in 2010.

                  FINANCE COMMITTEE VOTE:                7-0-0

Jonathan Arata was nominated and elected Moderator.

APPROVED UNANIMOUS VOICE VOTE

                                   ARTICLE 2
ADOPT RULES TO GOVERN TOWN MEETING
Article 2 To see if the town will vote to adopt certain procedures to govern the
conduct of the 2009 Annual Town Meeting, or to take any other action related
thereto.
Board of Selectmen




                                        129
MOTION 1
MOVED: That this 2009 Annual Town Meeting meet on consecutive Monday
and Wednesday evenings (but not including Monday, May 25th) in the Morse
Auditorium, on the grounds of the Canton High School until the business of
this Annual Town Meeting has been concluded, each such session to begin at
7:30 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 the business pending at the said
hour.
                  FINANCE COMMITTEE VOTE: 7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 2, Motion 1 as
printed in the warrant.

John Connolly, Board of Selectmen Chairperson, made a substitute motion that
this 2009 Annual Town Meeting meet on consecutive Monday and Wednesday
evenings (but not including Monday, May 25th) in the Morse Auditorium, on the
grounds of the Canton High School until the business of this Annual Town
Meeting has been concluded, each such session after the initial session to begin 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 the business pending at the said hour.

Mr. Emhardt felt that 7:30pm was more reasonable to allow Town boards
sufficient time to meet prior to any future session of Town Meeting.

Bernard Couming spoke against the substitute motion feeling that 7:00pm might
be a problem for some people that do not get home from work until 6:00pm to be
here by 7:00pm.

VOTED: That this 2009 Annual Town Meeting meet on consecutive Monday and
Wednesday evenings (but not including Monday, May 25th) in the Morse
Auditorium, on the grounds of the Canton High School until the business of this
Annual Town Meeting has been concluded, each such session after the initial
session to begin 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 the business pending
at the said hour.
ADOPTED MAJORITY SHOW OF HANDS

MOTION 2
MOVED: That the following individuals be granted all of the rights and
privileges of participation in this Annual Town Meeting, except the right to
vote, under any article of this warrant which affects matters within their
jurisdiction:

      Robin Billing, Director for Curriculum, Instruction & Technology
      Joseph Ciccolo, Supt.-Director, Blue Hills Regional Technical School
      John Ciccotelli, Director of Public Health
      John D’Auria, Superintendent of Schools

                                       130
      Paul R. DeRensis, Town Counsel
      Alan B. Dewey, Assistant Superintendent for Student Services
      James Donovan, Town Engineer
      Bernard Fallon, Superintendent of Buildings & Grounds
      Helena Findlen, Police Department Lieutenant
      William T. Friel, Town Administrator
      Paul Gargano, Town Accountant
      Brian Joyce, Senator
      Louis Jutras, Information Systems Manager
      Jeffrey Kaylor, Recreation Director
      Mark Lague, Library Director
      Kenneth Leon, Business Manager, School Department
      James Murgia, Finance Director
      Robert Murphy, Conservation Commission Agent
      David Proule, Business Manager, Blue Hills Regional Technical School
      Mark Roy, Executive Director, Canton Housing Authority
      Michael Trotta, Superintendent of Public Works
      Diane Tynan, Director of Council on Aging
      John Wieliczki, Director of Assessing

                  FINANCE COMMITTEE VOTE:                7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 2, Motion 2 as
printed with the addition of Peter Shea from the Bank of Canton and Patrick
Considine of Considine Development.

VOTED: That the following individuals be granted all of the rights and privileges
of participation in this Annual Town Meeting, except the right to vote, under any
article of this warrant which affects matters within their jurisdiction:

      Robin Billing, Director for Curriculum, Instruction & Technology
      Joseph Ciccolo, Supt.-Director, Blue Hills Regional Technical School
      John Ciccotelli, Director of Public Health
      John D’Auria, Superintendent of Schools
      Paul R. DeRensis, Town Counsel
      Alan B. Dewey, Assistant Superintendent for Student Services
      James Donovan, Town Engineer
      Bernard Fallon, Superintendent of Buildings & Grounds
      Helena Findlen, Police Department Lieutenant
      William T. Friel, Town Administrator
      Paul Gargano, Town Accountant
      Brian Joyce, Senator
      Louis Jutras, Information Systems Manager
      Jeffrey Kaylor, Recreation Director
      Mark Lague, Library Director
      Kenneth Leon, Business Manager, School Department
      James Murgia, Finance Director

                                      131
      Robert Murphy, Conservation Commission Agent
      David Proule, Business Manager, Blue Hills Regional Technical School
      Mark Roy, Executive Director, Canton Housing Authority
      Michael Trotta, Superintendent of Public Works
      Diane Tynan, Director of Council on Aging
      John Wieliczki, Director of Assessing
      Peter Shea, Bank of Canton
      Patrick Considine, Considine Development

ADOPTED UNANIMOUS VOICE VOTE

MOTION 3
MOVED: That whenever during discussion under any article in this warrant
during this year’s annual town meeting, irrespective of which session such
discussion is reached during the progress of the annual town meeting, a
motion is made the effect of which is to increase the total amount to be
appropriated beyond that which is recommended by the Finance Committee
or which changes the method of obtaining funds to meet that appropriation,
the moderator shall not accept such motion unless said motion also contains a
corresponding decrease in another appropriation as contained in an
appropriation article on this specific warrant or a corresponding transfer
from any other available funding source, so that the total amount to be
appropriated by the town, at this town meeting, and to be expended
thereafter, for all the appropriation articles contained in this warrant, shall
not in any event exceed the total dollar amount recommended by the Finance
Committee as set forth in the published Report of the Finance Committee
Recommendations as may be increased by any transfer from available funds.

                  FINANCE COMMITTEE VOTE:                7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 2, Motion 3 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 3

HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS
Article 3 To hear the reports of all committees, appointed at previous town
meetings, which have not yet been discharged, or to take any other action related
thereto.
Board of Selectmen

ADA Transition Plan Implementation Committee (ATM 1999, Article 10)

Economic Development Committee (ATM 2004, Article 14)

The Route 138 Revitalization Study Committee (ATM 2007, Article 22)

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MOVED: That the Town Meeting hear and accept reports of all committees
appointed at previous Town Meetings which have not been discharged such
as:

    ADA Transition Plan Implementation Committee (ATM 1999, Article 10)
    Economic Development Committee (ATM 2004, Article 14)
    The Route 138 Revitalization Study Committee (ATM 2007, Article 22)

                   FINANCE COMMITTEE VOTE:                  7-0-0

Kevin Feeney gave a report for the ADA Transition Plan Implementation
Committee.

Gene Manning gave a report for the Economic Development Committee.

Gerald Salvatori gave a report for the Route 138 Revitalization Study Committee.

REPORTS ACCEPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 4

ACT ON “CONSENT AGENDA”
Article 4 To see if the town will vote to dispose of certain articles in this warrant
by a single vote, in accordance with a, so-called, consent agenda, or to take any
other action related thereto.
Board of Selectmen

MOVED: That the following articles be disposed of by a single vote, in
accordance with the Finance Committee motions as printed in the report of
the Finance Committee, entitled “Recommendations of the Finance
Committee for the Voters of Canton, Massachusetts”: Articles 19, 20, 30, 31,
32, 38, 42, 43 and 44.

                   FINANCE COMMITTEE VOTE:                  6-0-0

Finance Committee Chairperson Dave Emhardt moved that the following articles
be disposed of by a single vote, in accordance with the Finance Committee
motions as printed in the report of the Finance Committee, entitled
“Recommendations of the Finance Committee for the Voters of Canton,
Massachusetts”: Articles 6, 8, 11, 30, 31, 32, 35, 38, 42, 43 and 44.

Attorney Paul Schneiders made an amended motion that the articles be postponed
indefinitely “without consideration, without prejudice and without unfavorable
action” which would allow any of these articles to possibly be resubmitted next
year instead of simply postponing indefinitely which could be interpreted as a
negative vote, not allowing them to be submitted to Town Meeting for two years.




                                        133
Paul Derensis, Town Counsel, stated that those terms are used for zoning articles
and since none of these are zoning articles those words would have no effect.

Mr. Schneiders withdrew his motion.

VOTED: That the following articles be disposed of by a single vote, in
accordance with the Finance Committee motions as printed in the report of the
Finance Committee, entitled “Recommendations of the Finance Committee for the
Voters of Canton, Massachusetts”: Articles 6, 8, 11, 30, 31, 32, 35, 38, 42, 43 and
44.

ADOPTED UNANIMOUS VOICE VOTE

                                   ARTICLE 6

FUNDING OF COST ITEMS NOT IN DEPARTMENTAL BUDGETS
Article 6 To see what sum of money the Town will vote to raise and appropriate,
transfer from available funds or borrow pursuant to any applicable statute for the
purpose of funding cost items, not included in departmental budgets appropriated
for FY 10, for the twelve month period beginning July 1, 2009, to budget category
Department 910 without further appropriation for collective bargaining
agreements and/or individual employees or groups of employees serving under its
jurisdiction, as may be reached after the conclusion of this Town Meeting between
the Town and bargaining units, and/or individual employees or groups of
employees serving under its jurisdiction, such sums to be allocated to pay for the
relevant departments payroll expenses from budget classification Department 910
as required by such agreements; and to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 6 be indefinitely postponed.

                  FINANCE COMMITTEE VOTE:                 7-0-0

                                   ARTICLE 8

PAY BILLS OF PRIOR FISCAL YEAR
Article 8 To see if the town will vote to raise and appropriate, transfer from
available funds or borrow pursuant to any applicable statute a sum or sums of
money to pay any unpaid bills of any prior fiscal year, or to take any other action
related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 8 be indefinitely postponed.

                  FINANCE COMMITTEE VOTE:                 7-0-0




                                       134
                                    ARTICLE 11

AUTHORIZE CONTRACTS OF MORE THAN THREE YEARS DURATION
Article 11 To see if the town will vote, in accordance with the provisions of
section twelve (b) of chapter thirty B, of the General Laws of the Commonwealth,
to authorize the finance director (in his capacity as chief procurement officer) to
solicit and award contracts for terms of more than three years, provided in each
such instance the longer term is determined, prior to the solicitation, to be in the
best interest of the town by a vote of the Board of Selectmen, or to take any other
action related thereto.
Board of Selectmen

MOVED: That the Finance Director (in his capacity as chief procurement
officer) be authorized to solicit and award contracts for terms of more than
three years, provided in each such instance the longer term is determined to
be in the best interest of the town by a vote of the Board of Selectmen.

                   FINANCE COMMITTEE VOTE:                  7-0-0

                                    ARTICLE 30

ACQUIRE PARCEL ON CURTIS CIRCLE
Article 30 To see if the Town will vote to authorize the Board of Selectmen to
acquire by purchase, gift or eminent domain the fee title or lesser title interests in
all or any portion of that certain parcel located north of Curtis Circle, known as
Town of Canton Tax Assessor Map 27, Parcel 198, and shown as Lot 9 on the plan
entitled “Subdivision Plan of Land in Canton,” dated January 17, 1958 and on file
with the Norfolk County Registry District of the Land Court as Plan No. 26531-B,
for general municipal purposes; to see if the Town will vote to appropriate, borrow
pursuant to any applicable statute or transfer from available funds, a sum of money
for such purposes; or to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 30 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  7-0-0

                                    ARTICLE 31

SALE OF PROPERTY HELD BY CONSERVATION COMMISSION
Article 31 To see if the Town will vote to authorize the Conservation
Commission to transfer to the Board of Selectmen from the Conservation
Commission the care, custody, management and control of a certain parcel located
north of Curtis Circle, known as Town of Canton Tax Assessor Map 27, Parcel
198, and shown as Lot 9 on the plan entitled “Subdivision Plan of Land in
Canton,” dated January 17, 1958 and on file with the Norfolk County Registry
District of the Land Court as Plan No. 26531-B; to authorize the Board of
Selectmen to sell, convey, release or otherwise dispose of such parcel(s) of land or

                                         135
lesser interests therein, subject to Massachusetts G.L. c. 30B; to authorize the
Board of Selectmen to file with the General Court a petition for the enactment of a
Home Rule special act set forth below and to request the Town’s representatives to
the General Court to introduce a Special Act set forth below, and further to
authorize the General Court, with the approval of the Board of Selectmen, to make
constructive changes in language as may be necessary or advisable towards
perfecting the intent of this legislation in order to secure passage; to authorize the
Board of Selectmen to transfer to the Conservation Commission the proceeds from
the sale of such parcel for the purposes of making improvements to that real
property and the structures thereat known as Town of Canton Tax Assessor Map
27, Parcel 198 and sometimes also known as the “Barn”; or to take any other
action related thereto.

           AN ACT APPROVING THE TOWN OF CANTON TO
         GRANT, SELL, CONVEY OR OTHERWISE DISPOSE OF
       CERTAIN INTERESTS IN LAND SITUATED IN THE TOWN OF
       CANTON AND DEDICATED TO CONSERVATION PURPOSES

Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of
the Commonwealth of Massachusetts, and notwithstanding the provisions of any
general or special law to the contrary, the Town of Canton, acting by and through
its Board of Selectmen, is hereby authorized to sell, convey, release or otherwise
dispose of the land or lesser title interests in all or any portion of that certain parcel
located north of Curtis Circle, known as Town of Canton Tax Assessor Map 27,
Parcel 198, and shown as Lot 9 on the plan entitled “Subdivision Plan of Land in
Canton,” dated January 17, 1958 and on file with the Norfolk County Registry
District of the Land Court as Plan No. 26531-B, for any lawful purpose.
Section 2. This act shall take effect upon its passage.
Board of Selectmen for the Conservation Commission

MOVED: That the subject matter of Article 31 be indefinitely postponed.

                    FINANCE COMMITTEE VOTE:                    7-0-0

                                     ARTICLE 32

AMEND GENERAL BY-LAWS ARTICLE XIV BY ADDING NEW SECTION
55 – CONTROLLED SUBSTANCES
Article 32 To see if the Town will vote to amend Article XIV of the General By-
laws by adding a new Section 55 as follows:

Section 55 Controlled Substances
§ 55.1     Prohibited Acts.

No person shall smoke, ingest, or otherwise use or consume marihuana or
tetrahydrocannabinol (as defined in G.L. c. 94C, § 1, as amended) while in or
upon any street, sidewalk, public way, footway, passageway stairs, bridge, park,
playground, beach, recreation area, boat landing, public building, schoolhouse,

                                          136
school grounds, cemetery, parking lot, or any area owned by or under the control
of the Town; or in or upon any bus or other passenger conveyance operated by a
common carrier; or in any place accessible to the public.
B. No person shall smoke or consume in any manner, any controlled substance as
defined in Massachusetts General Law Chapter 94C upon any private land or place
without the consent of the owner or person in control of such land.

§ 55.2      Enforcement.
This Article VI may be enforced through any lawful means in law or in equity
including, but not limited to, enforcement by criminal indictment or complaint
pursuant to G.L. c. 40 § 21, or by noncriminal disposition pursuant to G.L. c. 40,
§ 21D, by the Board of Selectmen, the Town Administrator, or their duly
authorized agents, or any police officer. The fine for violation of this by-law shall
be three hundred dollars ($300) for each offense. Any penalty imposed under this
by-law shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.
§ 55.3      Seizure of Controlled Substances.
All controlled substances being used in violation of this article may be seized and
held until final adjudication in court whereupon they will be destroyed by the
Police Department.

or take any other action as may be related thereto.
Board of Selectmen for the Chief of Police

MOVED: That the subject matter of Article 31 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  7-0-0

                                    ARTICLE 35

ARTICLE FOR PONKAPOAG GOLF COURSE
Article 35 To see if the Town will vote to authorize the Board of Selectmen,
pursuant C. 182, sec. 103 of the Acts of 2008,

- to enter into a lease of the Ponkapoag Golf Course (Map 82 – Parcel 39) from the
Commonwealth for a term not to exceed 25 years along with such other related
agreements with the Commonwealth as are necessary or appropriate;
- to raise and appropriate transfer from available funds, or borrow pursuant to any
applicable statute funds for the acquisition, repair, improvement, maintenance,
expansion and development of the golf course and the facilities and amenities
related thereto;

 - to create an enterprise fund pursuant to Massachusetts G.L. c. 44, sec. 53F1/2 to
receive income generated by the operation of the golf course to be expended for
such operation and improvements and related debt service if any;

- to maintain, improve, develop and operate the golf course;




                                        137
 - to establish, if appropriate, a town board or commission to have jurisdiction of
and responsibility for the management, improvement and/or operation of such
course during the time of such lease to the town;

- to enter into such contracts, agreement and other arrangements, including but not
limited to management agreements, pursuant to Massachusetts G.L. c. 30B, as
may be necessary, appropriate or convenient to the maintenance, improvement,
development or operation of the golf course or

- to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 35 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  7-0-0

                                    ARTICLE 38

FUNDING REQUEST FOR SCHOOL CAPITAL NEEDS
Article 38 To see if the town will vote to raise and appropriate, transfer from
available funds, or borrow pursuant to any applicable statute a sum of money to be
spent by the Canton School Committee for Canton Public Schools capital requests,
including:

1. Special Education acoustical wall panels at the Galvin Middle School
2. Interschool/town wide communication system
3. Transfer of capital funds requested by the School Department from previously
authorized capital projects to other capital projects;
Or take any other action related thereto.
Board of Selectmen for the School Committee

MOVED: That the subject matter of Article 38 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  6-0-0

                                    ARTICLE 42

ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE GENERAL
COURT
Article 42 To see if the town will vote to accept any general or session laws
enacted by the General Court for the benefit of cities or towns or of benefit to the
Town of Canton, or to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 42 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  8-0-0



                                         138
                                   ARTICLE 43

INSURANCE PROCEEDS
Article 43 To see whether the Town will vote to appropriate all sums over
$20,000 recovered under the terms of any insurance policy and all other insurance
proceeds paid to the Town in connection with any losses suffered during the
course of the year, FY 09, or to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 43 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                 7-0-0

                                   ARTICLE 44

VOTE TO RESCIND UNUSED BORROWING AUTHORIZATIONS
Article 44 To see if the town will vote to rescind unused borrowing authorizations
previously voted by the town, or to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 44 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                 7-0-0

                                    ARTICLE 5

COLLECTIVE BARGAINING AGREEMENTS AND NON-UNION
EMPLOYMENT AGREEMENTS UNDER THE BOARD OF SELECTMEN
Article 5 To see if the town will vote, in accordance with the provisions of
section seven of chapter one hundred fifty E (G. L. Ch.150E, §7) to raise and
appropriate, transfer from available funds, or borrow pursuant to any applicable
statute, a sum of money for the purpose of funding any cost items contained in any
collective bargaining agreements entered into by the Board of Selectmen, on
behalf of the town, with any group of employees, or, groups of employees, serving
under its jurisdiction, and to raise and appropriate, transfer from available funds,
or borrow pursuant to any applicable statute, such sums of money as may be
necessary to fund contracts for personal services with any individual employee, or
to take any other action related thereto.
Board of Selectmen

MOVED: That the sum of Eleven Thousand Four Hundred Eighty Five
Dollars ($11,485) be raised and appropriated from the fiscal year 2010 tax
levy and other general revenues of the Town in order to fund the cost items
contained in a contract dated March 10, 2009 between the Town of Canton, as
represented by the Board of Selectmen, and the Administrative Employees
Association, allocated to supplement the following budgets as may be
established for FY 2010:



                                        139
              Animal Control                                          $2,007
              Building & Zoning                                        1,937
              Council on Aging                                         1,757
              Health Department                                        1,790
              Property Maintenance                                     2,130
              Recreation Department                                    1,864

              TOTAL                                                $11,485

                    FINANCE COMMITTEE VOTE:                   5-1-0

Finance Committee Chairperson Dave Emhardt moved Article 5 as printed in the
warrant.

Pat Johnson, a member of the Finance Committee, expressed her concern about
increasing salaries to be in line with surrounding town salaries in the current
economic climate and also about giving a one-time incentive to two members who
might retire.

Allan Keith also expressed his concern in providing incentive to people who are
about to retire.

John Connolly, Board of Selectmen Chairperson, explained that providing
incentives for early retirement for someone in a higher step, making more money,
and replacing them with someone at a lower salary will in the long term save
money.

Article 5 adopted as printed in the warrant.

ADOPTED MAJORITY VOICE VOTE

                                     ARTICLE 21

ACCEPTANCE OF DEEDS IN LIEU OF FORECLOSURE
Article 21 To see if the Town will vote to accept from the owners of the parcels
listed below, deeds for any or all of such parcels in lieu of foreclosure for failure to
pay to the Town real estate taxes and other municipal charges pursuant to G.L. c.
60, § 77C, or to take any other action related thereto.

Canton Assessors Map#12, Parcel 31; Map #60, Parcel 127; Map #60,
Parcels 76 & 77; Map #65, Parcels 85 & 136; Map #80, Parcel 147 and Map #101,
Parcel 22.
Board of Selectmen

MOVED: That the Town accept from the owners of the parcels listed below,
deeds for any or all of such parcels in lieu of foreclosure for failure to pay to
the Town real estate taxes and other municipal charges pursuant to G.L. c.
60, § 77C contingent upon the property owners providing to the Board of


                                         140
Selectmen an evaluation of the land performed by a professional land
surveyor/civil engineer.

Canton Assessors Map#12, Parcel 31; Map #60, Parcel 127; Map #60,
Parcels 76 & 77; Map #65, Parcels 85 & 136; Map #80, Parcel 147 and Map
#101, Parcel 22.

                   FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 21 as printed in the
warrant.

Board of Selectmen Chairperson John Connolly moved a substitute motion that the
subject matter of Article 21 be postponed indefinitely. We want to be certain that
there are no issues before the Town accepts these parcels. There has not been
sufficient time to do that.

Mr. Emhardt stated that the Finance Committee supports the substitute motion.

VOTED: POSTPONED INDEFINITELY UNANIMOUS VOICE VOTE

                                    ARTICLE 23

APPROVE HIGHER FEE RATE FOR DELINQUENCIES REQUIRING
DEMAND NOTICES
Article 23 To see if the town will vote to insert a new bylaw of the town as set
forth below, or to take any other action related thereto:

Article VIII, Section 15 – For each written demand issued by the Collector and
provided for by law, the Collector shall charge a fee of ten dollars ($10.00), which
fee shall be added to, and collected as part of, the amount of the tax, as provided
by Chapter 60, Section 15, subsection (2) of the General Laws.
Board of Selectmen

MOVED: That the town vote to insert a new bylaw of the town as set forth
below:

Article VIII, Section 15 – For each written demand issued by the Collector
and provided for by law, the Collector shall charge a fee of ten dollars
($10.00), which fee shall be added to, and collected as part of, the amount of
the tax, as provided by Chapter 60, Section 15, subsection (2) of the General
Laws.

                   FINANCE COMMITTEE VOTE:                 5-2-0

Finance Committee Chairperson Dave Emhardt moved Article 23 as printed in the
warrant.
This Article allows Canton to raise the fee it currently charges for each written
demand from five dollars ($5.00) to ten dollars ($10.00), which is used to mitigate

                                        141
the additional cost of the tax collection efforts. The Majority of the Finance
Committee supports Article 23; however, some members felt that it was unfair
during these tough economic times to charge more money in fees to those who are
having trouble paying their taxes.

VOTED: That the town insert a new bylaw of the town as set forth below:

Article VIII, Section 15 – For each written demand issued by the Collector and
provided for by law, the Collector shall charge a fee of ten dollars ($10.00), which
fee shall be added to, and collected as part of, the amount of the tax, as provided
by Chapter 60, Section 15, subsection (2) of the General Laws.

ADOPTED MAJORITY VOICE VOTE

                                    ARTICLE 36

PROPOSED AMENDMENT TO DEMOLITION DELAY BY-LAW
Article 36 To see if the Town will vote to amend Article XIX of the General By-
laws as follows, or take any other action related thereto.

1. Ownership Interest:

     “Section 2: Definitions.” is amended by adding a new subsection “i)” as
follows to appear following subsection “h)”:
i) Applicant: The person(s) or entity applying for a demolition determination
under this bylaw. The Applicant must be the owner of record of such property at
time of application.

2. Related Permits and Approvals:

     “Section 4: Procedure.” is amended by adding a new subsection “e)” as
follows to appear immediately at the end of Section 4.

    e) No permit for demolition of a building determined to be Historically
Significant Building or Structure under subsection d) of this section shall be issued
by the Building Commissioner until all permits and approvals for use and
development of the site after the demolition have been issued. Such permits and
approvals shall include, but are not limited to, any necessary zoning variances,
special permits, planning board permits and approvals, conservation commission
permits and approvals, board of health permits and approvals.

3. Duration of Demolition Decisions by the Historical Commission:

     “Section 4: Procedure.” is amended by adding a new subsection “f)” as
follows to appear immediately following the newly added subsection “e)” above.

    f) The Building Commissioner may issue a demolition permit after the
Demolition Delay Bylaw is complied with. The demolition permit is valid under
the State Building Code for a period of six months. If the building or structure is

                                        142
not taken down within six months after the issuance of the demolition permit by
the Building Commissioner, the applicant must request an extension of the
Historical Commission’s demolition decision. The Commission may issue an
extension of its demolition decision if the property ownership or nature of the
project has not changed. Additional extensions will require the property owner to
submit a new application for a new demolition decision to be heard by the
Commission.

     End of Section 4, subsections “a)” and “b)” indent a minimum of one inch and
relabeled as paragraphs “i)” and “ii)” respectively.
Board of Selectmen for the Canton Historical Commission

MOVED: That the Town amend Article XIX of the General By-laws as
follows:

1. Ownership Interest:

“Section 2: Definitions.” is amended by adding a new subsection “i)” as
follows to appear following subsection “h)”:

i) Applicant: The person(s) or entity applying for a demolition
determination under this bylaw. The Applicant must be the owner of record
of such property at time of application.
2. Related Permits and Approvals:

“Section 4: Procedure.” is amended by adding a new subsection “e)” as
follows to appear immediately at the end of Section 4.

e) No permit for demolition of a building determined to be an Historically
Significant Building or Structure under subsection d) of this section shall be
issued by the Building Commissioner until all permits and approvals for use
and development of the site after the demolition have been issued. Such
permits and approvals shall include, but are not limited to, any necessary
zoning variances, special permits, planning board permits and approvals,
conservation commission permits and approvals, and board of health permits
and approvals.

3. Duration of Demolition Decisions by the Historical Commission:

“Section 4: Procedure.” is amended by adding a new subsection “f)” as
follows to appear immediately following the newly added subsection “e)”
above.

 f) The Building Commissioner may issue a demolition permit after
compliance with the Demolition Delay Bylaw. The demolition permit is valid
under the State Building Code for a period of six months. If the building or
structure is not taken down within six months after the issuance of the
demolition permit by the Building Commissioner, the applicant must request


                                      143
an extension of the Historical Commission’s demolition decision. The
Historical Commission shall issue an extension of its demolition decision,
authorizing the Building Commissioner’s issuance of a new demolition
permit, if the property ownership or nature of the project has not changed. A
change in property ownership or change in the nature of the project,
however, shall require the property owner to submit a new application for a
new demolition decision to be heard by the Historical Commission.

The provisions of the subsection “f” shall not apply to determinations of the
Historical Commission made prior to the adoption of this amendment.

End of Section 4, subsections “a)” and “b)” are amended to indent a
minimum of one inch and be relabeled as paragraphs “i)” and “ii)”
respectively.

                   FINANCE COMMITTEE VOTE:                  5-0-2

Finance Committee Chairperson Dave Emhardt moved the Finance Committees
substitute motion of Article 36 as printed in the warrant.

The Finance Committee supports this article. The change in the by-law requires
the owner of a property to appear before the Historic Commission when applying
for a demolition permit for a Historically Significant Building or Structure. The
intent of this change is to provide the Historical Commission with additional
resources in their quest to determine if the structure has any historical importance.
Typically a developer and/or lawyer for a project seeking a demolition permit are
not familiar with the cultural history of the property and cannot provide detailed
information as to historical relevance to the Town.

This motion also requires the applicant to obtain all other required permits prior to
the Building Commissioner issuing the permit for demolition of a Historically
Significant Building or Structure. The intent of restricting the actual demolition of
the structure until such time is to avoid the demolition of a historically important
structure until the necessity and validity of the demolition is justified by the
progress of the intended project.

The demolition permit for a Historically Significant Building is only valid for six
months. If the Building or Structure is not taken down or removed within that
time, the applicant must request an extension of the Historic Commission's
decision. The intent of this change is to provide the Historic Commission an
opportunity to work with a new owner in an attempt to save the structure or to
work with the current owner to incorporate part or all of the structure into the new
project plans.
Wallace Gibbs, a member of the Historic Commission, urged support of the
article.
Attorney Paul Schneiders moved to amend the motion by changing the wording
“The provisions of the subsection “f” shall not apply to determinations of the
Historical Commission made prior to the adoption of this amendment” to read

                                        144
“The provisions of this subsections “e” and “f” shall not apply to determinations of
the Historical Commission made prior to the adoption of this amendment”.

Amendment approved.

ADOPTED UNANIMOUS VOICE VOTE

VOTED: That the Town amend Article XIX of the General By-laws as follows:

1. Ownership Interest:

“Section 2: Definitions.” is amended by adding a new subsection “i)” as follows
to appear following subsection “h)”:

i) Applicant: The person(s) or entity applying for a demolition determination
under this bylaw. The Applicant must be the owner of record of such property at
time of application.

2. Related Permits and Approvals:

“Section 4: Procedure.” is amended by adding a new subsection “e)” as follows to
appear immediately at the end of Section 4.

e) No permit for demolition of a building determined to be an Historically
Significant Building or Structure under subsection d) of this section shall be issued
by the Building Commissioner until all permits and approvals for use and
development of the site after the demolition have been issued. Such permits and
approvals shall include, but are not limited to, any necessary zoning variances,
special permits, planning board permits and approvals, conservation commission
permits and approvals, and board of health permits and approvals.

3. Duration of Demolition Decisions by the Historical Commission:

“Section 4: Procedure.” is amended by adding a new subsection “f)” as follows to
appear immediately following the newly added subsection “e)” above.

 f) The Building Commissioner may issue a demolition permit after compliance
with the Demolition Delay Bylaw. The demolition permit is valid under the State
Building Code for a period of six months. If the building or structure is not taken
down within six months after the issuance of the demolition permit by the
Building Commissioner, the applicant must request an extension of the Historical
Commission’s demolition decision. The Historical Commission shall issue an
extension of its demolition decision, authorizing the Building Commissioner’s
issuance of a new demolition permit, if the property ownership or nature of the
project has not changed. A change in property ownership or change in the nature
of the project, however, shall require the property owner to submit a new
application for a new demolition decision to be heard by the Historical
Commission.


                                        145
The provisions of the subsections “e” and “f” shall not apply to determinations of
the Historical Commission made prior to the adoption of this amendment.

End of Section 4, subsections “a)” and “b)” are amended to indent a minimum of
one inch and be relabeled as paragraphs “i)” and “ii)” respectively.

ADOPTED UNANIMOUS VOICE VOTE

                                     ARTICLE 22

VOTE TO SELL TOWN PROPERTY
Article 22 To see if the Town will vote to authorize the Board of Selectmen to
sell, convey, release or otherwise dispose of the certain parcel of land located off
Massasoit Street, known as Town of Canton Tax Assessor Map 100, Parcel 148,
and shown as Lot 1362 on that plan entitled “Manitou Park, Glen Echo Lake,
Canton, Mass.,” dated June 1906 and recorded at the Norfolk County Registry of
Deeds in Plan Book 49 as Plan No. 2336, or lesser interests therein, subject to
Massachusetts G.L. c. 30B, or to take any other action related thereto.
Board of Selectmen

MOVED: That the Board of Selectmen is authorized to sell, convey, release or
otherwise dispose of the certain parcel of land located off Massasoit Street,
known as Town of Canton Tax Assessor Map 100, Parcel 148, and shown as
Lot 1362 on that plan entitled “Manitou Park, Glen Echo Lake, Canton,
Mass.,” dated June 1906 and recorded at the Norfolk County Registry of
Deeds in Plan Book 49 as Plan No. 2336, or lesser interests therein, subject to
Massachusetts G.L. c. 30B.

                   FINANCE COMMITTEE VOTE:                   7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 22 as printed in the
warrant.

The Finance Committee unanimously supports Article 22. This is a small parcel
of land that is less than 2,500 square feet that the Town owns through tax
foreclosure. Said property will go out to bid and the sales proceeds will go to the
general fund.

ADOPTED UNANIMOUS VOICE VOTE

                                     ARTICLE 24

VOTE TO ACQUIRE RIGHTS FOR ELM STREET WATER MAIN
Article 24 To see if the Town will vote to authorize the Board of Selectmen,
pursuant to G.L. c. 40 and 79, to acquire by purchase, gift or eminent domain the
fee title, easements, or lesser title interests in all or any portions of those certain
parcels located off Elm Street and listed below and as shown on that plan entitled
“Route Alternative 2” Standish Drive ” dated November 2008, and on file with

                                         146
the office of the Planning Board; at the office of the Town Clerk; at the office of
the Board of Selectmen; at the research desk of the Canton Public Library; and on
the town website, for the installation, maintenance and use of a water supply and
distribution system; to see if the Town will vote to appropriate, borrow pursuant to
any applicable statute or transfer from available funds, a sum of money for such
purposes; or to take any other action related thereto.

Property Address      Assessor ID
777 Dedham Street     Map 33, Lot 4
7 Standish Way         Map 33, Lot 15

Board of Selectmen

MOVED: That the Board of Selectmen is authorized, pursuant to G.L. c. 40
and 79, to acquire by purchase, gift or eminent domain the fee title,
easements, or lesser title interests in all or portions of those certain parcels
located off Elm Street and listed below and as shown on that plan entitled
“Route Alternative 2, Standish Drive” and dated November 2008, for the
installation, maintenance and use of a water supply and distribution system.

Property Address        Assessor ID
777 Dedham Street       Map 33, Lot 4
7 Standish Way          Map 33, Lot 15

                   FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 24 as printed in the
warrant.

The Finance Committee voted unanimously to support Article 24. The Board of
Selectman has deemed it desirable and in the best interest of the Town to connect
to an MWRA Water Main via Elm Street. This connection will increase the
Town's water pressure, create a back-up connection to MWRA, and provide water
to Canton residents who are currently being provided water by Milton. In order to
further this goal, authorization must be given to the Board of Selectman to acquire
land necessary for the project.

ADOPTED UNANIMOUS VOICE VOTE

                                   ARTICLE 12

AUTHORIZE CERTAIN REVOLVING FUNDS
Article 12 To see what revolving funds pursuant to c. 44, section 53E ½ of the
General Laws of the Commonwealth the town will authorize or reauthorize, for
various boards, commissions or departments of the town, for the fiscal year
beginning July 1, 2009 and ending June 30, 2010, or to take any other action
related thereto.
Board of Selectmen

                                        147
Article 12:        The Finance Committee recommendation is as follows:

MOVED: That the following revolving funds are hereby established pursuant
to the provisions of MGL chapter 44, section 53 E ½ for the Fiscal Year July
1, 2009 through June 30, 2010.




                 FINANCE COMMITTEE VOTE:             7-0-0

                                    148
Finance Committee Chairperson Dave Emhardt moved Article 12 as printed in the
warrant.

Allan Keith asked what would happen to any remaining funds in the Greenlodge
Street Parking Fund.

Mr. Emhardt responded that the funds go directly into the general fund.

Mr. Keith asked why there is a revolving fund if the money goes to the general
fund.
William Friel, Town Administrator, responded that the revolving funds are used
cover the costs incurred for printing voucher tickets, the installation of lighting,
paving, policing, snowplowing and other general ongoing operating expenses for
the Greenlodge parking area.

Roy Bates stated that he though Canton High School was not currently charging
student parking fees and asked if those fees would be re-implementing.

Reuki Schutt, School Committee Chairperson, responded that there was no plan to
reinstate the parking fees at this time, however, they are requesting that the
revolving account stays in existence should they have the need to renew those
fees.

Article 12 adopted as printed.

ADOPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 40

ADDITIONAL 43D PRIORITY DEVELOPMENT SITES
Article 40 To see if the Town will designate the following parcels of land as
"Priority Development Sites" in the Town of Canton for expedited municipal
permitting within the meaning of G.L. Ch. 43D, or to take any other action related
thereto. Said parcels are shown on maps, copies of which have been placed on file
at the office of the Planning Board, at the office of the Town Clerk, at the office of
the Board of Selectmen; at the research desk at the Canton Public Library and on
the town website.

1. 777 Dedham Street (Map 33, Parcel 4)
2. 480 Neponset Street (Map 15 Parcel 39)

and that G. L. Chapter 43D be accepted by the town for Priority Development
Sites designated in this vote;

and that the Board of Selectmen be hereby authorized to prepare and submit an
application for determination of eligibility and approval of the foregoing Priority
Development Sites with the Commonwealth of Massachusetts Interagency
Permitting Board;


                                         149
and that the Board of Selectmen be hereby authorized to implement the following
within 120 days of the acceptance of Chapter 43D with respect to the above
mentioned Priority Development Sites:

(a) appoint a single point of contact to serve as the primary municipal liaison for
all issues relating to Chapter 43D in connection with said Priority Development
Sites;

(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 Sites;

(c) along with the town's permitting boards, collect and ensure the availability of
all governing statues, local bylaws, regulations, procedures and protocols
pertaining to each permit;

(d) establish a procedure whereby the Board of Selectmen shall determine all
permits, reviews and pre-development review required for a Priority 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 of jurisdiction or substantive standards with abutting municipalities and
a procedure for notifying the applicant; and

(e) establish a procedure, following notification of the required submissions for
review as set for in clause (d) above, for determining if all the materials required
for the review of the Priority Development project have been completed.
Board of Selectmen for Economic Development Committee

MOVED: To designate the following parcels of land as "Priority Development
Sites" in the Town of Canton for expedited municipal permitting within the
meaning of G.L. Ch. 43D, or to take any other action related thereto. Said
parcels are shown on maps, copies of which have been placed on file at the
office of the Planning Board, at the office of the Town Clerk, at the office of
the Board of Selectmen; at the research desk at the Canton Public Library
and on the town website.

1. 777 Dedham Street (Map 33, Parcel 4)
2. 125 Shawmut Road (Map 19, Parcel 17)

and that G. L. Chapter 43D be accepted by the town for Priority
Development Sites designated in this vote;

and that the Board of Selectmen be hereby authorized to prepare and submit
an application for determination of eligibility and approval of the foregoing
Priority Development Sites with the Commonwealth of Massachusetts
Interagency Permitting Board;



                                         150
and that the Board of Selectmen be hereby authorized to implement the
following within 120 days of the acceptance of Chapter 43D with respect to
the above mentioned Priority Development Sites:

(a) appoint a single point of contact to serve as the primary municipal liaison
for all issues relating to Chapter 43D in connection with said Priority
Development Sites;

(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 Sites;

(c) along with the town's permitting boards, collect and ensure the availability
of all governing statues, local bylaws, regulations, procedures and protocols
pertaining to each permit;

(d) establish a procedure whereby the Board of Selectmen shall determine all
permits, reviews and pre-development review required for a Priority
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 of jurisdiction or substantive standards
with abutting municipalities and a procedure for notifying the applicant; and

(e) establish a procedure, following notification of the required submissions
for review as set for in clause (d) above, for determining if all the materials
required for the review of the Priority Development project have been
completed.

                  FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 40 as printed in the
warrant.

The Finance Committee unanimously supports Article 40. The Town adopted
Chapter 43D Expedited Permitting at the 2007 ATM. Since that time five (5)
parcels have been designated as Priority Development Sites. By all accounts, the
recent Chapter 43D designations have furthered the Town’s goals of attracting
new commercial and business developments which generates revenue to the Town.

Gene Manning, Chairperson of the Economic Development Committee spoke in
support of the article.

VOTED: To designate the following parcels of land as "Priority Development
Sites" in the Town of Canton for expedited municipal permitting within the
meaning of G.L. Ch. 43D, or to take any other action related thereto. Said parcels
are shown on maps, copies of which have been placed on file at the office of the
Planning Board, at the office of the Town Clerk, at the office of the Board of


                                       151
Selectmen; at the research desk at the Canton Public Library and on the town
website.

1. 777 Dedham Street (Map 33, Parcel 4)
2. 125 Shawmut Road (Map 19, Parcel 17)

and that G. L. Chapter 43D be accepted by the town for Priority Development
Sites designated in this vote;

and that the Board of Selectmen be hereby authorized to prepare and submit an
application for determination of eligibility and approval of the foregoing Priority
Development Sites with the Commonwealth of Massachusetts Interagency
Permitting Board;

and that the Board of Selectmen be hereby authorized to implement the following
within 120 days of the acceptance of Chapter 43D with respect to the above
mentioned Priority Development Sites:

(a) appoint a single point of contact to serve as the primary municipal liaison for
all issues relating to Chapter 43D in connection with said Priority Development
Sites;

(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 Sites;

(c) along with the town's permitting boards, collect and ensure the availability of
all governing statues, local bylaws, regulations, procedures and protocols
pertaining to each permit;

(d) establish a procedure whereby the Board of Selectmen shall determine all
permits, reviews and pre-development review required for a Priority 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 of jurisdiction or substantive standards with abutting municipalities and
a procedure for notifying the applicant; and

(e) establish a procedure, following notification of the required submissions for
review as set for in clause (d) above, for determining if all the materials required
for the review of the Priority Development project have been completed.
ADOPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 13

“OMNIBUS” CAPITAL OUTLAY PROGRAM
Article 13 To see if the town will vote to raise and appropriate, or to transfer from
available funds, or to authorize the Town Treasurer with the approval of the Board

                                         152
of Selectmen, to borrow (and to issue bonds or notes therefore) any sum or sums
of money, or by any combination of these methods of financing as may be
necessary or desirable, make available funds for the purpose of purchasing,
leasing, re-conditioning, improving or replacing any motor vehicles or other items
of equipment or machinery or other items of personal property for any town
agency, or for the purpose of contracting for any service, or for the design, repair,
acquisition, construction, replacement or relocation or improvement to any town
building or other structure, public works facility (including highway needs and
traffic safety items), any other town owned facility or real property, or for any
other purposes for which borrowing may be authorized, to purchase, or to take by
eminent domain, any land or easements necessary for any such purposes and,
where applicable, to authorize the trade-in of any presently owned motor vehicles,
equipment or machinery to reduce the purchase or acquisition cost of any item to
be acquired, or to take any other action related thereto.
Board of Selectmen for Capital Planning Committee

MOTION 1
MOVED:
           (a) The acquisition of all vehicles and other motorized equipment
that is authorized to be purchased or otherwise acquired by any motion made
under this warrant article shall be under the responsibility of the Finance
Director/Chief Procurement Officer. In addition to the procurement, the
“trade-in” or other disposition of all vehicles and other motorized equipment
being replaced shall be under the responsibility of the Finance Director/Chief
Procurement Officer. In all cases where by a motion made under this
warrant article, a vehicle or other piece of motorized equipment is to be
acquired by a town agency such purchase or acquisition shall be subject to
and bound by the detailed specifications regarding such purchase or
acquisition on file in the office of the Town Clerk; provided, however, the
Finance Director/Chief Procurement Officer, may, in appropriate
circumstances, waive or modify the said detailed specifications, subject to a
vote of the Finance Committee, taken within 30 (thirty) days following a
decision to waive or to modify the foregoing provision requiring full
compliance with the specifications on file.

        (b) All building related projects which are approved and or funded
by any motion made under this article shall be under the responsibility of the
Building Renovations Committee appointed pursuant to Canton By-law,
Article X, section 4, except as may be provided by any specific motion made
pursuant to this article.

                   FINANCE COMMITTEE VOTE:                  8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 1 as
printed in the warrant.



                                        153
This motion authorizes the Finance Director to supervise vehicle acquisitions and
the Building Renovations Committee to oversee all building/land improvement
projects.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 2
MOVED: That Two Hundred Twenty Six Thousand Dollars ($226,000) be
appropriated from the Fiscal Year 2010 tax levy and other general revenues
of the town for the Board of Selectmen to expend with the approval of the
Department head or Board or Commission indicated below for the purpose of
purchasing certain items of property set forth below for various Municipal
Departments as follows:
                                                           CPC &      FINCOM     CPC
    RECOMMENDATIONS                                        FINCOM        VOTE   VOTE

    Police Department
    Purchase Three Patrol Cars                               99,000     8-0-0   7-0-0
    Replace Bullet Resistant Vests                           21,000     8-0-0   7-0-0
    Replace Patrol Motorcycle                                11,000     8-0-0   7-0-0

    Fire Department
    Ford F350 Pickup Truck (2nd year lease payment)          12,000     8-0-0   7-0-0

    Finance
    Replace Computer Hardware/Software (10 systems)          10,000     8-0-0   7-0-0
    Purchase Server/Desktop Virtualization for Library       25,000     8-0-0   7-0-0

    Buildings & Prop. Maintenance
    Ford F350 Truck (2nd year lease payment)                 12,000     8-0-0   7-0-0

    Emergency Management
    Purchase Emergency Shelter Supplies                      15,000     8-0-0   7-0-0

    Recreation
    Sod Replacement/Field Rehabilitation                     10,000     8-0-0   7-0-0

    Library
    Workstations – Computers for Public Use (12 systems)     11,000     8-0-0   7-0-0

    GRAND TOTAL                                            $226,000

The amounts listed above for particular acquisitions are not to be construed
as individual appropriations. The sums shown are intended to be estimates of
individual items but the amount appropriated is one line item in the total sum
of Two Hundred Twenty Six Thousand Dollars ($226,000). The Finance
Director and Town Administrator, acting jointly, are hereby authorized to
distribute such funds in such a manner as may be needed to accomplish the
forgoing list of purchases; provided, however, that each item contained in the
list is procured and that the excess funds are available because one or more
items cost less than estimated and not because an item intended to be
procured is not so procured.


                                           154
Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 2 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 3
MOVED: That One Hundred Sixty Nine Thousand Dollars ($169,000) be
appropriated from the Fiscal Year 2010 tax levy and other general revenues
of the town, for the Canton School Committee to expend for the purpose of
purchasing certain items of property set forth below for the School
Department as follows:
                                                     CPC &       FINCOM      CPC
    RECOMMENDATIONS                                  FINCOM        VOTE     VOTE

    Technology
    Hansen – Computers                                 $21,000      7-1-0   7-0-0
    (with existing computers to be disposed of)
    JFK – Paging System                                  8,000      7-1-0   7-0-0
    HS – Assorted Items                                 35,000      7-1-0   7-0-0
    Systemwide – Computers/Other Peripheral Equip.      75,000      7-1-0   6-1-0

    Building Improvements
    Hansen – Security Card Reader                        5,000      7-1-0   7-0-0

    Program Improvements
    Elementary – Risers/Curriculum/Wellness              5,000      7-1-0   7-0-0

    Extraordinary Maintenance
    JFK/Systemwide – Consolidated requests              14,000      7-1-0   7-0-0

    Furniture & Fixtures
    Hansen – Desks and Chairs                            6,000      7-1-0   7-0-0

    GRAND TOTAL                                      $169,000

The amounts listed above for particular acquisitions are not to be construed
as individual appropriations. The sums shown are intended to be estimates of
individual items but the amount appropriated is one line item in the total sum
of One Hundred Sixty Nine Thousand Dollars ($169,000). The Finance
Director and the Business Manager of the School Department, acting jointly,
are herby authorized to distribute such funds in such a manner as may be
needed to accomplish the forgoing list of purchases; provided, however, that
each item contained in the list is procured and that the excess funds are
available because one or more items cost less than estimated and not because
an item intended to be procured is not so procured.

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 3 as
printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE




                                         155
MOTION 4
MOVED: That Two Hundred Forty Two Thousand Dollars ($242,000) be
appropriated to be spent by the Board of Selectmen to pay costs of various
capital projects and equipment as set forth below and to meet said
appropriation the Town Treasurer, with the approval of the Board of
Selectmen, be authorized to borrow, pursuant to any applicable statute or any
other enabling authority as may be, the sum of Two Hundred Forty Two
Thousand Dollars ($242,000).
                                                                      FINCOM CPC
  RECOMMENDATIONS                                          FINCOM      VOTE  VOTE

  Replace Two (2) Life Pak-12 Defibrillators                $51,000    8-0-0   7-0-0
  Upgrade Communication Equip. – Radio System                29,000    8-0-0   7-0-0
  Townwide Traffic Study (includes Pleasant & Wash. St.)          0    8-0-0
  Replace Dump Body – 2004 Sterling L8500                    42,000    8-0-0   7-0-0
  Repairs to Stone Wall at Memorial Hall                     85,000    8-0-0   7-0-0
  Insulation at Memorial Hall                                35,000    8-0-0   7-0-0

  TOTAL                                                    $242,000

The sums shown are intended to be estimates of individual items but the
amount to be appropriated is one line item in the total amount of Two
Hundred Forty Two Thousand Dollars ($242,000). The Finance Director and
the Town Administrator, acting jointly, are hereby authorized to distribute
such funds in such manner as may be needed to accomplish the foregoing list
of projects; provided, however, that each project contained in the list set forth
above is undertaken and that any excess funds are available because one or
more of the listed projects cost less than was estimated and not because a
project intended to be undertaken is not so undertaken.
Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 4 as
printed in the warrant.
ADOPTED UNANIMOUS VOICE VOTE
MOTION 5
MOVED:        That Five Hundred Seventy Eight Thousand Dollars ($578,000)
be appropriated to be spent by the School Committee to pay costs of various
capital projects and equipment as set forth below for the School Department
and to meet said appropriation the Town Treasurer, with the approval of the
Board of Selectmen, be authorized to borrow, pursuant to any applicable
statute or any other enabling authority as may be, the sum of Five Hundred
Seventy Eight Thousand Dollars ($578,000).
                                                            CPC &     FINCOM   CPC
    RECOMMENDATIONS                                        FINCOM     VOTE     VOTE

    Systemwide HVAC Replacements                           $112,000    8-0-0   7-0-0
    Systemwide Plumbing Improvements                         79,000    5-3-0   6-0-1
    Luce – Roof Replacement                                 310,000    8-0-0   7-0-0
    Galvin Middle School – SPED Acoustical Panels            41,000    8-0-0   7-0-0
    Systemwide Interschool/Town Radio System                 36,000    8-0-0   7-0-0

    TOTAL                                                  $578,000

                                           156
The sums shown are intended to be estimates of individual items but the
amount to be appropriated is one line item in the total amount of Five
Hundred Seventy Eight Thousand Dollars ($578,000). The Finance Director
and the School Business Administrator, acting jointly, are hereby authorized
to distribute such funds in such manner as may be needed to accomplish the
foregoing list of projects subject to the approval of the Building Renovations
Committee; provided, however, that each project contained in the list set
forth above is undertaken and that any excess funds are available because one
or more of the listed projects cost less than was estimated and not because a
project intended to be undertaken is not so undertaken.

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 5 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 6
MOVED: That Sixty Thousand Dollars ($60,000) be appropriated to be spent
by the Department of Public Works Superintendent with the approval of the
Board of Selectmen for the purpose of purchasing a utility truck and to meet
said appropriation Sixty Thousand Dollars ($60,000) be transferred from the
water enterprise surplus.

                 FINANCE COMMITTEE VOTE:               8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 6 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 7
MOVED: That Nine Hundred Thousand Dollars ($900,000) be appropriated
to be spent by the Department of Public Works Superintendent with the
approval of the Board of Selectmen to pay costs of Phase 2 Water System
Improvements and to meet said appropriation the Town Treasurer with the
approval of the Board of Selectmen be authorized to borrow pursuant to any
applicable statute or any other enabling authority as may be, the sum of Nine
Hundred Thousand Dollars ($900,000). It is the intent that the bonds and
notes issued pursuant to this authority be general obligations of the Town but
are to be repaid in the first instance from water revenues.

                 FINANCE COMMITTEE VOTE:               8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 7 as
printed in the warrant.

The upgrades in the High School area are needed to increase pipe capacity to
enhance water pressure for use by the Fire Department in emergencies. The


                                     157
construction will close loop dead ends on Cotter, Lewis, Wildewood and Legion
Streets. The work will mainly be cross country through Canton School property.
The 6 inch main at Meadows Avenue and Casey Street, which has experienced
numerous breaks to its poor condition, will be replaced with an 8 inch pipe.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 8
MOVED: That Three Million Dollars ($3,000,000) be appropriated to be
spent by the Department of Public Works Superintendent with the approval
of the Board of Selectmen to pay costs of Elm Street Transmission Main
Improvements and to meet said appropriation the Town Treasurer with the
approval of the Board of Selectmen be authorized to borrow pursuant to any
applicable statute or any other enabling authority as may be, the sum of
Three Million Dollars ($3,000,000). It is the intent that the bonds and notes
issued pursuant to this authority be general obligations of the Town but are to
be repaid in the first instance from water revenues.

                  FINANCE COMMITTEE VOTE:                7-0-1

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 8 as
printed in the warrant.

This project will replace 12” Water Main from MWRA connection on Dedham
Street from the Westwood town line, ending with a connection on Royall Street,
12” main. The transmission main will run from Cumberland Farms property under
Route 95, to Standish Drive, to Elm St, under Route 128 to Green Street and to
Royall Street. The current water main on Elm Street has been repaired 15 times
since 2000 and needs urgently to be upgraded. In addition Royall Street is
currently supplied with water from the Town of Milton and this will cease in 2010
and will require Canton to provide the water supply for Royall Street. The project
also provides Canton with a redundant and safer MWRA connection for Canton’s
Water System.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 9
MOVED: That Two Hundred Seventy Six Thousand Dollars ($276,000) be
appropriated to be spent by the Department of Public Works Superintendent
with the approval of the Board of Selectmen to pay costs of purchasing dump
truck and a loader and to meet said appropriation the Town Treasurer with
the approval of the Board of Selectmen be authorized to borrow pursuant to
any applicable statute or any other enabling authority as may be, the sum of
Two Hundred Seventy Six Thousand Dollars ($276,000). It is the intent that
the bonds and notes issued pursuant to this authority be general obligations
of the Town but are to be repaid in the first instance from water revenues.

                  FINANCE COMMITTEE VOTE:                8-0-0

                                       158
Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 9 as
printed in the warrant.
The Finance Committee unanimously supports this motion to replace a 1994 Ford
L8000 Dump Truck in the amount of $148,000 and to replace 1993 Volvo L50
Loader in the amount of $128,000.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 10
MOVED: That One Hundred Fifty Thousand Dollars ($150,000) be
appropriated to be spent by the Department of Public Works Superintendent
with the approval of the Board of Selectmen to pay the costs of a
comprehensive water resource management plan (sewer component) and to
meet said appropriation One Hundred Fifty Thousand Dollars ($150,000) be
transferred from the sewer enterprise surplus.

                  FINANCE COMMITTEE VOTE:               8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 10 as
printed in the warrant.

This project is a mandated initiative required by the Water Resource Commission
and Mass DEP due to the development of additional water sources and expansion
of the town wide sewer systems. This is part of a cohesive master water planning
guide to conserve and preserve water and the town’s groundwater supply.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 11
MOVED: That Ten Thousand Dollars ($10,000) be appropriated to be spent
by the Department of Recreation Director with the approval of the Board of
Selectmen to pay the costs of rehabilitation of compressor Unit 2 and to meet
said appropriation Ten Thousand Dollars ($10,000) be transferred from the
rink enterprise surplus.

                  FINANCE COMMITTEE VOTE:               8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 11 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 12
MOVED: That Two Hundred Twenty Five Thousand Dollars ($225,000) be
appropriated to be spent by the Fire Chief with the approval of the Board of
Selectmen for the purpose of purchasing an ambulance and to meet said
appropriation the Town Treasurer with the approval of the Board of
Selectmen be authorized to borrow pursuant to any applicable statute or any


                                      159
other enabling authority as may be, the sum of Two Hundred Twenty Five
Thousand Dollars ($225,000). The bonds and notes to be issued pursuant to
this vote shall be general obligations of the Town with the intent that the debt
service principal and interest is to be repaid in the first instance from
Ambulance Receipts Reserved for Appropriation Account.

                   FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 12 as
printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

MOTION 13
MOVED: That Nine Thousand Dollars ($9,000) be spent by the Town Clerk
with the approval of the Board of Selectmen for a voting system and to meet
said appropriation that Nine Thousand Dollars ($9,000) be transferred from
the appropriation voted pursuant to Article 26 of the 2000 Annual Town
Meeting for the purpose of purchasing record retention services thereby
reducing the appropriation from Forty Thousand Dollars ($40,000) to Thirty
One Thousand Dollars ($31,000).

                   FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 13, Motion 13 as
printed in the warrant.
The Global Election Management System is a software system used to tally and
consolidate election results from each of our six precincts and report the results.
This would replace the town’s current “Voter Tally System” which is 10 years old
and no longer supported by the software company supplier.

ADOPTED UNANIMOUS VOICE VOTE

                                   ARTICLE 45

TRANSFER OF FUNDS TO MEET FY 10 APPROPRIATIONS
Article 45 To see what sum the Town will vote to transfer from Free Cash in the
treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the
Assessors to use in fixing the rate, pass any vote, or to take any other action
related thereto.
Board of Selectmen for the Finance Committee

MOVED: That the sum of One Hundred Thousand Dollars ($100,000) be
transferred from Free Cash in the treasury of the Town to the Stabilization
Fund.

                   FINANCE COMMITTEE VOTE:                 6-0-0



                                        160
Finance Committee Chairperson Dave Emhardt moved Article 45 as printed in the
warrant.
Rob Barker spoke in opposition to the transfer feeling moving money to a place
where it requires a two-thirds vote to be appropriated is premature given the kind
of uncertainties the Town will be facing in the budget process over the next year or
so.

Mr. Emhardt stated that this continues past practices of the Finance Committee
and also sends a message to bonding rating agencies how serious Canton is in
managing its reserves to insure favorable rates when it is required to borrow
money for town projects. In the future, if the Town needs the money the funds in
the stabilization account are still available for use but require a two-thirds majority
as opposed as a simple majority.

ADOPTED MAJORITY VOICE VOTE, MORE THAN TWO-THIRDS

                                     ARTICLE 25

VOTE TO APPROVE ACQUISITION OF SEWER SYSTEM- Canton
Technology Center.
Article 25 To see if the Town will vote to authorize the Board of Selectmen to
acquire by purchase, gift or eminent domain the title to and ownership of all or any
portion of the sewer system, including but not limited to pipelines, pumps,
pumping stations and related structures, fixtures, equipment, appurtenances,
materials, property and improvements, to the extent such system is located within
and serving that property known as Canton Technology Center and shown on that
certain plan entitled “Canton Technology Park Sewer Plan and Profile” prepared
by Gale Associates, dated June 13, 1989 and on file with the office of the Planning
Board; at the office of the Town Clerk; at the office of the Board of Selectmen; at
the research desk of the Canton Public Library; and on the town website, for
general municipal and sewer purposes, or to take any other action related thereto.
Board of Selectmen

MOVED: That the Board of Selectmen is authorized to acquire by purchase,
gift or eminent domain the title to and ownership of all or any portion of the
sewer system, including but not limited to pipelines, pumps, pumping stations
and related structures, fixtures, equipment, appurtenances, materials,
property and improvements, to the extent such system is located within and
serving that property known as Canton Technology Center and shown on
that certain plan entitled “Canton Technology Park Sewer Plan and Profile”
prepared by Gale Associates, dated June 13, 1989 for general municipal and
sewer purposes.

                   FINANCE COMMITTEE VOTE:                   7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 25 as printed in the
warrant.


                                         161
There is currently a sewer line that serves the Canton Technology Center that is
owned by a private developer. This Article authorizes the Board of Selectmen to
acquire that sewer system, and bill Technology Center tenants for its usage. Given
its expected nominal cost and because it will be revenue neutral, the Finance
Committee voted to approve the Article as presented.

Peter Pineo inquired whether this sewer system, since it is an older system, would
require any capital improvements.

John Connolly, Board of Selectmen Chairperson, responded no.

ADOPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 7

SET SALARIES OF ELECTED OFFICERS
Article 7 To see if the town will vote, in accordance with the provisions of
section one hundred and eight of chapter forty-one (G. L. chapter 41, §108) to fix
the salary and compensation of all elected officers of the town, or to take any other
action related thereto.
Board of Selectmen

MOTION 1
MOVED: That the salary and compensation for the Town Clerk be fixed at
$66,093 for the fiscal year July 1, 2009 through June 30, 2010.

                   FINANCE COMMITTEE VOTE:                  7-0-0

Fnance Committee Chairperson Dave Emhardt moved Article 7, Motion 1 as
printed in the warrant.
The Finance Committee unanimously supports this motion. The position is a full
time position in Canton. Under Massachusetts General Law, the Town Clerk’s
salary and compensation must be fixed annually by vote at the Annual Town
Meeting. The salary and compensation ($66,093) recommended is a simple 2.5%
cost of living increase over last year’s salary ($64,481), the same cost of living
increase given the other Town’s employees in their contracts for FY10. The
contract did not include any extra compensation for longevity and a survey
compiled by the Town’s Human Resource Director found that the salary and
compensation for the Canton Town Clerk is currently the third lowest of the 12
surrounding towns. Given these facts, the Finance Committee felt the increase in
salary was justified.

ADOPTED UNANIMOUS VOICE VOTE




                                        162
MOTION 2
MOVED: That the salary and compensation for all part-time elected officials
of the town be fixed, as follows:
Board of Assessors            $2,400.00, for each member
Board of Health                $600.00, for each member
Board of Selectmen            $1,400.00, for each member, with an additional
                                $200.00 to chairperson
Planning Board                    $0.00
School Committee                  $0.00

                  FINANCE COMMITTEE VOTE:                7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 7, Motion 2 as
printed in the warrant.

Jonathan Comeau expressed his disapproval that the Town is still compensating
the individual board members when the original purpose for compensating these
board members no longer exists. Today, private firms are retained to set property
values and the medical tests are conducted by the Board of Health employees and
private contractors.

Mr. Emhardt stated that the Finance Committee unanimously supports this motion
but members of the Finance Committee questioned the fairness and equity of
providing compensation to some Boards and Elected Officials but not others and
this will likely be examined further in the future.

ADOPTED MAJORITY VOICE VOTE

                                   ARTICLE 9

ADJUST FISCAL ‘09 ACCOUNTS
Article 9 To see if the town will vote to increase or otherwise adjust the
appropriations heretofore made for the Fiscal Year 2009 beginning on July 1, 2008
and ending on June 30, 2009 and the revenues sources to meet those
appropriations, as voted pursuant to Article 41 of the warrant for the 2008 Annual
Town Meeting, and to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute to meet any such increases or
adjustments, or to take any other action related thereto.
Board of Selectmen
MOTION 1
MOVED: That the appropriations voted for the fiscal year beginning on July
1, 2008 and ending on June 30, 2009 pursuant to Article 41 of the warrant for
the 2008 Annual Town Meeting be supplemented as follows:




                                       163
             BUDGET TO BE                                 REVISED
   #        SUPPLEMENTED       ACCOUNT #      AMOUNT      BALANCE                  SOURCE OF FUNDS

   1   SNOW & ICE              14232-5530C      300,000     484,721    FREE CASH

   2   PROPERTY REVALUATION    11414-52141      300,000     300,000    OVERLAY SURPLUS

   3   ANIMAL CONTROL          12921- 51950        552      132,597    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   ASSESSORS               11411-51950        3,605     232,625    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   BUILDING & ZONING       12411-51950        4,028     302,436    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   CONSERVATION COMM.      11711-51950         412       59,738    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   COUNCIL ON AGING        15411-51950        1,285     194,561    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   EXECUTIVE AREA          11291-51950       15,074     827,442    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   FINANCE DEPARTMENT      11551-51950       23,101     823,732    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   FIRE DEPARTMENT         12201-51950        8,828    4,211,829   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   HEALTH DEPARTMENT       15101-51950        3,885     300,485    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PLANNING BOARD          11751-51950         929       53,717    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   POLICE DEPARTMENT       12101-51950       53,566    3,595,611   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PROPERTY MAINTENANCE    11921-51950        3,220     384,363    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PUBLIC LIBRARY          16101-51950       18,127     940,705    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PUBLIC WORKS            14001-51950       45,328    1,856,318   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   RECREATION DEPARTMENT   16301-51950        3,833     370,895    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   TOWN CLERK              11611-51950        2,990     185,891    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   VETERANS' SERVICES      15431-51950          947      88,164    EMPLOYEE CONTRACT BENEFIT (DEPT #910)
                                  TOTAL #3      189,710

   4   SNOW & ICE              14232-5530C      100,000     584,721    OVERLAY SURPLUS




   SUPPLEMENTS 1, 2 AND 3 FINANCE COMMITTEE VOTE:                                                    8-0-0

         SUPPLEMENT 4 FINANCE COMMITTEE VOTE:                                               4-2-0

Finance Committee Chairperson Dave Emhardt moved a substitute motion that
Article 9, Motion 1 supplements 1, 2 and 3 be adopted as printed in the warrant
and that supplement 4 be amended to transfer the amount of $300,000 to Snow &
Ice.

The Finance Committee unanimously supports the substitute motion. Due to the
severe winter the Snow & Ice account was exceeded.

VOTED: That the appropriations voted for the fiscal year beginning on July 1,
2008 and ending on June 30, 2009 pursuant to Article 41 of the warrant for the
2008 Annual Town Meeting be supplemented as follows:




                                                164
             BUDGET TO BE                                 REVISED
   #        SUPPLEMENTED       ACCOUNT #      AMOUNT      BALANCE                  SOURCE OF FUNDS

   1   SNOW & ICE              14232-5530C      300,000     484,721    FREE CASH

   2   PROPERTY REVALUATION    11414-52141      300,000     300,000    OVERLAY SURPLUS

   3   ANIMAL CONTROL          12921- 51950        552      132,597    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   ASSESSORS               11411-51950        3,605     232,625    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   BUILDING & ZONING       12411-51950        4,028     302,436    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   CONSERVATION COMM.      11711-51950         412       59,738    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   COUNCIL ON AGING        15411-51950        1,285     194,561    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   EXECUTIVE AREA          11291-51950       15,074     827,442    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   FINANCE DEPARTMENT      11551-51950       23,101     823,732    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   FIRE DEPARTMENT         12201-51950        8,828    4,211,829   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   HEALTH DEPARTMENT       15101-51950        3,885     300,485    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PLANNING BOARD          11751-51950         929       53,717    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   POLICE DEPARTMENT       12101-51950       53,566    3,595,611   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PROPERTY MAINTENANCE    11921-51950        3,220     384,363    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PUBLIC LIBRARY          16101-51950       18,127     940,705    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   PUBLIC WORKS            14001-51950       45,328    1,856,318   EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   RECREATION DEPARTMENT   16301-51950        3,833     370,895    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   TOWN CLERK              11611-51950        2,990     185,891    EMPLOYEE CONTRACT BENEFIT (DEPT #910)

   3   VETERANS' SERVICES      15431-51950          947      88,164    EMPLOYEE CONTRACT BENEFIT (DEPT #910)
                                  TOTAL #3      189,710

   4   SNOW & ICE              14232-5530C      300,000     584,721    OVERLAY SURPLUS




ADOPTED UNANIMOUS VOICE VOTE

MOTION 2
MOVED: That the Town transfer $260,078 from Free Cash to be used as an
other financing source in the general fund for FY09.

                        FINANCE COMMITTEE VOTE:                                8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 9, Motion 2 as
printed in the warrant.

The ongoing financial crisis in the state has resulted in a $260,078 reduction in
funds from the state for the current fiscal year. This transfer will offset this loss.

ADOPTED UNANIMOUS VOICE VOTE


                                                165
                                    ARTICLE 26

VOTE TO APPROVE ACQUISITION OF PARCELS FOR THE PURPOSE
OF WIDENING DEDHAM STREET
Article 26 To see if the Town will vote to authorize the Board of Selectmen to
acquire by purchase, gift or eminent domain the fee title or lesser title interests in
all or any portion of certain parcels of land for widening of Dedham Street, such
parcels located along Dedham Street in Canton from the Norwood line to Elm
Street in accordance with a plan entitled “Dedham Street Temporary 1-95 Bridge/4
Lane Corridor/ new 2-Lane MBTA and Neponset River Bridges” dated 1/19/09,
and on file with the office of the Planning Board; at the office of the Town Clerk;
at the office of the Board of Selectmen; at the research desk of the Canton Public
Library; and on the town website, for general municipal purposes, or to take any
other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 26 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  8-0-0

Finance Committee Chairperson Dave Emhardt moved Article 26 as printed in the
warrant.

The Finance Committee unanimously voted to postpone indefinitely Article 26.
The Finance Committee felt that there was insufficient information presented by
the sponsors to adequately understand the financial impact to the Town. A map
showing the northbound slip ramp proposal for Dedham Street in the area from
Shawmut Road to near 777 Dedham Street was provided for review. Specific lots
involved were not identified. This Article approves the acquisition of parcels of
property from Elm Street to the Norwood town line, which includes several homes
and business properties, but it was not clear whether the Town would have to
purchase the property or if cost-free easements could be negotiated with the
property owners.

VOTED: POSTPONED INDEFINITELY UNANIMOUS VOICE VOTE

                                    ARTICLE 28

AMEND THE GENERAL BY-LAWS OF THE TOWN BY ADDING NEW
RIGHT OF WAY BYLAW
(TELECOMMUNICATIONS)
Article 28 To see if the Town will vote to amend the Town’s General By-Laws, as
most recently amended, by adding a new Section 17 to Article XVI to regulate the
use of the Town’s public rights of way as follows, or to take any other action
related thereto.

                           RIGHT-OF-WAY BY-LAW


                                         166
I. PREAMBLE

In partial fulfillment of the obligation to see to the prudential management of the
Town's affairs and assets and in light of the continuing technological revolution in
telecommunications, the recent passage of the Telecommunications Act of 1996
and the de-regulation of the electric and natural gas industries in the
Commonwealth, the Town hereby establishes a comprehensive and fair system of
regulation for all entities which desire to use the Town's Rights-of-Way.

II. INTRODUCTION

The purpose and intent of this By-Law is to:
Provide the Town with accurate and current information concerning all facilities
located in the Town's Rights-of-Way together with current information concerning
entities owning or controlling the Facilities, and
a. Permit and manage reasonable access to the public Rights-of-Way on a
competitively neutral basis, and
b. Manage Grants of Location in Public Ways and approve locations to insure that
facilities in Rights-of Way do not incommode the public use of Rights-of-Way or
endanger or interrupt navigation, and
c. Conserve the limited physical capacity of the Rights-of-Way held in public trust
by the Town, and
d. Assure that the Town is appropriately compensated when its Rights-of-Ways
are utilized by non-governmental entities, and
e. Assure that the Town's current and on-going costs of granting and regulating
private access to and use of the public Right-of- Way are fully paid by the persons
seeking such access and causing such costs, and
f. Assure that the Town can continue to fairly and responsibly protect the public
health, safety and welfare.

This by-law is adopted in accordance with the authority granted, inter alia, by
Amendment Article 89 to Article II of the Massachusetts Constitution, M.G.L.
Chapter 43B section 13, M.G.L. Chapter 40 sections 4, 21 and 22F, and Chapter
85.
III. DEFINITIONS

Applicant: Any person or entity, including without limitation implied, Public
Utility, Telecommunications Carrier, Local Exchange Carrier or municipal
department which owns or exercises general responsibility and control over any
Facility.

Application: The written application on a form prescribed by the Awarding
Authority executed by the Applicant together with a plan showing the location and
details of the Facility in question and the Application Fee by which an Applicant
or Co-Locator requests a Right-of-Way Permit.

Application Fee: A fifty dollar ($50.00) non-refundable processing fee which
shall accompany each application for a Right-of-Way Permit.

                                        167
Attachment: Any device, apparatus, appliance, equipment, wire or cable or other
thing including any Telecommunication Facility installed or proposed to be
installed on or in any Existing Facility whether by Applicant or Co-Locator or
proposed to be installed on any New Facility by Applicant or Co-Locator.

Awarding Authority: The Board of Selectmen of the Town of Canton which has
authority to exercise the powers granted by this By-Law.

Co-Locator: Any person or entity other than Applicant who desires to use an
Existing or New Facility.

Contractor: All officers or employees of Applicant or Co-Locator who perform or
any person or entity engaged by or on behalf of Applicant or Co-Locator to
perform construction, repair or maintenance work on Overhead or Underground
Facilities owned by Applicant and permitted by the Awarding Authority which are
located in the Right-of-Way. The Contractor for purposes of this By-Law and for
all questions of liability in connection with any construction, repair or
maintenance work on Overhead or Underground Facilities owned by Applicant
which are located in the Right-of-Way shall be conclusively deemed an agent of
Applicant or Co-Locator for whom Applicant or Co-Locator is fully responsible.

Default: The failure of the Permit Holder (including all Contractors or other
agents of Permit Holder) (i) to pay when due any License Rental Payment, if any,
(ii) to perform fully any covenant of the License or otherwise fail to comply with
any provision of the License Agreement, the Right-of-Way Permit or the By-Law
following ten days prior written notice to Licensee from Town (iii) to keep its
Certificate of Insurance in full force and effect, or (iv) to provide the service that is
outlined in its Application (except for interruptions in service due to Emergency
Repair Work) for a period of six consecutive months.

DTE: The Massachusetts Department of Telecommunications and Energy created
by Chapter 25 M.G.L. Effective Date: The date upon which this By-Law becomes
effective.
Emergency Repair Work: Right-of-Way Work which must be commenced
immediately to correct a hazardous condition in which the safety of the public is in
imminent danger, such as a threat to life or health of the public or where
immediate correction is required to maintain or restore essential Public Utility
service.

Excess Capacity: The volume or capacity in any Existing Facility that is not being
used or is not proposed to be used as part of a concrete plan for the future at the
time that an Application is made for a Right-of-Way Permit by an Applicant or
Co-Locator.

Existing Facility: An Overhead or Underground Facility which is in existence on
the date of the Application for a Right-of-Way Permit.



                                          168
Facility: Any Overhead or Underground Facility or Attachment thereto including
without limitation any utility or other pipe, duct, line, pole, wire, cable,
transmission line, conduit, pedestal, wave guide, dish, antenna electronic or other
thing located or proposed to be located in, on, above, along, under or across a
Right-of-Way.

FCC: Federal Communications Commission.

Grandfathered Facility: An Overhead or Underground Facility in existence on the
Effective Date.

Grant of Location: Permission granted by the Awarding Authority of the Town to
a Public Utility, in order to conduct its Regulated Activities, to locate poles, piers,
abutments or conduits or attachments thereto or railway routes on, in, above,
along, under or across a Public Way in accordance with the procedures set out in
M.G.L. Chapter 166 section 22, Chapter 161 section 70, Chapter 162 section 8 and
with this By-Law.

Grant of Location Applicant: An Applicant or Co-Locator which is a Public
Utility conducting a business described in section 21 of Chapter 166 of the
Massachusetts General Laws.

Highway Superintendent: That individual, appointed or elected in accordance
with Chapter 41, sections 1, 66 or 69E of the M.G.L.

Inspector of Wires: That individual appointed by the Town to fulfill the
responsibilities set out in M.G.L. Chapter 166 section 32.

License Agreement: An Agreement between the Town and an Applicant owner of
a Facility setting forth detailed contractual terms and obligations of the owner of a
Facility and entered into incident to the grant of a Right-of-Way Permit.

License Rental Payment: The one-time or annual dollar amount to be paid by an
Applicant to the Town, as the Town and an Applicant and/or Co-Locator may
agree upon, if any, for the use of the Right-of-Way for an Overhead Facility or
Underground Facility.

Licensed Contractor: A Contractor who holds a current and valid Public Works
Construction License issued by the Awarding Authority.

Local Exchange Carrier: Every person or entity that directly or indirectly owns,
controls, operates and manages plant, equipment or property within the Town used
or to be used for the purpose of offering telephone service and which is licensed
by the FCC and certified by the DTE under C. 159 M.G.L. as a local exchange
carrier.
Measurable Interference: Interference as defined by FCC Regulations (47 C.FR)
which affects the Telecommunications Services provided by a Permit Holder.



                                         169
Modification: A material physical change to an Existing Facility such that its use
or capacity is materially altered.

New Facility: An Overhead or Underground Facility or an Attachment that has
not yet been constructed but that is proposed and described in an Application for a
Right-of-Way Permit.

Normal Working Hours:        8:00 A.M. to 3:30 P.M., Monday through Friday,
excluding holidays.

Overhead Facility: Any tower, Telecommunication Facility and Pole including
Poles and Overhead Wires and Associated Overhead Structures including
Attachments located or proposed to be located above the surface of the Right-of-
Way including the underground supports and foundations for such facilities.

Permit Holder: An Applicant or Co-Locator to whom a Right-of-Way Permit has
been granted.

Permit Term: The period commencing on the date of filing of an Application and
ending upon the revocation of a Right-of-Way Permit.

Planning Board: The Planning Board of the Town of Canton.

Pole or Poles and Overhead Wires and Associated Overhead Structures: poles,
towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cut-outs, switches, communication 'circuits, appliances
attachments, and appurtenances located above ground, upon, along or across any
Public Way or private ways of the Town and used or useful in the transmission of
intelligence by electricity or otherwise, or for the transmission of television
signals, whether by electricity or otherwise, or for the transmission of electricity
for lighting, heating or power, or for the construction or operation of a street
railway or an electric railroad; provided, that said phrase shall not mean or include
any of the following: poles, towers, overhead wires and associated overhead
structures used exclusively in the transmission but not the distribution of
electricity; poles used exclusively for police and fire alarm boxes or any similar
municipal equipment installed under the supervision and to the satisfaction of the
engineer of the municipality; wires (exclusive of supporting structures) crossing
any portion of any underground utility district from which overhead wires have
been prohibited, or connecting to buildings on the perimeter of such portion, when
such wires originate in an area from which poles and overhead wires and
associated overhead structures are not prohibited; overhead. wires attached to the
exterior surface of a building by means of a bracket or other fixture and extending
from one location on the same building or to an adjacent building without crossing
any public Right-of-Way; radio antennas, their associate equipment and
supporting structures used by a utility for furnishing communication services; and
service terminals including transformers in pedestals above ground used to
distribute electric or communication service in underground systems.


                                        170
Pole Attachment: An Attachment which is a wire or cable for transmission of
intelligence by telegraph, telephone or television, including cable television, or for
the transmission of electricity for light, heat, or power or for the transmission of
Telecommunications Services and any related device, apparatus, appliance or
equipment installed upon any Pole or in any telegraph duct or conduit owned or
controlled in whole or in part by one or more Public Utility.

Public Utility: A gas and electric company subject to M.G.L. Chapter 164,
telephone and telegraph company subject to M.G.L. Chapter 166, cable TV
company subject to M.G.L. Chapter .166A, water and aqueduct company subject
to M.G.L. Chapter 165, or street railway subject to M.G.L. Chapter 161 or electric
railroad subject to M.G.L. Chapter 162.

Public Utility Use: The use of a Facility by a Public Utility during the Permit
Term in conducting its Regulated Activities but not including any non-Public
Utility use by such Public Utility or any use by a non-regulated affiliate of a I
Public Utility or any other use by any other person or entity.

Public Way: Any road (including such appurtenances as berms, curbs, drains,
sewers, water mains, sidewalks and paved and unpaved shoulders within the paper
layout) to which the public has access and that the Town is responsible for
maintaining.

Public Works Construction License: A license required of all Contractors who are
not officers or employees of a Public Utility or of a municipal department who
wish to perform Street Opening Work in the Public Ways of the Town.

Regulated Activities (of Public Utilities): The transmission of natural gas and
electricity by a gas or electric Company subject to M.G.L. Chapter 164, the
transmission of voice or telegraph messages by a telephone and telegraph
company subject to M.G.L. Chapter 166, the transmission of video broadcasts by
television or cable television (including other, activities deemed incidental thereto
by federal law) subject to M.G.L. Chapter 166A, the provision of street railway I
services subject to M.G.L. Chapter 161 or transportation by electric railroad
subject to M.G.L. Chapter 162.

Right-of-Way: The surface and space on, along, above and below any real
property which is a Public Way or other way in which the Town has an interest in
law or equity, whether held in fee or other estate or interest, or as trustee for the
public, including, but not limited to any public street, boulevard, road, highway,
freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park,
skyway, or skyway bridge.

Right-of-Way Permit: A permit granted by the Awarding Authority to an
Applicant for permission to construct, to repair and maintain, and to use Overhead
and Underground Facilities that it owns and which are located or to be located in
the Right-of-Way. Also a Permit granted by the Awarding Authority to a Co-
Locator for an Attachment to a New or Existing Facility.

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Right-of-Way Work: Any construction, repair or maintenance of utility or other
pipes, ducts, lines, poles, wires, cables, conduits, pedestals, antennas, dishes,
electronics or other thing located in, on, above, under or across a Right-of-Way.

Street Opening Work: Any cutting, excavating, compacting, construction, repair
or other disturbance in or under a Public Way together with restoration of the
Public Way in accordance with the Town's Street Opening By-Law following such
disturbance but excluding the location or relocation of utility poles for which a
Grant of Location has been obtained pursuant to M.G.L. Chapter 166 section 22.

Telecommunications: The transmission between or among points specified by the
user of information of the user's choosing without change in the form or content of
the information as sent and received.

Telecommunications Carrier: Every person or entity that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the Town
used or to be used for the purpose of offering Telecommunications Service and
which is licensed by the FCC and certified by the DTE under C. 159 M.G.L. as a
Telecommunications common carrier.

Telecommunications Facility: A Facility other than customer premises equipment
used by a Telecommunications Carrier to provide Telecommunications Service
and includes software integral to such equipment (including upgrades), cables,
wires, lines, wave guides, electronics, dishes and antennas.

Telecommunications Service: The offering of Telecommunications for a fee
directly to the public or to such classes of users as to be effectively available
directly to the public regardless of the Telecommunications Facilities used.

The Telecommunications Act of 1996: Public Law 104-104 - Feb. 8, 1996. 110
Stat. 57.

Town: The Town of Canton.

Transmission Line: Lines and associated structures used for the transmission of
electric energy sold, or to be sold, at wholesale in interstate commerce.

Underground Facility: Any pipe, duct, line and conduit and Telecommunications
Facility or other thing including Attachments located or proposed to be located
under the surface of the ground but excluding the underground foundations or
supports for Overhead Facilities.

Usable Space: The total usable capacity of any Overhead or Underground Facility
located in the Right-of-Way as reasonably determined by the Awarding Authority.




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IV. NECESSITY OF A PERMIT

No work in, on, under, along, above or across a Right-of-Way or use of a Right-of-
Way shall commence until the Applicant and any Co-Locator each shall have
submitted to the Town an Application for a Right-of-Way Permit and obtained
from the Awarding Authority a Right-of-Way Permit. Applicants with
Grandfathered Facilities and any Co-Locator with Grandfathered Facilities located
in the Right-of-Way shall be deemed to have applied for and been granted a valid
Right-of-Way Permit for the Permit Term for such Facilities and to be subject to
all of the provisions of the License Agreement substantially in the form attached,
hereto as Exhibit A.

An Applicant or Co-Locator which wishes to continue to use a Grandfathered
Facility after the expiration of the Permit Term or such Grandfathered Facility’s
useful life (as determined by the Awarding Authority) each must file an
Application and treat such Facility as a New Facility. From and after the Effective
Date, Applicant or Co-Locator must also obtain a Right-of-Way Permit for any
modification of or new Attachment to a Grandfathered Facility.

Any Applicant or Co-Locator who is using a Grandfathered Facility for any
purpose other than a Public Utility User must notify the Town of such use of each
such facility within 120 days after the Effective Date. Any Applicant or Co-
Locator which after the Effective Date wishes to make a use of its Grandfathered
Facility which is not a Public Utility Use must, prior to commencing such use,
apply for and obtain a Right-of-Way Permit for such non-Public Utility Use.

Traffic lights, fire hydrants, mail boxes and intrusions in the Right-of-Way that are
accessory uses to the primary use of the property such as awnings, balconies, over-
hanging signs and sidewalk cafes are exempted from this By-Law.

Prior to the Town accepting a private way as a Public Way, such Applicant with a
Facility located in, on, under or across the private way and each Co-Locator using
such Facility including a Co-Locator Public Utility shall apply for and obtain a
Right-of-Way Permit from the Awarding Authority.

A Public Utility that is petitioning for a Grant of Location in accordance with Ch.
166 section 22, Ch. 161 section 70 or Ch. 162 section 8 of the M.G.L. as part of its
Application for a Right-of-Way Permit shall so indicate on the Application. A
Right-of-Way Permit granted to a Public Utility for a Facility to the extent of
Public Utility Use shall constitute a Grant of Location as well.

Except for Transmission Lines, in the event that all of the Usable Space of
Existing Overhead Facilities has been used up, the Town may in its reasonable
discretion require that the Applicant construct New Underground Facilities.

All construction work contemplated by this By-Law shall be done in a good and
workmanlike manner using best engineering and construction practices and shall
be done in accordance with (i) all applicable laws and regulations, (ii) all of the

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provisions of this By-Law, and (iii) any conditions contained in the Right-of-Way
Permit. Without limiting this By-law in any manner, work that involves Street
Opening Work must comply with the Town's Street Opening By-Law.

No person or entity may perform any work in or under a Right-of-Way unless it is
a Permit Holder and (i) is a municipal department, Public Utility,
Telecommunications Carrier or Local Exchange Carrier or their respective officers
or employees or (ii) has engaged a Licensed Contractor and such holder performs
all such Right-of-Way Work as agent of Permit-Holder.

V. REQUIREMENTS OF APPLICATION

A. Information Required of All Applicants and Co-Locators

Applicants or Co-Locators seeking a Right-of-Way Permit shall file on forms
designated by the Awarding Authority a completed and signed Application at the
office of the Awarding Authority which shall include the following information:

1. The identity and legal status of the Applicant or Co-Locator including any
parent or affiliated corporation.
2. The address and telephone number of the corporation and the name of the
officer, agent or employee responsible for the accuracy of the Application.
3. If a Public Utility (or municipal department), the federal identification number
of the entity. All others must in addition specify their FCC license number and
submit evidence of certification by the DTE.
4. A general description of Applicant's Existing Overhead or Underground
Facilities within the Town that it is using to provide service and the service that it
is currently providing.
5. A detailed description of the service that Applicant or Co-Locator intends to
offer or provide to persons, firms, businesses or institutions within the Town and
whether the use of the Facility to provide the service will constitute a Public
Utility Use.
6. A detailed description of the Underground or Overhead Facilities Applicant or
Co-Locator intends to use or construct, their useful life and full dimensions of the
proposed Facility including but not limited to the following: height of Poles,
number of wires and their diameter, height of wires above the Right-of-Way,
voltage of electric transmission lines, diameter of mains and conduits.
7. Maps or plans showing the exact location of the Existing or proposed New
Facility in the Right-of-Way using engineering metes and bounds, street names
and intersecting street names. Show a north arrow.
8. A statement as to whether New Facilities will be built or Existing Facilities will
be used and who is the Applicant with respect to such Facility.
9. In the case of a Co-Locator seeking a Permit for an Attachment to a Facility the
Applicant of which is exempt in whole or part from the obligation to make a
License Rental Payment for the Facility as provided herein, if any, such
application shall be made jointly by Applicant and Co-Locator. Each must sign
the application and Applicant must acknowledge in a writing in form and


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substance satisfactory to the Town, its obligation to pay the amount, if any, as a
License Rental Payment due the Town in respect of such Attachment.
10. The names of Co-Locators who share or will share the Facility. Applicants
must provide evidence that Co-Locators have received their own Right-of-Way
Permit and identify all pending Co-Locator Applications.
11. Evidence that Applicant or Co-Locator has obtained all other governmental
approvals and permits needed to use Existing Facilities and to offer or provide
services.

B. Petitions for Grants of Location

Applicants or Co-Locators that are Public Utilities and that are seeking a Grant of
Location as part of the Right-of-Way Permit shall also provide the following
information as part of the application:

1. A statement as to the purpose for constructing the New Facility or make an
Attachment to an Existing Facility.
2. A list of abutters' names and addresses.
3. The kind, size and tested strength of supporting or service wires for Poles.
4. The maximum voltage that will be transmitted over wires and the maximum
cubic feet of gas that will be transported through mains.
5. The size and pressure of gas mains and what the main is made of.
6. A list of all posts, Poles or other supports of wires included in the Grant of
Location.
7. The number of cross arms in use with each Pole and the number of wires that
are already attached thereto and the number of wires that are proposed.
8. The location of conduits and manholes in relation to the' Existing Underground
Facilities and proposed New Underground Facilities.

C. Applicants for New Facilities Must Submit Additional Information.

If New Facilities are to be constructed, Applicant must submit the following
additional information as part of the Application:

1. Preliminary engineering plans, specifications and a Site Plan of the facilities to
be located within the Right-of-Way at a scale of one inch equals forty (40) feet
which shall show (i) all property lines, (ii) the exact location of the proposed New
Facilities, and (iii) Existing Facilities, streets, landscape features, residential
dwellings, and all buildings located within five hundred feet (500') of the New
Facility prepared by a Registered Professional Engineer or other qualified
professional.
2. A network map showing the location and route of the New Facilities
superimposed on the Public Ways of the Town on a scale of one inch equals one
hundred feet (100') prepared by a Registered Professional Engineer or other
qualified professional.
3. The location of all Existing Facilities of Applicant and any Co-Locator located
along the proposed route.


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4. The specific trees, structures, improvements, facilities and obstructions, if any,
that Applicant proposes to temporarily or permanently remove or relocate.
5. Evidence as to what, if any, Excess Capacity is available for Attachments to
Existing Facilities located along the proposed route with a specification of how
much Excess Capacity will exist after the installation of the New Facility. If co-
location is not proposed, an affidavit attesting to the fact that Applicant made
diligent but unsuccessful efforts to obtain permission to install or co-locate New
Facilities on Existing Facilities, the reason for the denial of co-location' and
whether an appeal to the DTE has been adjudicated.
6. If New Facilities are to be constructed, the Excess Capacity that will exist in or
on them after their installation and use by the Applicant and any identified Co-
Locator.
7. The useful life of the Proposed Facility or Attachment
8. Information as to the type and frequency of any Telecommunications
Equipment that will be installed.
9. A preliminary construction schedule and completion date.
10. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating Applicant's financial ability to construct,
operate, maintain, relocate and remove the proposed Facilities.
11. Information in sufficient detail to establish Applicant's technical qualifications,
experience and expertise regarding the Facilities to be constructed and operated.
12. Evidence that Applicant has obtained all other governmental approvals and
Permits needed to construct the New Facilities, including but not limited to any
necessary Street Opening Permits.
13. The name of the Licensed Contractor who will perform the construction work
or a copy of the Public Works Construction License that Applicant has obtained
from the Town.
14. An Application Fee.
I5. A Certificate of Insurance in coverages as specified in Section VI-J of this By-
Law.
16. Such other and further information related to the construction and use of a
Facility as may be reasonably required by the Awarding Authority in its form
Application.
VI. APPLICATION PROCEDURE

Upon receipt of a completed and signed Application, it will be forwarded to the
Highway Superintendent, Planning Board and the Inspector of Wires for review.
The Highway Superintendent, Planning. Board and Inspector of Wires shall
promptly review the Application and make written recommendations concerning
approval to the Awarding Authority and, if appropriate, shall include
recommendations concerning permit conditions and supplemental instructions.

If the Application involves the construction of New Facilities, the modification of
Existing Facilities or a program of Attachments the total construction cost of any
of the foregoing is estimated to exceed one million dollars, the Town and
Applicant may enter into an agreement for the Applicant to reimburse the Town
for the reasonable cost of engineering review by the Town's consultant of the plans

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submitted. In such a case, Applicants shall submit a deposit to secure the cost of
this review which will be held in a segregated account in accordance with C. 44
section 53G of the Mass. General Laws.

If the Right-of-Way Application includes a Petition of the Applicant for a Grant of
Location, the Awarding Authority shall promptly schedule a public hearing and, if
required by statute, publish a public notice of the hearing. Owners of property
abutting the property on which the New Facility is proposed will be notified by the
Town at least fourteen days prior to the public hearing and given the opportunity
to speak at the public hearing and present evidence.

The Awarding Authority shall review the Application, any evidence presented at a
Grant of Location public hearing and the recommendations received from the
Highway Superintendent, Planning Board and Inspector of Wires and make a
prompt determination on the Application taking into account the recommendations
received, testimony and evidence presented if any, and such other facts as it may
reasonably consider such as:

A. The likelihood that the New Facility will incommode the public use of public
ways or endanger or interrupt navigation.
B. The financial and technical ability of the Applicant or Co-Locator to construct
New Facilities or to use the Right-of-Way.
C. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate the proposed New Facilities, modifications or Attachments.
D. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate additional New Facilities if the Permit is granted.
E. Potential damage or disruption (including Measurable Interference with
Telecommunications Services) to Existing Facilities, or public property if the
Permit is granted.
F. The effect, if any, on public health, safety and welfare if the Permit is granted.
G. The availability of alternate routes and/or locations for the proposed New
Facilities.
H. Applicable federal and state laws and Town by-laws which might prohibit or
affect the Permit if granted.

If the Application is considered favorably, a Right-of-Way Permit containing such
conditions and supplemental instructions regarding the location and installation of
Facilities as the Awarding Authority reasonably deems appropriate shall promptly
be issued upon the satisfaction of any conditions precedent, which the Awarding
Authority may establish. If the Application is not favorably considered, the
Awarding Authority shall communicate in writing to Applicant of Co-Locator the
reasons its Application was not favorably considered.

If a Grant of Location has been requested as part of the Application for a Right-of-
Way Permit and the Application has been considered favorably, the Right-of-Way
Permit shall also constitute an Order Granting the Location. The Grant of Location
will specify where the New Facility or Attachment may be placed, and (with the


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exception of Grants of Location for Transmission Lines) the kind of Poles, piers or
abutments which may be used, the number of wires or cables which may be
attached thereto, the height to which the wires or cables may run and the
maximum voltage between conductors to be carried through same. Grants of
Locations for Poles are limited to one Pole per Location. The Grant of Location
may contain such other conditions and supplemental instructions as the Awarding
Authority reasonably deems appropriate.

VII. TERMS OF THE RIGHT-OF-WAY PERMIT

A. Conditions of Permit.

All Right-of-Way Permits granted are conditioned upon 1) the Applicant having
obtained and submitted to the Awarding Authority, prior to construction and
installation of its New Facilities, a Bond as required in sub-section (K)(2)
hereafter, and 2) the execution and delivery of a Town of Canton Right-of-Way
License Agreement substantially in the form of Exhibit A attached hereto and
otherwise in form and substance satisfactory to the Awarding Authority.

B. Permit Term

Rights-of-Way Permits shall be valid for the period commencing on the date of
filing of an Application and ending upon the Revocation of a Right-of-Way
Permit. A Permit Holder desiring to continue to use the Facility after the
expiration of the Permit Term shall not more than 180 days nor less than 90 days
before expiration of the current Permit file an Application with the Town for a
Permit as though the Existing Facility were a proposed New Facility. Each Co-
Locator must also file for a new Permit.

C. Revocation of Permits.

Except to the extent that a Right-of-Way Permit also constitutes a statutory Grant
of Location and current law limits the ability of the Awarding Authority to revoke
a Grant of Location, the Awarding Authority during the Permit Term may revoke
a Right-of-Way Permit granted hereunder after notice and hearing if it shall
reasonably determine that (i) Permit Holder is in Default (ii) Permit Holder fails to
construct the Facilities for which a Permit was granted within six months of the
granting of the Permit (iii) Permit Holder has failed to relocate its Facility or
Attachment to a new location within the designated time following an order from
the Awarding Authority to relocate such Facility or Attachment or (iv) if the
Awarding Authority" determines that public necessity and convenience requires
the revocation of a Grant of Location held by a street railway. The Permit-Holder
shall be given not less than ten days prior written notice of the time and place of
the hearing on revocation and shall have the opportunity at the public hearing to
present evidence.




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D. Removal of Facilities.

Following revocation of the Permit or the expiration of the Permit Term without
an application to continue to use the Facility unless then existing statutes shall
require a different result and, if ordered by the Town, Permit Holder shall cease
using the Right-of-Way. Permit Holder shall remove all of its Overhead and
Underground Facilities from the Right-of-Way and restore the area to its original
condition within six months following expiration or revocation of the Permit. In
the event that the Permit Holder fails to remove its Facilities, the Awarding
Authority may treat such as abandoned property and, among other remedies,
remove the Facilities and restore the area at the owner's sole cost and expense.

E. Removal of Unauthorized Facilities.

The location of any Overhead or Underground Facility covered by a Right-of-Way
Permit may be changed by order of the Awarding Authority if it determines in its
reasonable discretion that public necessity, the incommoding of the public’s use of
the public ways or public endangerment or interruption of navigation requires
relocation of the Facility. Except for Emergency Repair Work, Applicant is
required to notify all Co-Locators upon receiving an order to relocate the Facility
from the Awarding Authority. Applicant and all Co-Locators shall, at their own
expense, relocate their Facilities to such location as shall have been approved by
the Awarding Authority within ninety days of the receipt of the order of the
Awarding Authority. Upon relocation Applicant shall promptly supply Awarding
Authority with "as built" plans of the relocated Facility. Following the transfer of
the Facility and any Attachments from the Existing Facility to the New Facility,
the Existing Facility shall be removed from the site within ninety days from the
date of completion of the transfer.

Except to the extent allowed by law and unless directly and proximately caused by
the willful, intentional or malicious acts by the Town, the Town shall not be liable
for any damage to or loss of any Overhead or Underground Facility located in the
Right-of-Way as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling or work of any kind in the
Right-of-Way by or on behalf of the Town. Rights-of-Way Permits and Grants of
Location for Facilities that have been ordered to be relocated will be amended to
reflect the new location once the Facilities have been re-located.

F. Re-Location of Facilities due to Public Necessity

The location of any Overhead or Underground Facility covered by a Right-of-Way
Permit may be changed by order of the Awarding Authority if it determines in its
reasonable discretion that public necessity requires relocation of the Facility.
Except for Emergency Repair-Work, Applicant is required to notify all Co-
Locators upon receiving an order to relocate the Facility from the Awarding
Authority. Applicant and all Co-Locators shall, at their own expense, relocate their
Facilities to such location as shall have been approved by the Awarding Authority


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within ninety days of the receipt of the order of the Awarding Authority. Upon
relocation Applicant shall promptly supply Awarding Authority with "as built"
plans of the relocated Facility. Following the transfer of the Facility and any
Attachments from the Existing Facility to the New Facility, the Existing Facility
shall be removed from the site within ninety days from the date of completion of
the transfer.
Unless directly and proximately caused by the willful, intentional or malicious acts
by the Town, the Town shall not be liable for any damage to or loss of any
Overhead or Underground Facility located in the Right-of-Way as a result of or in
connection with any public works, public improvements, construction, excavation,
grading, filling or work of any kind in the Right-of-Way by or on behalf of the
Town. Rights-of-Way Permits and Grants of Location for Facilities that have been
ordered to be relocated will be amended to reflect the new location once the
Facilities have been re-located.

G. Assignment of Facilities

Except to the extent that Section 15B of Chapter 166 of the Massachusetts General
Laws and other current law limits the ability of the Town to transfer a Right-of-
Way Permit, a Right-of Way Permit is not assignable. If a Permit-Holders
transfers ownership or use of its Facilities to another entity, such entity must apply
for and receive its own Permit in accordance with this By-Law.

H. Non-exclusive grant

No Permit granted under this By-Law shall confer an exclusive right, privilege,
license or franchise to occupy or use the Right-of-Way of the Town for delivery of
services or any other purposes. No Permit granted under this By-Law shall convey
any right, title or interest in the Right-of-Way but shall be deemed a license to use
and occupy the Right-of-Way in accordance with the terms of this By-Law and the
Town of Canton Right-of-Way License Agreement. Further, no Permit shall be
construed as a warranty of title. A Permit granted shall be limited to a license to
use only that specific portion of a Right-of-Way as specified in the Plan that
accompanies the Application and in any Permit or License Agreement.

I. Co-Location of Facilities

Issuance of a Right-of-Way Permit may be conditioned upon the agreement of the
Applicant to make Excess Capacity available to the Town. The Town reserves the
right to place, free of charge, signal circuits, signal supply circuits and the
equipment attached to these circuits belonging to the Town and used by it
exclusively for municipal purposes on or in all Existing Facilities with Excess
Capacity and on or in New Facilities then owned or controlled by an Applicant
which is a Public Utility and shall be allowed access whenever necessary to place,
maintain or remove its wires and cables.




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J. Insurance

The Permit Holder shall acquire and continuously maintain while it possesses a
Right-of-Way Permit liability insurance coverage on all personnel and equipment
used to construct, operate, maintain and repair the Overhead and Underground
Facilities located within the Right-of-Way. This insurance must be with insurance
companies licensed to do business in the Commonwealth of Massachusetts and
shall contain the following coverages and be in the following minimum amounts:

Commercial General Liability Insurance- including operation, independent
contractors, complete operations for a period of one (1) year from completing the
street opening work, XCU hazards, broad form property damage and personal
injury.

General Aggregate:                         $ 2,000,000.00
Products and complete operations
           Aggregate                       $ 2,000,000.00
           Each occurrence                 $ 1,000,000.00
Combined single limit                      $ 1,000,000.00

Automobile Liability Insurance (covers owned, non-owned and hired vehicles)
  Bodily Injury Liability               $ 500,000.00 each person
                                        $ 1,000,000.00 each accident
  Property Damage Liability             $ 250,000.00 each accident
  Combined Single Limit                 $ 1,000,000.00

Worker's Compensation and Employer's Liability
  Each Accident                      $ 100,000.00
  Disease- Policy Limit              $ 500,000.00
  Disease- each Employee             $ 100,000.00

Certificates of Insurance shall provide for at least thirty (30) days notice to the
Awarding Authority of cancellation or material change. The name of the
municipality shall be listed as an additional insured on the Certificate of Insurance.

K. Construction Requirements

1. All Permit Holders are required to obtain a Building and Electrical Permit (if
applicable), and (except for Poles and Attachments thereto) a Street Opening
Permit from the Awarding Authority. Once commenced, construction shall
proceed at an uninterrupted and consistent pace so that the Right-of-Way Work
described in the Permit will be completed within a reasonable time.

2. Before commencing construction, Permit Holders shall submit to the A
warding Authority a Performance Bond, with corporate surety satisfactory to the A
warding Authority, in an amount equal to the value of the construction which
shall, assure: the satisfactory completion of installation and commencement of
operation of the system in accordance with the terms of the Permit, , and the

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satisfactory restoration of adjoining property and public property in accordance
with the provisions of this By-Law. This bond shall be maintained in force until
one year after the completion of the construction work.

3. Construction of New Facilities must conform to the plan accompanying the
Application and to the terms of the Permit and License Agreement All Right-of-
Way Work must conform to the Americans with Disabilities Act and the
Architectural Access Board Regulations as currently in effect

4. Right-of-Way Work shall comply with the following:
   a. Working Hours. Except for Emergency Repair Work, Right-of-Way Work
      shall occur during Normal Working Hours. Permit Holder must give notice
      of the intended Right-of-Way Work seventy-two hours in advance to the
      Highway Superintendent and unless the requirement for a police detail is
      waived by the Police Chief of the Town, must mange for and pay for a
      police detail to be present throughout the period of time that the Right-of-
      Way Work is being conducted.
   b. Obligation to Locate Existing Facilities. Permit Holder or Contractor must
      inform itself as to the existence and location of all Existing Facilities
      located in the same general area as the New Facilities are to be located and i
      must confer with the owners thereof in order to obtain information as to the
      vertical and horizontal locations of' the Facilities and other conditions that
      might affect the Right-of-Way Work.
   c. Non-Interference with Existing Facilities. Permit Holder or Contractor shall
      not interfere with an Existing, Facility without the written consent of the
      Awarding Authority and the owner of the Existing Facility. If it becomes
      necessary to relocate an Existing Facility to accommodate the New Facility,
      this shall be done by its owner and the cost of such work shall be borne by
      the Permit Holder.
   d. Dig Safe. Permit Holder shall, in accordance with Chapter 164 section 76D
      of the M.G.L., notify all Public Utilities seventy-two hours in advance of
      making any excavation in a Public Way. Such notification shall be made by
      means of obtaining a DIG-SAFE number. Said number shall be provided on
      the Street Opening Application.
   e. Protection of Existing Facilities. Permit Holder or Contractor shall
      adequately support and protect by timbers, sheeting etc. all Existing
      Overhead or Underground Facilities which may be in any way affected by
      the Right-of-Way Work and shall do everything necessary to support,
      sustain and protect them under, over, along or across such work area.
      Excavation work shall be performed and conducted in such manner that it
      shall not interfere with access to fire stations, fire hydrants, water gates,
      underground vaults, catch basins nor to any other public structure, fixture or
      improvement to the extent access to such other public structure, fixture or
      improvement is necessary for the protection of the safety, health or welfare
      of the public.



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f. Adjoining Property. Permit Holder or Contractor shall, at all times at its
   own expense, preserve and protect from injury any adjoining property and
   shall take such precautions as may be necessary for this purpose. Permit
   Holder shall be responsible for all damages to public or private property or
   streets resulting from its failure to properly protect and carry out the Right-
   of-Way Work to the extent allowed by law and shall restore all such
   adjoining property to the condition that existed immediately prior to the
   performance of any Right-of-Way Work.
g. Trees. Permit Holder or Contractor shall not remove, even temporarily, any
   trees or shrubs which exist in the Right-of-Way Work area without first
   obtaining the consent of the Town. In the event a tree is either accidentally
   destroyed by the Permit Holder or Contractor or is authorized for removal
   by the Town, Permit Holder or Contractor shall remove the tree, stump and
   debris from the work site and replace the tree with an identical species with
   a minimum caliper of two inches in the identical location.
h. Excavated Material. Permit Holder or Contractor shall remove all excess
   excavated materiel, surplus, water, muck, silt, residue or other run-off
   pumped or removed from excavations from the Right-of-Way Work site.
i. Temporary Repairs of Underground Facilities. At the end of each day, all
   trenches must be plated if repair work is not completed. No un-plated
   trenches are permitted overnight and work in plated trenches must be
   continually prosecuted to completion to minimize the time trenches are
   plated.
j. Noise. Permit Holder or Contractor shall perform the Right-of-Way Work
   in such a manner as to avoid unnecessary inconvenience and annoyance to
   the general public and occupants of neighboring property. During the hours
   from 10:00 P.M. to 7:00 A.M. Permit Holder or Contractor shall not use,
   unless otherwise specifically permitted by the Awarding Authority any tool,
   appliance or equipment producing noise of sufficient volume to disturb the
   sleep or repose of occupants of the neighboring property.
k. Debris and Litter. All debris and litter remaining from the Right-of-Way
   Work site shall be removed by the, Permit Holder or Contractor in a timely
   manner.
l. Lawn Surfaces and Plantings. All lawn surfaces which are disturbed during
   Right-of-Way Work shall be replaced with sod or six (6) inches of screened
   loam, lime, fertilized and re-seeded with good quality lawn seed. Any areas
   containing plantings shall be restored to their original condition with the
   same or similar plantings.
m. Erosion Control. Permit Holder shall be responsible for all erosion control
   and for obtaining any necessary permits from the Town. Permit Holder or
   Contractor shall protect drainage structures from siltation by whatever
   means required including but not limited to the installation of hay bales
   and/or filter fabric. In the event that a drainage structure becomes damaged
   from siltation as a result of the Right-of-Way Work, Permit Holder or
   Contractor shall clean the structure before completing the Right-of-Way
   Work.


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   n. As Built Plans. Within 30 days following completion of construction of
      New Facilities, Permit Holder shall file with the Awarding Authority
      complete As-Built Plans of the New Facilities including an accurate map
      certifying the location of all Facilities within the Right-of-Way prepared by
      a Registered Professional Engineer or other qualified professional.
   o. Tree trimming. Permit Holders who own and maintain Overhead Facilities
      are responsible for trimming trees or other vegetation growing in the Right-
      of-Way to prevent their branches or leaves from touching or otherwise
      interfering with the Overhead Facility. All trimming or pruning shall be at
      the sole expense of the Permit Holder and performed under the supervision
      of the Town.

L. Emergency Repair Work

When notified by the Town, Permit Holder is required to respond to calls for
Emergency Repair Work within two hours of the notice and to commence repairs
immediately upon arrival at the site.

M. Maintenance.

Permit Holder shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures of Overhead or Underground Facilities and
accidents which are likely to cause damage, injuries or nuisances to the public.
Owners of Poles shall, upon the receipt of written notice served by the Inspector of
Wires, promptly make such substitution or repairs of such Poles, wires, posts,
supports or attachments as may be required by the Inspector of Wires.

VIII. Rental Payments

To the extent the Town and an Applicant holding a Right-of-Way Permit for a
Facility may agree, an Applicant holding a Right-of-Way Permit for a Facility
shall make a License Rental Payment to the Town for the non-exclusive right to
use certain Rights-of-Way in the Town of Canton.

IX. APPEALS

A person or entity aggrieved by a decision of the Awarding Authority under this
By-Law may appeal such decision to the appropriate court of competent
jurisdiction or, to the extent applicable law provides, to the DTE or the FCC.

X. SEVERABILITY

If any clause, section, or other part of this By-Law shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this By-
Law shall not be affected thereby but shall remain in full force and effect.
Board of Selectmen



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MOVED: That the Town’s General By-Laws, as most recently amended, is
hereby amended, by adding a new Section 17 to Article XVI to regulate the
use of the Town’s public rights of way as follows.

                           RIGHT-OF-WAY BY-LAW
I. PREAMBLE
In partial fulfillment of the obligation to see to the prudential management of
the Town's affairs and assets and in light of the continuing technological
revolution in telecommunications, the recent passage of the
Telecommunications Act of 1996 and the de-regulation of the electric and
natural gas industries in the Commonwealth, the Town hereby establishes a
comprehensive and fair system of regulation for all entities which desire to
use the Town's Rights-of-Way.

II. INTRODUCTION

The purpose and intent of this By-Law is to:
Provide the Town with accurate and current information concerning all
facilities located in the Town's Rights-of-Way together with current
information concerning entities owning or controlling the Facilities, and
a. Permit and manage reasonable access to the public Rights-of-Way on a
competitively neutral basis, and
b. Manage Grants of Location in Public Ways and approve locations to insure
that facilities in Rights-of Way do not incommode the public use of Rights-of-
Way or endanger or interrupt navigation, and
c. Conserve the limited physical capacity of the Rights-of-Way held in public
trust by the Town, and
d. Assure that the Town is appropriately compensated when its Rights-of-
Ways are utilized by non-governmental entities, and
e. Assure that the Town's current and on-going costs of granting and
regulating private access to and use of the public Right-of- Way are fully paid
by the persons seeking such access and causing such costs, and
f. Assure that the Town can continue to fairly and responsibly protect the
public health, safety and welfare.

This by-law is adopted in accordance with the authority granted, inter alia,
by Amendment Article 89 to Article II of the Massachusetts Constitution,
M.G.L. Chapter 43B section 13, M.G.L. Chapter 40 sections 4, 21 and 22F,
and Chapter 85.

III. DEFINITIONS

Applicant: Any person or entity, including without limitation implied, Public
Utility, Telecommunications Carrier, Local Exchange Carrier or municipal
department which owns or exercises general responsibility and control over
any Facility.



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Application: The written application on a form prescribed by the Awarding
Authority executed by the Applicant together with a plan showing the
location and details of the Facility in question and the Application Fee by
which an Applicant or Co-Locator requests a Right-of-Way Permit.

Application Fee: A fifty dollar ($50.00) non-refundable processing fee which
shall accompany each application for a Right-of-Way Permit.

Attachment: Any device, apparatus, appliance, equipment, wire or cable or
other thing including any Telecommunication Facility installed or proposed
to be installed on or in any Existing Facility whether by Applicant or Co-
Locator or proposed to be installed on any New Facility by Applicant or Co-
Locator.

Awarding Authority: The Board of Selectmen of the Town of Canton which
has authority to exercise the powers granted by this By-Law.

Co-Locator: Any person or entity other than Applicant who desires to use an
Existing or New Facility.

Contractor: All officers or employees of Applicant or Co-Locator who
perform or any person or entity engaged by or on behalf of Applicant or Co-
Locator to perform construction, repair or maintenance work on Overhead
or Underground Facilities owned by Applicant and permitted by the
Awarding Authority which are located in the Right-of-Way. The Contractor
for purposes of this By-Law and for all questions of liability in connection
with any construction, repair or maintenance work on Overhead or
Underground Facilities owned by Applicant which are located in the Right-
of-Way shall be conclusively deemed an agent of Applicant or Co-Locator for
whom Applicant or Co-Locator is fully responsible.

Default: The failure of the Permit Holder (including all Contractors or other
agents of Permit Holder) (i) to pay when due any License Rental Payment, if
any, (ii) to perform fully any covenant of the License or otherwise fail to
comply with any provision of the License Agreement, the Right-of-Way
Permit or the By-Law following ten days prior written notice to Licensee
from Town (iii) to keep its Certificate of Insurance in full force and effect, or
(iv) to provide the service that is outlined in its Application (except for
interruptions in service due to Emergency Repair Work) for a period of six
consecutive months.

DTE: The Massachusetts Department of Telecommunications and Energy
created by Chapter 25 M.G.L. Effective Date: The date upon which this By-
Law becomes effective.

Emergency Repair Work: Right-of-Way Work which must be commenced
immediately to correct a hazardous condition in which the safety of the public
is in imminent danger, such as a threat to life or health of the public or where

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immediate correction is required to maintain or restore essential Public
Utility service.

Excess Capacity: The volume or capacity in any Existing Facility that is not
being used or is not proposed to be used as part of a concrete plan for the
future at the time that an Application is made for a Right-of-Way Permit by
an Applicant or Co-Locator.

Existing Facility: An Overhead or Underground Facility which is in existence
on the date of the Application for a Right-of-Way Permit.

Facility: Any Overhead or Underground Facility or Attachment thereto
including without limitation any utility or other pipe, duct, line, pole, wire,
cable, transmission line, conduit, pedestal, wave guide, dish, antenna
electronic or other thing located or proposed to be located in, on, above,
along, under or across a Right-of-Way.

FCC: Federal Communications Commission.

Grandfathered Facility: An Overhead or Underground Facility in existence
on the Effective Date.

Grant of Location: Permission granted by the Awarding Authority of the
Town to a Public Utility, in order to conduct its Regulated Activities, to locate
poles, piers, abutments or conduits or attachments thereto or railway routes
on, in, above, along, under or across a Public Way in accordance with the
procedures set out in M.G.L. Chapter 166 section 22, Chapter 161 section 70,
Chapter 162 section 8 and with this By-Law.

Grant of Location Applicant: An Applicant or Co-Locator which is a Public
Utility conducting a business described in section 21 of Chapter 166 of the
Massachusetts General Laws.

Highway Superintendent:          That individual, appointed or elected in
accordance with Chapter 41, sections 1, 66 or 69E of the M.G.L.
Inspector of Wires: That individual appointed by the Town to fulfill the
responsibilities set out in M.G.L. Chapter 166 section 32.

License Agreement: An Agreement between the Town and an Applicant
owner of a Facility setting forth detailed contractual terms and obligations of
the owner of a Facility and entered into incident to the grant of a Right-of-
Way Permit.

License Rental Payment: The one-time or annual dollar amount to be paid
by an Applicant to the Town, as the Town and an Applicant and/or Co-
Locator may agree upon, if any, for the use of the Right-of-Way for an
Overhead Facility or Underground Facility.



                                      187
Licensed Contractor: A Contractor who holds a current and valid Public
Works Construction License issued by the Awarding Authority.

Local Exchange Carrier: Every person or entity that directly or indirectly
owns, controls, operates and manages plant, equipment or property within
the Town used or to be used for the purpose of offering telephone service and
which is licensed by the FCC and certified by the DTE under C. 159 M.G.L.
as a local exchange carrier.

Measurable Interference: Interference as defined by FCC Regulations (47
C.FR) which affects the Telecommunications Services provided by a Permit
Holder.

Modification: A material physical change to an Existing Facility such that its
use or capacity is materially altered.

New Facility: An Overhead or Underground Facility or an Attachment that
has not yet been constructed but that is proposed and described in an
Application for a Right-of-Way Permit.

Normal Working Hours: 8:00 A.M. to 3:30 P.M., Monday through Friday,
excluding holidays.

Overhead Facility: Any tower, Telecommunication Facility and Pole
including Poles and Overhead Wires and Associated Overhead Structures
including Attachments located or proposed to be located above the surface of
the Right-of- Way including the underground supports and foundations for
such facilities.

Permit Holder: An Applicant or Co-Locator to whom a Right-of-Way Permit
has been granted.

Permit Term: The period commencing on the date of filing of an Application
and ending upon the revocation of a Right-of-Way Permit.

Planning Board: The Planning Board of the Town of Canton.
Pole or Poles and Overhead Wires and Associated Overhead Structures:
poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms,
braces, transformers, insulators, cut-outs, switches, communication 'circuits,
appliances attachments, and appurtenances located above ground, upon,
along or across any Public Way or private ways of the Town and used or
useful in the transmission of intelligence by electricity or otherwise, or for the
transmission of television signals, whether by electricity or otherwise, or for
the transmission of electricity for lighting, heating or power, or for the
construction or operation of a street railway or an electric railroad; provided,
that said phrase shall not mean or include any of the following: poles, towers,
overhead wires and associated overhead structures used exclusively in the
transmission but not the distribution of electricity; poles used exclusively for

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police and fire alarm boxes or any similar municipal equipment installed
under the supervision and to the satisfaction of the engineer of the
municipality; wires (exclusive of supporting structures) crossing any portion
of any underground utility district from which overhead wires have been
prohibited, or connecting to buildings on the perimeter of such portion, when
such wires originate in an area from which poles and overhead wires and
associated overhead structures are not prohibited; overhead. wires attached
to the exterior surface of a building by means of a bracket or other fixture
and extending from one location on the same building or to an adjacent
building without crossing any public Right-of-Way; radio antennas, their
associate equipment and supporting structures used by a utility for furnishing
communication services; and service terminals including transformers in
pedestals above ground used to distribute electric or communication service
in underground systems.

Pole Attachment: An Attachment which is a wire or cable for transmission of
intelligence by telegraph, telephone or television, including cable television, or
for the transmission of electricity for light, heat, or power or for the
transmission of Telecommunications Services and any related device,
apparatus, appliance or equipment installed upon any Pole or in any
telegraph duct or conduit owned or controlled in whole or in part by one or
more Public Utility.

Public Utility: A gas and electric company subject to M.G.L. Chapter 164,
telephone and telegraph company subject to M.G.L. Chapter 166, cable TV
company subject to M.G.L. Chapter .166A, water and aqueduct company
subject to M.G.L. Chapter 165, or street railway subject to M.G.L. Chapter
161 or electric railroad subject to M.G.L. Chapter 162.

Public Utility Use: The use of a Facility by a Public Utility during the Permit
Term in conducting its Regulated Activities but not including any non-Public
Utility use by such Public Utility or any use by a non-regulated affiliate of a I
Public Utility or any other use by any other person or entity.

Public Way: Any road (including such appurtenances as berms, curbs,
drains, sewers, water mains, sidewalks and paved and unpaved shoulders
within the paper layout) to which the public has access and that the Town is
responsible for maintaining.
Public Works Construction License: A license required of all Contractors
who are not officers or employees of a Public Utility or of a municipal
department who wish to perform Street Opening Work in the Public Ways of
the Town.

Regulated Activities (of Public Utilities): The transmission of natural gas and
electricity by a gas or electric Company subject to M.G.L. Chapter 164, the
transmission of voice or telegraph messages by a telephone and telegraph
company subject to M.G.L. Chapter 166, the transmission of video broadcasts


                                       189
by television or cable television (including other, activities deemed incidental
thereto by federal law) subject to M.G.L. Chapter 166A, the provision of
street railway I services subject to M.G.L. Chapter 161 or transportation by
electric railroad subject to M.G.L. Chapter 162.

Right-of-Way: The surface and space on, along, above and below any real
property which is a Public Way or other way in which the Town has an
interest in law or equity, whether held in fee or other estate or interest, or as
trustee for the public, including, but not limited to any public street,
boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway,
river, tunnel, viaduct, bridge, park, skyway, or skyway bridge.

Right-of-Way Permit: A permit granted by the Awarding Authority to an
Applicant for permission to construct, to repair and maintain, and to use
Overhead and Underground Facilities that it owns and which are located or
to be located in the Right-of-Way. Also a Permit granted by the Awarding
Authority to a Co-Locator for an Attachment to a New or Existing Facility.

Right-of-Way Work: Any construction, repair or maintenance of utility or
other pipes, ducts, lines, poles, wires, cables, conduits, pedestals, antennas,
dishes, electronics or other thing located in, on, above, under or across a
Right-of-Way.

Street Opening Work: Any cutting, excavating, compacting, construction,
repair or other disturbance in or under a Public Way together with
restoration of the Public Way in accordance with the Town's Street Opening
By-Law following such disturbance but excluding the location or relocation of
utility poles for which a Grant of Location has been obtained pursuant to
M.G.L. Chapter 166 section 22.

Telecommunications: The transmission between or among points specified by
the user of information of the user's choosing without change in the form or
content of the information as sent and received.

Telecommunications Carrier: Every person or entity that directly or
indirectly owns, controls, operates or manages plant, equipment or property
within the Town used or to be used for the purpose of offering
Telecommunications Service and which is licensed by the FCC and certified
by the DTE under C. 159 M.G.L. as a Telecommunications common carrier.

Telecommunications Facility: A Facility other than customer premises
equipment used by a Telecommunications Carrier to provide
Telecommunications Service and includes software integral to such
equipment (including upgrades), cables, wires, lines, wave guides, electronics,
dishes and antennas.




                                      190
Telecommunications Service: The offering of Telecommunications for a fee
directly to the public or to such classes of users as to be effectively available
directly to the public regardless of the Telecommunications Facilities used.
The Telecommunications Act of 1996: Public Law 104-104 - Feb. 8, 1996. 110
Stat. 57.

Town: The Town of Canton.

Transmission Line: Lines and associated structures used for the transmission
of electric energy sold, or to be sold, at wholesale in interstate commerce.

Underground Facility:       Any pipe, duct, line and conduit and
Telecommunications Facility or other thing including Attachments located or
proposed to be located under the surface of the ground but excluding the
underground foundations or supports for Overhead Facilities.

Usable Space: The total usable capacity of any Overhead or Underground
Facility located in the Right-of-Way as reasonably determined by the
Awarding Authority.

IV. NECESSITY OF A PERMIT

No work in, on, under, along, above or across a Right-of-Way or use of a
Right-of-Way shall commence until the Applicant and any Co-Locator each
shall have submitted to the Town an Application for a Right-of-Way Permit
and obtained from the Awarding Authority a Right-of-Way Permit.
Applicants with Grandfathered Facilities and any Co-Locator with
Grandfathered Facilities located in the Right-of-Way shall be deemed to have
applied for and been granted a valid Right-of-Way Permit for the Permit
Term for such Facilities and to be subject to all of the provisions of the
License Agreement substantially in the form set forth below .

An Applicant or Co-Locator which wishes to continue to use a Grandfathered
Facility after the expiration of the Permit Term or such Grandfathered
Facility’s useful life (as determined by the Awarding Authority) each must
file an Application and treat such Facility as a New Facility. From and after
the Effective Date, Applicant or Co-Locator must also obtain a Right-of-Way
Permit for any modification of or new Attachment to a Grandfathered
Facility.

Any Applicant or Co-Locator who is using a Grandfathered Facility for any
purpose other than a Public Utility User must notify the Town of such use of
each such facility within 120 days after the Effective Date. Any Applicant or
Co-Locator which after the Effective Date wishes to make a use of its
Grandfathered Facility which is not a Public Utility Use must, prior to
commencing such use, apply for and obtain a Right-of-Way Permit for such
non-Public Utility Use.


                                      191
Traffic lights, fire hydrants, mail boxes and intrusions in the Right-of-Way
that are accessory uses to the primary use of the property such as awnings,
balconies, over-hanging signs and sidewalk cafes are exempted from this By-
Law.

Prior to the Town accepting a private way as a Public Way, such Applicant
with a Facility located in, on, under or across the private way and each Co-
Locator using such Facility including a Co-Locator Public Utility shall apply
for and obtain a Right-of-Way Permit from the Awarding Authority.

A Public Utility that is petitioning for a Grant of Location in accordance with
Ch. 166 section 22, Ch. 161 section 70 or Ch. 162 section 8 of the M.G.L. as
part of its Application for a Right-of-Way Permit shall so indicate on the
Application. A Right-of-Way Permit granted to a Public Utility for a Facility
to the extent of Public Utility Use shall constitute a Grant of Location as well.

Except for Transmission Lines, in the event that all of the Usable Space of
Existing Overhead Facilities has been used up, the Town may in its
reasonable discretion require that the Applicant construct New Underground
Facilities.

All construction work contemplated by this By-Law shall be done in a good
and workmanlike manner using best engineering and construction practices
and shall be done in accordance with (i) all applicable laws and regulations,
(ii) all of the provisions of this By-Law, and (iii) any conditions contained in
the Right-of-Way Permit. Without limiting this By-law in any manner, work
that involves Street Opening Work must comply with the Town's Street
Opening By-Law.

No person or entity may perform any work in or under a Right-of-Way unless
it is a Permit Holder and (i) is a municipal department, Public Utility,
Telecommunications Carrier or Local Exchange Carrier or their respective
officers or employees or (ii) has engaged a Licensed Contractor and such
holder performs all such Right-of-Way Work as agent of Permit-Holder.

V. REQUIREMENTS OF APPLICATION

A. Information Required of All Applicants and Co-Locators

Applicants or Co-Locators seeking a Right-of-Way Permit shall file on forms
designated by the Awarding Authority a completed and signed Application at
the office of the Awarding Authority which shall include the following
information:

1. The identity and legal status of the Applicant or Co-Locator including any
parent or affiliated corporation.
2. The address and telephone number of the corporation and the name of the
officer, agent or employee responsible for the accuracy of the Application.

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3. If a Public Utility (or municipal department), the federal identification
number of the entity. All others must in addition specify their FCC license
number and submit evidence of certification by the DTE.
4. A general description of Applicant's Existing Overhead or Underground
Facilities within the Town that it is using to provide service and the service
that it is currently providing.
5. A detailed description of the service that Applicant or Co-Locator intends
to offer or provide to persons, firms, businesses or institutions within the
Town and whether the use of the Facility to provide the service will constitute
a Public Utility Use.
6. A detailed description of the Underground or Overhead Facilities
Applicant or Co-Locator intends to use or construct, their useful life and full
dimensions of the proposed Facility including but not limited to the following:
height of Poles, number of wires and their diameter, height of wires above the
Right-of-Way, voltage of electric transmission lines, diameter of mains and
conduits.
7. Maps or plans showing the exact location of the Existing or proposed New
Facility in the Right-of-Way using engineering metes and bounds, street
names and intersecting street names. Show a north arrow.
8. A statement as to whether New Facilities will be built or Existing Facilities
will be used and who is the Applicant with respect to such Facility.
9. In the case of a Co-Locator seeking a Permit for an Attachment to a
Facility the Applicant of which is exempt in whole or part from the obligation
to make a License Rental Payment for the Facility as provided herein, if any,
such application shall be made jointly by Applicant and Co-Locator. Each
must sign the application and Applicant must acknowledge in a writing in
form and substance satisfactory to the Town, its obligation to pay the amount,
if any, as a License Rental Payment due the Town in respect of such
Attachment.
10. The names of Co-Locators who share or will share the Facility. Applicants
must provide evidence that Co-Locators have received their own Right-of-
Way Permit and identify all pending Co-Locator Applications.
11. Evidence that Applicant or Co-Locator has obtained all other
governmental approvals and permits needed to use Existing Facilities and to
offer or provide services.

B. Petitions for Grants of Location

Applicants or Co-Locators that are Public Utilities and that are seeking a
Grant of Location as part of the Right-of-Way Permit shall also provide the
following information as part of the application:

1. A statement as to the purpose for constructing the New Facility or make an
Attachment to an Existing Facility.
2. A list of abutters' names and addresses.
3. The kind, size and tested strength of supporting or service wires for Poles.


                                      193
4. The maximum voltage that will be transmitted over wires and the
maximum cubic feet of gas that will be transported through mains.
5. The size and pressure of gas mains and what the main is made of.
6. A list of all posts, Poles or other supports of wires included in the Grant of
Location.
7. The number of cross arms in use with each Pole and the number of wires
that are already attached thereto and the number of wires that are proposed.
8. The location of conduits and manholes in relation to the' Existing
Underground Facilities and proposed New Underground Facilities.

C. Applicants for New Facilities Must Submit Additional Information.

If New Facilities are to be constructed, Applicant must submit the following
additional information as part of the Application:

1. Preliminary engineering plans, specifications and a Site Plan of the
facilities to be located within the Right-of-Way at a scale of one inch equals
forty (40) feet which shall show (i) all property lines, (ii) the exact location of
the proposed New Facilities, and (iii) Existing Facilities, streets, landscape
features, residential dwellings, and all buildings located within five hundred
feet (500') of the New Facility prepared by a Registered Professional Engineer
or other qualified professional.
2. A network map showing the location and route of the New Facilities
superimposed on the Public Ways of the Town on a scale of one inch equals
one hundred feet (100') prepared by a Registered Professional Engineer or
other qualified professional.
3. The location of all Existing Facilities of Applicant and any Co-Locator
located along the proposed route.
4. The specific trees, structures, improvements, facilities and obstructions, if
any, that Applicant proposes to temporarily or permanently remove or
relocate.
5. Evidence as to what, if any, Excess Capacity is available for Attachments to
Existing Facilities located along the proposed route with a specification of
how much Excess Capacity will exist after the installation of the New Facility.
If co-location is not proposed, an affidavit attesting to the fact that Applicant
made diligent but unsuccessful efforts to obtain permission to install or co-
locate New Facilities on Existing Facilities, the reason for the denial of co-
location' and whether an appeal to the DTE has been adjudicated.
6. If New Facilities are to be constructed, the Excess Capacity that will exist in
or on them after their installation and use by the Applicant and any identified
Co-Locator.
7. The useful life of the Proposed Facility or Attachment
8. Information as to the type and frequency of any Telecommunications
Equipment that will be installed.
9. A preliminary construction schedule and completion date.



                                       194
10. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating Applicant's financial ability to
construct, operate, maintain, relocate and remove the proposed Facilities.
11. Information in sufficient detail to establish Applicant's technical
qualifications, experience and expertise regarding the Facilities to be
constructed and operated.
12. Evidence that Applicant has obtained all other governmental approvals
and Permits needed to construct the New Facilities, including but not limited
to any necessary Street Opening Permits.
13. The name of the Licensed Contractor who will perform the construction
work or a copy of the Public Works Construction License that Applicant has
obtained from the Town.
14. An Application Fee.
I5. A Certificate of Insurance in coverages as specified in Section VI-J of this
By-Law.
16. Such other and further information related to the construction and use of
a Facility as may be reasonably required by the Awarding Authority in its
form Application.

VI. APPLICATION PROCEDURE

Upon receipt of a completed and signed Application, it will be forwarded to
the Highway Superintendent, Planning Board and the Inspector of Wires for
review. The Highway Superintendent, Planning. Board and Inspector of
Wires shall promptly review the Application and make written
recommendations concerning approval to the Awarding Authority and, if
appropriate, shall include recommendations concerning permit conditions
and supplemental instructions.

If the Application involves the construction of New Facilities, the modification
of Existing Facilities or a program of Attachments the total construction cost
of any of the foregoing is estimated to exceed one million dollars, the Town
and Applicant may enter into an agreement for the Applicant to reimburse
the Town for the reasonable cost of engineering review by the Town's
consultant of the plans submitted. In such a case, Applicants shall submit a
deposit to secure the cost of this review which will be held in a segregated
account in accordance with C. 44 section 53G of the Mass. General Laws.

If the Right-of-Way Application includes a Petition of the Applicant for a
Grant of Location, the Awarding Authority shall promptly schedule a public
hearing and, if required by statute, publish a public notice of the hearing.
Owners of property abutting the property on which the New Facility is
proposed will be notified by the Town at least fourteen days prior to the
public hearing and given the opportunity to speak at the public hearing and
present evidence.




                                      195
The Awarding Authority shall review the Application, any evidence presented
at a Grant of Location public hearing and the recommendations received
from the Highway Superintendent, Planning Board and Inspector of Wires
and make a prompt determination on the Application taking into account the
recommendations received, testimony and evidence presented if any, and such
other facts as it may reasonably consider such as:

A. The likelihood that the New Facility will incommode the public use of
public ways or endanger or interrupt navigation.
B. The financial and technical ability of the Applicant or Co-Locator to
construct New Facilities or to use the Right-of-Way.
C. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate the proposed New Facilities, modifications or Attachments.
D. The capacity of the Right-of-Way and the Existing Facilities thereat to
accommodate additional New Facilities if the Permit is granted.
E. Potential damage or disruption (including Measurable Interference with
Telecommunications Services) to Existing Facilities, or public property if the
Permit is granted.
F. The effect, if any, on public health, safety and welfare if the Permit is
granted.
G. The availability of alternate routes and/or locations for the proposed New
Facilities.
H. Applicable federal and state laws and Town by-laws which might prohibit
or affect the Permit if granted.

If the Application is considered favorably, a Right-of-Way Permit containing
such conditions and supplemental instructions regarding the location and
installation of Facilities as the Awarding Authority reasonably deems
appropriate shall promptly be issued upon the satisfaction of any conditions
precedent, which the Awarding Authority may establish. If the Application is
not favorably considered, the Awarding Authority shall communicate in
writing to Applicant of Co-Locator the reasons its Application was not
favorably considered.

If a Grant of Location has been requested as part of the Application for a
Right-of-Way Permit and the Application has been considered favorably, the
Right-of-Way Permit shall also constitute an Order Granting the Location.
The Grant of Location will specify where the New Facility or Attachment
may be placed, and (with the exception of Grants of Location for
Transmission Lines) the kind of Poles, piers or abutments which may be used,
the number of wires or cables which may be attached thereto, the height to
which the wires or cables may run and the maximum voltage between
conductors to be carried through same. Grants of Locations for Poles are
limited to one Pole per Location. The Grant of Location may contain such
other conditions and supplemental instructions as the Awarding Authority
reasonably deems appropriate.


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VII. TERMS OF THE RIGHT-OF-WAY PERMIT

A. Conditions of Permit.

All Right-of-Way Permits granted are conditioned upon 1) the Applicant
having obtained and submitted to the Awarding Authority, prior to
construction and installation of its New Facilities, a Bond as required in sub-
section (K)(2) hereafter, and 2) the execution and delivery of a Town of
Canton Right-of-Way License Agreement substantially in the form set forth
below and otherwise in form and substance satisfactory to the Awarding
Authority.

B. Permit Term

Rights-of-Way Permits shall be valid for the period commencing on the date
of filing of an Application and ending upon the Revocation of a Right-of-Way
Permit. A Permit Holder desiring to continue to use the Facility after the
expiration of the Permit Term shall not more than 180 days nor less than 90
days before expiration of the current Permit file an Application with the
Town for a Permit as though the Existing Facility were a proposed New
Facility. Each Co-Locator must also file for a new Permit.

C. Revocation of Permits.

Except to the extent that a Right-of-Way Permit also constitutes a statutory
Grant of Location and current law limits the ability of the Awarding
Authority to revoke a Grant of Location, the Awarding Authority during the
Permit Term may revoke a Right-of-Way Permit granted hereunder after
notice and hearing if it shall reasonably determine that (i) Permit Holder is in
Default (ii) Permit Holder fails to construct the Facilities for which a Permit
was granted within six months of the granting of the Permit (iii) Permit
Holder has failed to relocate its Facility or Attachment to a new location
within the designated time following an order from the Awarding Authority
to relocate such Facility or Attachment or (iv) if the Awarding Authority"
determines that public necessity and convenience requires the revocation of a
Grant of Location held by a street railway. The Permit-Holder shall be given
not less than ten days prior written notice of the time and place of the hearing
on revocation and shall have the opportunity at the public hearing to present
evidence.

D. Removal of Facilities.

Following revocation of the Permit or the expiration of the Permit Term
without an application to continue to use the Facility unless then existing
statutes shall require a different result and, if ordered by the Town, Permit
Holder shall cease using the Right-of-Way. Permit Holder shall remove all of
its Overhead and Underground Facilities from the Right-of-Way and restore
the area to its original condition within six months following expiration or

                                      197
revocation of the Permit. In the event that the Permit Holder fails to remove
its Facilities, the Awarding Authority may treat such as abandoned property
and, among other remedies, remove the Facilities and restore the area at the
owner's sole cost and expense.

E. Removal of Unauthorized Facilities.

The location of any Overhead or Underground Facility covered by a Right-of-
Way Permit may be changed by order of the Awarding Authority if it
determines in its reasonable discretion that public necessity, the incommoding
of the public’s use of the public ways or public endangerment or interruption
of navigation requires relocation of the Facility. Except for Emergency
Repair Work, Applicant is required to notify all Co-Locators upon receiving
an order to relocate the Facility from the Awarding Authority. Applicant and
all Co-Locators shall, at their own expense, relocate their Facilities to such
location as shall have been approved by the Awarding Authority within
ninety days of the receipt of the order of the Awarding Authority. Upon
relocation Applicant shall promptly supply Awarding Authority with "as
built" plans of the relocated Facility. Following the transfer of the Facility
and any Attachments from the Existing Facility to the New Facility, the
Existing Facility shall be removed from the site within ninety days from the
date of completion of the transfer.

Except to the extent allowed by law and unless directly and proximately
caused by the willful, intentional or malicious acts by the Town, the Town
shall not be liable for any damage to or loss of any Overhead or Underground
Facility located in the Right-of-Way as a result of or in connection with any
public works, public improvements, construction, excavation, grading, filling
or work of any kind in the Right-of-Way by or on behalf of the Town. Rights-
of-Way Permits and Grants of Location for Facilities that have been ordered
to be relocated will be amended to reflect the new location once the Facilities
have been re-located.

F. Re-Location of Facilities due to Public Necessity

The location of any Overhead or Underground Facility covered by a Right-of-
Way Permit may be changed by order of the Awarding Authority if it
determines in its reasonable discretion that public necessity requires
relocation of the Facility. Except for Emergency Repair-Work, Applicant is
required to notify all Co-Locators upon receiving an order to relocate the
Facility from the Awarding Authority. Applicant and all Co-Locators shall, at
their own expense, relocate their Facilities to such location as shall have been
approved by the Awarding Authority within ninety days of the receipt of the
order of the Awarding Authority. Upon relocation Applicant shall promptly
supply Awarding Authority with "as built" plans of the relocated Facility.
Following the transfer of the Facility and any Attachments from the Existing



                                      198
Facility to the New Facility, the Existing Facility shall be removed from the
site within ninety days from the date of completion of the transfer.
Unless directly and proximately caused by the willful, intentional or malicious
acts by the Town, the Town shall not be liable for any damage to or loss of
any Overhead or Underground Facility located in the Right-of-Way as a
result of or in connection with any public works, public improvements,
construction, excavation, grading, filling or work of any kind in the Right-of-
Way by or on behalf of the Town. Rights-of-Way Permits and Grants of
Location for Facilities that have been ordered to be relocated will be amended
to reflect the new location once the Facilities have been re-located.
G. Assignment of Facilities
Except to the extent that Section 15B of Chapter 166 of the Massachusetts
General Laws and other current law limits the ability of the Town to transfer
a Right-of-Way Permit, a Right-of Way Permit is not assignable. If a Permit-
Holders transfers ownership or use of its Facilities to another entity, such
entity must apply for and receive its own Permit in accordance with this By-
Law.
H. Non-exclusive grant
No Permit granted under this By-Law shall confer an exclusive right,
privilege, license or franchise to occupy or use the Right-of-Way of the Town
for delivery of services or any other purposes. No Permit granted under this
By-Law shall convey any right, title or interest in the Right-of-Way but shall
be deemed a license to use and occupy the Right-of-Way in accordance with
the terms of this By-Law and the Town of Canton Right-of-Way License
Agreement. Further, no Permit shall be construed as a warranty of title. A
Permit granted shall be limited to a license to use only that specific portion of
a Right-of-Way as specified in the Plan that accompanies the Application and
in any Permit or License Agreement.

I. Co-Location of Facilities

Issuance of a Right-of-Way Permit may be conditioned upon the agreement of
the Applicant to make Excess Capacity available to the Town. The Town
reserves the right to place, free of charge, signal circuits, signal supply
circuits and the equipment attached to these circuits belonging to the Town
and used by it exclusively for municipal purposes on or in all Existing
Facilities with Excess Capacity and on or in New Facilities then owned or
controlled by an Applicant which is a Public Utility and shall be allowed
access whenever necessary to place, maintain or remove its wires and cables.

J. Insurance

The Permit Holder shall acquire and continuously maintain while it possesses
a Right-of-Way Permit liability insurance coverage on all personnel and

                                      199
equipment used to construct, operate, maintain and repair the Overhead and
Underground Facilities located within the Right-of-Way. This insurance must
be with insurance companies licensed to do business in the Commonwealth of
Massachusetts and shall contain the following coverages and be in the
following minimum amounts:

Commercial General Liability Insurance- including operation, independent
contractors, complete operations for a period of one (1) year from completing
the street opening work, XCU hazards, broad form property damage and
personal injury.

General Aggregate:                      $ 2,000,000.00
Products and complete operations
          Aggregate                    $ 2,000,000.00
          Each occurrence              $ 1,000,000.00
Combined single limit                  $ 1,000,000.00

Automobile Liability Insurance (covers owned, non-owned and hired
vehicles)
   Bodily Injury Liability        $ 500,000.00 each person
                                  $ 1,000,000.00 each accident
   Property Damage Liability      $ 250,000.00 each accident
   Combined Single Limit          $ 1,000,000.00
Worker's Compensation and Employer's Liability
   Each Accident                  $ 100,000.00
   Disease- Policy Limit          $ 500,000.00
   Disease- each Employee         $ 100,000.00

Certificates of Insurance shall provide for at least thirty (30) days notice to
the Awarding Authority of cancellation or material change. The name of the
municipality shall be listed as an additional insured on the Certificate of
Insurance.

K. Construction Requirements

1.    All Permit Holders are required to obtain a Building and Electrical
Permit (if applicable), and (except for Poles and Attachments thereto) a
Street Opening Permit from the Awarding Authority. Once commenced,
construction shall proceed at an uninterrupted and consistent pace so that the
Right-of-Way Work described in the Permit will be completed within a
reasonable time.

2.   Before commencing construction, Permit Holders shall submit to the A
warding Authority a Performance Bond, with corporate surety satisfactory to
the A warding Authority, in an amount equal to the value of the construction
which shall, assure:    the satisfactory completion of installation and
commencement of operation of the system in accordance with the terms of the


                                     200
Permit, , and the satisfactory restoration of adjoining property and public
property in accordance with the provisions of this By-Law. This bond shall
be maintained in force until one year after the completion of the construction
work.

3.   Construction of New Facilities must conform to the plan accompanying
the Application and to the terms of the Permit and License Agreement All
Right-of-Way Work must conform to the Americans with Disabilities Act and
the Architectural Access Board Regulations as currently in effect

4. Right-of-Way Work shall comply with the following:
   a. Working Hours. Except for Emergency Repair Work, Right-of-Way
      Work shall occur during Normal Working Hours. Permit Holder must
      give notice of the intended Right-of-Way Work seventy-two hours in
      advance to the Highway Superintendent and unless the requirement for
      a police detail is waived by the Police Chief of the Town, must mange
      for and pay for a police detail to be present throughout the period of
      time that the Right-of-Way Work is being conducted.
   b. Obligation to Locate Existing Facilities. Permit Holder or Contractor
      must inform itself as to the existence and location of all Existing
      Facilities located in the same general area as the New Facilities are to
      be located and i must confer with the owners thereof in order to obtain
      information as to the vertical and horizontal locations of' the Facilities
      and other conditions that might affect the Right-of-Way Work.
   c. Non-Interference with Existing Facilities. Permit Holder or Contractor
      shall not interfere with an Existing, Facility without the written consent
      of the Awarding Authority and the owner of the Existing Facility. If it
      becomes necessary to relocate an Existing Facility to accommodate the
      New Facility, this shall be done by its owner and the cost of such work
      shall be borne by the Permit Holder.
   d. Dig Safe. Permit Holder shall, in accordance with Chapter 164 section
      76D of the M.G.L., notify all Public Utilities seventy-two hours in
      advance of making any excavation in a Public Way. Such notification
      shall be made by means of obtaining a DIG-SAFE number. Said
      number shall be provided on the Street Opening Application.
   e. Protection of Existing Facilities. Permit Holder or Contractor shall
      adequately support and protect by timbers, sheeting etc. all Existing
      Overhead or Underground Facilities which may be in any way affected
      by the Right-of-Way Work and shall do everything necessary to
      support, sustain and protect them under, over, along or across such
      work area. Excavation work shall be performed and conducted in such
      manner that it shall not interfere with access to fire stations, fire
      hydrants, water gates, underground vaults, catch basins nor to any
      other public structure, fixture or improvement to the extent access to
      such other public structure, fixture or improvement is necessary for the
      protection of the safety, health or welfare of the public.

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f. Adjoining Property. Permit Holder or Contractor shall, at all times at
   its own expense, preserve and protect from injury any adjoining
   property and shall take such precautions as may be necessary for this
   purpose. Permit Holder shall be responsible for all damages to public
   or private property or streets resulting from its failure to properly
   protect and carry out the Right-of-Way Work to the extent allowed by
   law and shall restore all such adjoining property to the condition that
   existed immediately prior to the performance of any Right-of-Way
   Work.
g. Trees. Permit Holder or Contractor shall not remove, even
   temporarily, any trees or shrubs which exist in the Right-of-Way Work
   area without first obtaining the consent of the Town. In the event a tree
   is either accidentally destroyed by the Permit Holder or Contractor or
   is authorized for removal by the Town, Permit Holder or Contractor
   shall remove the tree, stump and debris from the work site and replace
   the tree with an identical species with a minimum caliper of two inches
   in the identical location.
h. Excavated Material. Permit Holder or Contractor shall remove all
   excess excavated materiel, surplus, water, muck, silt, residue or other
   run-off pumped or removed from excavations from the Right-of-Way
   Work site.
i. Temporary Repairs of Underground Facilities. At the end of each day,
   all trenches must be plated if repair work is not completed. No un-
   plated trenches are permitted overnight and work in plated trenches
   must be continually prosecuted to completion to minimize the time
   trenches are plated.
j. Noise. Permit Holder or Contractor shall perform the Right-of-Way
   Work in such a manner as to avoid unnecessary inconvenience and
   annoyance to the general public and occupants of neighboring
   property. During the hours from 10:00 P.M. to 7:00 A.M. Permit
   Holder or Contractor shall not use, unless otherwise specifically
   permitted by the Awarding Authority any tool, appliance or equipment
   producing noise of sufficient volume to disturb the sleep or repose of
   occupants of the neighboring property.
k. Debris and Litter. All debris and litter remaining from the Right-of-
   Way Work site shall be removed by the, Permit Holder or Contractor
   in a timely manner.
l. Lawn Surfaces and Plantings. All lawn surfaces which are disturbed
   during Right-of-Way Work shall be replaced with sod or six (6) inches
   of screened loam, lime, fertilized and re-seeded with good quality lawn
   seed. Any areas containing plantings shall be restored to their original
   condition with the same or similar plantings.
m. Erosion Control. Permit Holder shall be responsible for all erosion
   control and for obtaining any necessary permits from the Town. Permit
   Holder or Contractor shall protect drainage structures from siltation
   by whatever means required including but not limited to the


                                  202
      installation of hay bales and/or filter fabric. In the event that a
      drainage structure becomes damaged from siltation as a result of the
      Right-of-Way Work, Permit Holder or Contractor shall clean the
      structure before completing the Right-of-Way Work.
   n. As Built Plans. Within 30 days following completion of construction of
      New Facilities, Permit Holder shall file with the Awarding Authority
      complete As-Built Plans of the New Facilities including an accurate
      map certifying the location of all Facilities within the Right-of-Way
      prepared by a Registered Professional Engineer or other qualified
      professional.
   o. Tree trimming. Permit Holders who own and maintain Overhead
      Facilities are responsible for trimming trees or other vegetation
      growing in the Right-of-Way to prevent their branches or leaves from
      touching or otherwise interfering with the Overhead Facility. All
      trimming or pruning shall be at the sole expense of the Permit Holder
      and performed under the supervision of the Town.

L. Emergency Repair Work

When notified by the Town, Permit Holder is required to respond to calls for
Emergency Repair Work within two hours of the notice and to commence
repairs immediately upon arrival at the site.

M. Maintenance.

Permit Holder shall at all times employ ordinary and reasonable care and
shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures of Overhead or Underground
Facilities and accidents which are likely to cause damage, injuries or
nuisances to the public. Owners of Poles shall, upon the receipt of written
notice served by the Inspector of Wires, promptly make such substitution or
repairs of such Poles, wires, posts, supports or attachments as may be
required by the Inspector of Wires.

VIII. Rental Payments

To the extent the Town and an Applicant holding a Right-of-Way Permit for
a Facility may agree, an Applicant holding a Right-of-Way Permit for a
Facility shall make a License Rental Payment to the Town for the non-
exclusive right to use certain Rights-of-Way in the Town of Canton.

IX. APPEALS

A person or entity aggrieved by a decision of the Awarding Authority under
this By-Law may appeal such decision to the appropriate court of competent
jurisdiction or, to the extent applicable law provides, to the DTE or the FCC.



                                     203
X. SEVERABILITY

If any clause, section, or other part of this By-Law shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this
By-Law shall not be affected thereby but shall remain in full force and effect.

XI. EXEMPTION FOR LICENSED CABLE OPERATORS

Notwithstanding any provision of this By-Law to the contrary, any Applicant
that holds a valid license issued by the Town pursuant to G.L. c. 166A, § 3 (a
“CATV License”) shall be exempt from, and shall not be required to submit
to the Town an Application for permission to install, maintain or operate
Facilities legally authorized by such Applicant’s CATV License or otherwise
to comply with the provisions of this By-Law to the extent such Applicant’s
CATV License authorizes the Applicant to install, maintain and operate its
Facilities in the Town and provided that such Applicant remains in
compliance with all the requirements and conditions of its CATV License,
G.L. c. 166A and applicable regulations of the DTE.

                   FINANCE COMMITTEE VOTE:                5-2-1

Finance Committee Chairperson Dave Emhardt moved Article 28 as printed in the
warrant by adding a new section to the General By-laws to be numbered section
23, Right of Way under Article XVI.

A majority of the Finance Committee voted to support this Article. It brings
Canton into compliance with a recent State Superior Court decision and also
provides the Town the ability to tax any user of Town owned utility poles that are
permitted under the law.

Article 28 adopted as printed.

ADOPTED UNANIMOUS VOICE VOTE

                                   ARTICLE 27

ESTABLISHMENT OF CANTON CENTER PARKING DISTRICT
ENTERPRISE ACCOUNT
Article 27     To see if the Town will vote to establish a Canton Center Parking
District Enterprise Account, pursuant to G.L. c. 44, § 53F½, for the fiscal year
beginning July 1, 2009, into which Enterprise Account shall be deposited all
receipts, revenues and funds received by the Town as payment for all traffic
violations and parking fees, charges and violations within the Canton Center
Parking District, and from which Enterprise Account all expenditures shall be
under the supervision of the Board of Selectmen, in accordance with such budgets
as may be appropriated by Town Meeting, for the enterprise of providing facilities
and spaces for parking and transportation, including but not limited to operating,


                                       204
maintaining, improving, making ordinary and extraordinary repairs, acquiring
properties and structures (or portions thereof or interests therein), and conducting
studies and appraisals, and further to see if the Town will vote to establish and
appropriate a budget for such Canton Center Parking District Enterprise Account,
or to take any other action related thereto.

For the purposes of this Article, the Canton Center Parking District shall be that
area in Canton defined by Section 5.6 of the Town of Canton Zoning Bylaw as the
Canton Center Economic Opportunity District (CCEOD), including all sub-
districts, and shown on the map entitled Canton Center Economic Opportunity
District, dated December 20, 2004 and on file with the office of the Planning
Board; at the office of the Town Clerk; at the office of the Board of Selectmen; at
the research desk of the Canton Public Library; and on the town website, as the
CCEOD may be amended from time to time.
Board of Selectmen

MOVED: That the subject matter of Article 27 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                 8-0-0

Finance Committee Chairperson Dave Emhardt moved that the subject matter of
Article 27 be postponed indefinitely.

Gerald Salvatori made a substitute motion that the Canton Center Parking District
Enterprise Account be established pursuant to G.L. c. 44, § 53F½, for the fiscal
year beginning July 1, 2009, into which Enterprise Account shall be deposited all
receipts, revenues and funds received by the Town as payment for all traffic
violations and parking fees, charges and violations within the Canton Center
Parking District, and from which Enterprise Account all expenditures shall be
under the supervision of the Board of Selectmen, in accordance with such budgets
as may be appropriated by Town Meeting, for the enterprise of providing facilities
and spaces for parking and transportation, including but not limited to operating,
maintaining, improving, making ordinary and extraordinary repairs, acquiring
properties and structures (or portions thereof or interests therein), and conducting
studies and appraisals. For the purposes of this Enterprise Account, the Canton
Center Parking District shall be that area in Canton defined by Section 5.6 of the
Town of Canton Zoning Bylaw as the Canton Center Economic Opportunity
District (CCEOD), including all sub-districts, and shown on the map entitled
Canton Center Economic Opportunity District and dated December 20, 2004.
Mr. Salvatori explained that it would enable the Town to create a funding source
where, if a private property owner were to enter into a lease agreement with the
Town to allow use of a particular piece of property after hours or perhaps during
their normal business hours where they may have a surplus of parking, that we
could then enable other parking to take place, municipal type parking, identified
through signage as being public parking through certain hours by sticker only.
This might allow the business owners and their employees to purchase a sticker for
a nominal fee, which would offset the rental costs of the private lot and then they


                                        205
could park in these private areas thereby freeing up public spaces for their
customers. The preliminary conversations with some of the private property
owners in the downtown are that they would like to have the ability to have some
type of a lease payment to cover their increase in costs. For example, if a business
closed its operation at 5pm the use of this lot after hours may require illumination
and therefore they would incur a higher utility expense. An enterprise account
would allow the Town to bring in revenue and to maintain the parking area. Some
property owners indicated that if they were to entertain such an arrangement that
they would like to have a small premium that they could have to pay an insurance
rider on their insurance policies, so it is really more to offset their costs. Property
owners they have talked to said that they would like to be able to offset whatever
costs they would incur.

Alan Karon mentioned that this article was discussed at last years Town Meeting
and that the Parking Clerk expressed concern as to implementation and how the
money generated through Canton Center voucher parking would be separated from
other voucher parking areas. Because of these concerns Town Meeting did not
pass the article. Mr. Karon asked how these concerns were addressed.

Mr. Salvatori responded that there could be a notation on the violations stating that
it is within the confines of the Canton Center Parking District and in doing so
would be able to denote where those funds would be allocated.

Jeremy Comeau spoke in opposition to the article. He does not agree with
charging business owners and their employees to park to go to work. He also
asked for the Finance Committee’s and the Board of Selectmen’s input on this
article.

Mr. Emhardt, Chairperson of the Finance Committee, stated that the Finance
Committee was more concerned with the type of account required. They felt that
perhaps a district should be created before we figure out if we need an enterprise
account or a revolving fund account.

Avril Elkort, a member of the Board of Selectmen, concurred with the Finance
Committee.

Mr. Salvatori stated that the Board is 4 to 1 in favor of the article. He also stated
that although, yes we are charging business employees for parking, if they do
chose to park there, but we are creating parking in an area where they do not have
it right now. Also, we cannot expect private property owners to allow us to use
their lots after hours without certain protections in place such as an agreement,
perhaps some type of insurance rider, coverage for their out of pocket expenses for
utilities and so forth.

Len Barnet supports this as a pro-active approach to an existing parking problem
in the downtown area.



                                         206
John Connolly stated that the Board has been approach by downtown merchants
regarding the limited parking situation downtown and have asked for the Towns
involvement in alleviating this problem.

Jonathan Comeau asked if this would open up the possibility of putting in parking
meters.

Mr. Salvatori stated that that is not part of the current plan.

VOTED: That the Canton Center Parking District Enterprise Account be
established pursuant to G.L. c. 44, § 53F½, for the fiscal year beginning July 1,
2009, into which Enterprise Account shall be deposited all receipts, revenues and
funds received by the Town as payment for all traffic violations and parking fees,
charges and violations within the Canton Center Parking District, and from which
Enterprise Account all expenditures shall be under the supervision of the Board of
Selectmen, in accordance with such budgets as may be appropriated by Town
Meeting, for the enterprise of providing facilities and spaces for parking and
transportation, including but not limited to operating, maintaining, improving,
making ordinary and extraordinary repairs, acquiring properties and structures (or
portions thereof or interests therein), and conducting studies and appraisals. For
the purposes of this Enterprise Account, the Canton Center Parking District shall
be that area in Canton defined by Section 5.6 of the Town of Canton Zoning
Bylaw as the Canton Center Economic Opportunity District (CCEOD), including
all sub-districts, and shown on the map entitled Canton Center Economic
Opportunity District and dated December 20, 2004.

DEFEATED 56 AYE – 58 NAY




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                               SECOND SESSION

                                 APRIL 29, 2009

                                   ARTICLE 34

ADOPTION OF STATUTE TO PERMIT LOCAL BOARD MEMBERS TO
MISS SESSION OF HEARING
Article 34 To see if the Town will accept G.L. c. 39,section 23D, which would
permit local board members who miss a single session of an adjudicatory hearing
before their board to be able to vote on the matter provided they review the
evidence submitted at the missed hearing session and file a certificate to said
effect, and to specify whether it shall apply all types of adjudicatory hearings or
only certain ones, or take any other action related thereto.
Board of Selectmen

MOVED: That the Town accept G.L. c. 39, section 23D, which would permit
local board members who miss a single session of an adjudicatory hearing
before their board to be able to vote on the matter provided they review the
evidence submitted at the missed hearing session and file a certificate to said
effect, and to specify whether it shall apply all types of adjudicatory hearings
or only certain ones.

                   FINANCE COMMITTEE VOTE:                 4-2-0

Finance Committee Chairperson Dave Emhardt moved Article 34 as printed in the
warrant.

John Connolly, Board of Selectmen Chairperson, made a substitute motion that
M.G.L. Chapter 39, Section 23D be accepted for all adjudicatory hearings
conducted by any board or commission except the Conservation Commission.

Mr. Connolly stated that this would apply to most voluntary boards which would
allow them to miss one session of a hearing, if necessary, and still be able to vote
on the matter, which would be in fairness to both the board and the applicant.

Alan Karon asked for clarification regarding the Conservation Commission.

William Friel, Town Administrator, responded that the Conservation Commission
indicated to the Board of Selectmen that they were not interested in being included
in this article.

Mr. Emhardt stated that the majority of the Finance Committee supports the
substitute motion. He also clarified that this would apply to hearings, not
meetings.




                                        208
VOTED: That M.G.L. Chapter 39, Section 23D be accepted for all adjudicatory
hearings conducted by any board or commission except the Conservation
Commission.

ADOPTED UNANIMOUS VOICE VOTE

                                      ARTICLE 14

AMEND ZONING BY-LAW BY CREATING A “ROUTE 138 ECONOMIC
OPPORTUNITY OVERLAY DISTRICT (EOD)
Article 14 To see whether the Town will vote to amend the Zoning By-Law, as
most recently amended, by adding the following new Section 5.11, or take any
other action in relation thereto.

5.11       Route 138 Economic Opportunity Overlay District By-law

There is hereby established a Route 138 Economic Opportunity Overlay District
(Route 138 EOD) Zoning By-Law.

The Route 138 EOD is shown on a map entitled “Route 138 Economic
Opportunity Overlay District” dated December 1, 2008, which map is hereby
incorporated by reference in this Section 5.11.

5.11.1     Purposes

       This Section 5.11 shall apply only to those parcels located entirely within the
       boundary of the Route 138 EOD.

       The Route 138 EOD is established for the accomplishment of the following
       purposes:

                A. To promote the economic health and stability of the Town by
                   encouraging development and economic investment in the Route
                   138 EOD that will generate employment and tax revenue; and

                B. To designate, by a two-thirds town meeting vote, all parcels
                   incorporated into this Route 138 EOD (see map incorporated by
                   reference) as an economic opportunity area pursuant to Chapter
                   23A of the General Laws; and

                C. To provide additional planning flexibility for projects located in
                   the Route 138 EOD, including enhancing the coordination of the
                   project with the environmental and natural features of the
                   development site; and

                D. To encourage mixed-use development, including but not limited
                   to, offices, retail shops, and multi-family housing; and

                E. To permit and encourage the development of parks and open

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                 spaces, which would be available for use by the general public,
                 as a condition for the grant of a special permit pursuant to this
                 Section 5.11 authorizing an increase in the otherwise permissible
                 density of population or intensity of a particular use in a
                 proposed development pursuant to the requirements of this
                 Section 5.11; and

            F. To permit the use of new development standards which will
               promote the desired changes in the Route 138 EOD; and

            G. To provide information on the potential impacts of a proposed
               development; and

            H. To enable the Special Permit Granting Authority (SPGA) to
               require adherence to "Site Development and Use Plans" in the
               granting of a special permit.

5.11.2      Definitions

    For the special purposes of this Section 5.11, the following words and phrases
    shall have the meaning hereinafter indicated:

            A. Building Height: Building height shall be limited as set forth in
               this Section 5.11.11 and measured as set forth in the State
               Building Code 780 CMR 101.0 et seq.

            B. Buildable Lot Area: A buildable lot area shall be a single
               continuous tract of land located entirely within the Route 138
               EOD which is contiguous with the frontage, and which excludes
               any land defined as a "Resource Area" under the Massachusetts
               Wetlands Protection Act (MGL Chapter 131, Section 40) and
               any required yard area.

5.11.3      Scope of Authority

    The Route 138 EOD shall be an overlay district and shall not restrict the
    owner's rights relative to the underlying zoning districts. However, if the
    owner selects to use the Route 138 EOD for development purposes, the
    development shall conform to the requirements of this Section 5.11 and shall
    require the issuance of a Special Permit from the Special Permit Granting
    Authority (SPGA).

5.11.4      Special Permit Granting Authority

    The Board of Appeals is hereby designated as the Special Permit Granting
    Authority (SPGA) for all purposes under this Section 5.11. All Special Permit
    applications pursuant to this Section 5.11 shall conform to the standards and
    criteria of this Section 5.11 and the Zoning Board of Appeals Rules and


                                      210
    Regulations governing the administration of applications for special permits.
    Under this Section 5.11, no building shall be constructed or externally
    enlarged, and no use shall be expanded in ground area, or established in an
    existing building except in conformity with a Special Permit issued by the
    Board of Appeals and a Site Development and Use Plan that bears the
    endorsement of approval by the Board of Appeals. Requirements and
    Procedures for approval of such Site Development and Use Plan shall be in
    accordance with Article III. Section 3.0 Site Plan Approvals and this Section
    5.11.
    Construction or operations under a building permit or a Special Permit shall
    conform to any subsequent amendment of the Zoning By-Law, unless the use
    or construction is commenced within a period of not more than six months
    after the issuance of the permit and such construction is continued through to
    completion as continuously and expeditiously as is reasonable.
5.11.5       Objectives

    In addition to the specific criteria contained within this section, the SPGA
    shall issue a Special Permit for development within the Route 138 EOD only
    after consideration of the project's compliance with the following additional
    criteria:

             A. Adequacy of the site in terms of the size of the proposed use(s);

             B. Adequacy of the provision of open space, its accessibility to the
                general public, and/or its association with adjacent or proximate
                open space areas;

             C. Suitability of the site for the proposed use(s);

             D. Impact on traffic and pedestrian flow and safety;

             E. Impact on the visual character of the neighborhood;

             F. Adequacy of utilities, including sewage disposal, water supply
                and storm water drainage; and

             G. Degree to which the proposed project complies with the goals
                and purposes of this Section 5.11.

5.11.6       Sub-Districts
             The Sub-Districts of the Route 138 EOD shall be segmented along
             the length of Route 138 as follows:
             A. Route 138 EOD Sub-District Area “A”: That area of the
                Route 138 EOD that runs from the Milton town line to the
                Interstate 93/95 overpass (Yankee Division Highway).

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         B. Route 138 EOD Sub-District Area “B”: That area of the
            Route 138 EOD that runs from the southern side of the Turnpike
            Street/Randolph Street intersection to the northern side of the
            Turnpike Street/Tracywood Road intersection.

         The Sub-District Areas are shown on a map entitled “Route 138
         Economic Opportunity District (Sub-Districts A-B)” dated December
         1, 2008, which map is hereby incorporated by reference in this
         Section 5.11.

5.11.7   Uses Permitted

          A.    Within the Route 138 EOD Sub-District Area “A”, the Board
                of Appeals may issue a special permit authorizing the
                following uses:

                 A1. Restaurants, and other on-premises eating and drinking
                     establishments, including related on and off site
                     catering services and on site function facilities, as well
                     as related mechanical and/or live entertainment.

                 A2. Scientific or research laboratory.

                 A3. Pharmaceutical or other          medical    research   or
                     manufacturing facility.

                 A4. All uses allowed by right or by special permit in the
                     underlying zoning district.

                 No building or structure shall be designed, arranged or
                 constructed and no building, structure or land shall be used,
                 in whole or in part, for any purpose other than for one or
                 more of the uses herein set forth as permissible by special
                 permit.

          B.    Within the Route 138 EOD Sub-District Area “B”, the Board
                of Appeals may issue a special permit authorizing the
                following uses:

                 B1. Retail stores, shopping centers/plazas, offices including
                     salesrooms and showrooms, consumer service
                     establishments, business and professional offices,
                     executive and administrative offices, banks and other
                     financial institutions.

                 B2. Restaurants, fast food establishments, and other on-
                     premises eating and drinking establishments, including
                     drive-through and take-out facilities, including related


                                  212
                    on and off site catering services and on site function
                    facilities, as well as related mechanical and/or live
                    entertainment.
                B3. Any of the uses permitted as of right in any Business
                    District listed in Section 2.14.1E-2.14.1P
                B4. Health, health spa, exercise, or sporting event club or
                    venue.
                B5. Theater (live and/or motion picture), bowling alley,
                    billiards/pool hall, dance hall, arcades featuring
                    coin/card operated entertainment devices, or other
                    indoor amusement or indoor amusement activity.
                B6. Scientific or research laboratory.
                B7. Pharmaceutical or other         medical    research    or
                    manufacturing facility.
                B8. Multi-family residential buildings with a minimum of
                    six (6) housing units per building, which may be age-
                    restricted at the applicant’s discretion, subject to
                    applicable age-restriction regulations.
                B9. All uses allowed by right or by special permit in the
                    underlying zoning district.
                No building or structure shall be designed, arranged or
                constructed and no building, structure or land shall be used,
                in whole or in part, for any purpose other than for one or
                more of the uses herein set forth as permissible by special
                permit.
5.11.8   Standards and Criteria
         A.   Minimum Lot Size and “Buildable Lot Area”
                A1.       The minimum lot size is 10,000 square feet of
                "buildable lot area." The lot must contain the "buildable lot
                area" in a single, contiguous site within the boundaries of
                the Route 138 EOD. The Board of Appeals by grant of a
                special permit pursuant to this Section 5.11 may allow a lot
                size of less than 10,000 square feet of buildable lot area
                upon a finding by the Board of Appeals that such reduced
                lot size shall serve the purposes and objectives of the Route
                138 EOD as stated in Sections 5.11.1 and 5.11.5 herein.
                A2.     No portion of a way or street, as defined by the by-
                law may be included in computing the minimum required
                "buildable lot area".

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                       A3.      “Bonus buildable lot area factor”. In the event that
                       no less than ninety percent (90%) of the total designated
                       parking for a property contained within the Route 138 EOD
                       is contained in “structure parking” pursuant to sections
                       5.11.14E and 5.11.14F, twenty-five percent (25%) of any
                       land on the site which is defined as a "Resource Area" under
                       the Massachusetts Wetlands Protection Act (MGL Chapter
                       131, Section 40) shall be permitted to be counted towards
                       “buildable lot area” solely for density calculation and
                       parking area purposes.

             B.     Lot Coverage

                    No building shall be constructed so as to cover, together with
                    any other building on the lot, more than fifty (50) percent of
                    the "buildable lot area".

             C.     Minimum Lot Frontage and Access

                       C1. Lots shall have a minimum frontage of one hundred
                       twenty (120) feet and at least one means of ingress/egress.
                       Each means of ingress/egress shall have a continuous
                       frontage of not less than sixty feet.

                       C2. All parcels for which a Special Permit under the Route
                       138 EOD is sought must have primary access via route 138
                       or via a route that has primary access via route 138 in order
                       to be considered for a special permit.

5.11.9       Density

         No building or structure shall be designed, arranged or constructed and no
         building, structure or land shall be used, in whole or in part, which
         exceeds the densities specified below for residential and non-residential
         uses.

             A.    One dwelling unit per 5,000 S.F. of "buildable lot area" or
                   portion thereof for multifamily residential purposes.

             B.    Four thousand (4,000) gross square feet of non-residential floor
                   area per 10,000 S.F. of "buildable lot area" or portion thereof.

             C.    The minimum density for property being used exclusively for
                   residential purposes shall be no less than twelve (12) housing
                   units, subject to Section 5.11.9A above.

             D.    The minimum density for property being used exclusively for
                   commercial purposes shall be sixteen thousand (16,000) gross


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                    square feet of non-residential floor area, subject to Section
                    5.11.9B above.

          For the purpose of this section, "gross square feet of non-residential floor
          area" means the total non-residential floor area contained within exterior
          walls but does not include basement space used for heating and utilities,
          storage or for automobile parking.

5.11.10       Setbacks and Yard Regulations for Buildings

          No building shall be constructed so as to be nearer to the line of any street
          than the “required setback distance” or nearer to the sidelines of its lot
          than the “required side yard width” or nearer to the rear line of its lot than
          the “required rear yard depth” specified below:

              A. Setback and Yard minimum requirements:
                       A1. Required Setback Distance - 45 feet
                       A2. Required Side Yard Width – 25 feet (45 feet if side
                           yard abuts a building used primarily for single family
                           residential purposes)
                       A3. Required Rear Yard Depth - 25 feet (45 feet if rear
                           yard abuts a building used primarily for single family
                           residential purposes)

              B. The required setback distance shall be measured from the
                 nearest exterior line of the street in question.

              C. No storage or display of goods, products, materials or
                 equipment, vending machines or similar commercial devices
                 shall be located nearer to the line of any street than the permitted
                 setback distance for a building on the lot.

              D. No lot on which a building is located shall be reduced or
                 changed in size or shape so that the building or lot fails to
                 comply with the "buildable lot area", frontage, building
                 coverage, yard setback, or other dimensional provisions of this
                 Section.

5.11.11       Height Regulations

          No building shall be constructed to exceed:
              A.    In Sub-District “A” sixty (60) feet in height or a total of five
                    (5) stories (for commercial or residential use), whichever is
                    lower.
              B.    In Sub-District “B” eighty-four (84) feet in height or a total of
                    seven (7) stories (for commercial or residential use),
                    whichever is lower, (48 feet or 4 stories if abuts a building
                    used primarily for single family residential purposes)

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5.11.12      Reduced Dimensional Requirements

          The Board of Appeals by grant of a special permit pursuant to this
          Section 5.11 may allow lot coverage, lot frontage and access, density,
          setback and yard regulations and height regulations less than the
          minimums stated herein upon a finding by the Board of Appeals that such
          reduced requirements shall serve the purposes and objectives of the Route
          138 EOD as stated in Sections 5.11.1 and 5.11.5 herein.

5.11.13       Common Open Land

          Applicants are encouraged to include Common Open Land for use by the
          general public in each development site. The Common Open Land shall
          have a shape, dimension, character and location suitable to assure its use
          for park or open space purposes by the general public, and seventy-five
          percent (75%) of the land to be considered as Common Open Land shall
          be contiguous and no piece of land to be included as part of the
          calculation of Common Open Land shall consist of a piece less than 200
          square feet in size. The Common Open Land shall be developed by the
          applicant so as to provide for desirable recreational use of that Common
          Open Land by the general public, including but not limited to: walking
          trails, jogging paths, picnic areas, open fields, recreational fields, etc.
          Common Open Land shall expressly be maintained by the property owner
          or owners’ association.

5.11.14       Parking Requirements

          In the Route 138 EOD there shall be provided and maintained improved
          off-street automobile parking in connection with the erection,
          establishment or increase in units or dimensions of buildings, structures
          and uses, in the following amounts:

               A.    For dwelling units one parking space per each bedroom.

               B.    For restaurants and other on premises eating and drinking
                     establishments, not less than one (1) parking space for each
                     four (4) seats, subject to the discretion of the Zoning Board of
                     Appeals to require additional parking space where needed to
                     serve the purposes of the Route 138 EOD as stated in Section
                     5.11.1 herein. Where benches are used, not less than one (1)
                     parking space for each six (6) feet of bench, subject to the
                     discretion of the Zoning Board of Appeals to require
                     additional parking space where needed to serve the purposes
                     of the Route 138 EOD as stated in Section 5.11.1 herein.

               C.    For retail stores and offices including salesrooms and
                     showrooms, consumer service establishments, public
                     administration buildings, business and professional offices,

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     executive and administrative offices, banks and other financial
     institutions one parking space for each two hundred fifty (250)
     square feet of gross floor area. For the purpose of this section,
     "gross floor area" means the total floor area contained within
     exterior walls, but does not include basement space used for
     hearing and utilities, storage or for automobile parking

D.   Uses not listed in Section 5.11.14 Parking Requirements,
     Subsections (A) and (B) shall comply with the parking space
     requirements of the Zoning By-Law Section 4.0 Off-Street
     Parking.

E.   Below grade structured automobile parking shall be permitted
     and is encouraged within the basements of buildings.

     Below grade structured parking, when constructed and
     allocated to support the needs and requirements of residential
     use, may be designed to allow two cars to park in “tandem”. In
     such cases, each of the two “tandem” parking spaces shall be
     counted as providing a parking space for the purpose of
     meeting the off street parking requirement of this by-law.
     "Tandem" parking is defined as two parking spaces placed one
     behind another in single file.

F.   Parking Garages (structured parking) shall be permitted and
     are encouraged within the Route 138 EOD. Notwithstanding
     the provisions of Article IV, Section 4.07.5, within the Route
     138 EOD, above or below-grade structured parking shall be
     permitted without regard to the height or depth limits set forth
     in Article IV, Section 4.07.5, if the applicant demonstrates as
     part of the Site Plan Approval process (Article III, Section 3.0)
     that:

        F1. the applicant has available space on the Premises to
            comply with the otherwise applicable parking
            requirements of the By-law, and
        F2. that the use of above and/or below-grade structured
            parking would:
                  i. allow applicant to preserve additional open
                     space above that otherwise required by this
                     By-law;
                 ii. decrease runoff from impervious surfaces;
                     and
                iii. would be effectively screened by trees of a
                     minimum height of seven feet.

     Parking Garages (structured parking), when constructed and


                         217
     allocated to support the needs and requirements of residential
     use, may be designed to allow two cars to park in “tandem”. In
     such cases, each of the two “tandem” parking spaces shall be
     counted as providing a parking space for the purpose of
     meeting the off street parking requirement of this by-law.
     "Tandem" parking is defined as two parking spaces placed one
     behind another in single file. “Tandem” parking shall not be
     permitted for non-residential uses.

     The location(s) where conforming parking would otherwise be
     placed in the absence of such structured parking shall be
     shown on the Site Plan submitted for approval to the Zoning
     Board of Appeals. Such location(s) shall not be occupied by
     buildings in the future until the owner has demonstrated
     compliance with this section’s requirements with respect to
     the existing as well as any additional proposed buildings.
     Such structured parking shall not in any event exceed a height
     of thirty-six (36) feet as measured from average finished grade
     to the top of the uppermost deck (except for non-habitable
     structures, including walls and stairwells, as provided in
     Article IV, Section 4.42.2 or extend more than twenty-eight
     (28) feet below average finished grade level.

G.   In the case of mixed uses, the parking spaces required shall be
     the sum of the requirement for the various individual uses,
     computed separately in accordance with this section. Parking
     spaces for one use shall not be considered as providing the
     required parking spaces for any other use unless it can be
     clearly demonstrated to the Zoning Board that the need for
     parking occurs at different times.

H.   A change in the use of the premises or in the configuration of
     the building or lot subject to a special permit and site
     development and use plan issued pursuant to this Section 5.11
     shall require the special permit holder to apply to the Board of
     Appeals for a modification of the number of off street parking
     spaces required pursuant to such special permit and plan if
     such change, alone or in combination with previous changes,
     would require an increase or decrease of more than 10% in the
     number of off street parking spaces required pursuant to this
     Section 5.11.

I.   Off-street automobile parking spaces, to the extent required in
     this section, may be provided either on the same lot or
     premises with the parking generator or on any lot or premises
     associated therewith a substantial portion of which at least is
     within three hundred (300) feet of the generator.

                        218
               J.    Off-street parking facilities and connecting drives between
                     such facilities and the street shall be designed to insure the
                     safety and convenience of persons traveling within or through
                     the parking area, and between the parking facility and the
                     street. The provisions of Section 4.06 Design Standards shall
                     be considered the minimum criteria for evaluating such
                     design.

               K.    In addition to the requirement for automobile parking spaces
                     there shall also be provided for each building or group of
                     buildings sufficient off-street loading space to insure that all
                     loading operations take place off the public way. Loading
                     spaces and access drives leading to loading spaces shall be so
                     designed that vehicles to be loaded or unloaded are not
                     required to maneuver in the public way to enter or leave the
                     designed loading area. The provisions of Section 4.06.6
                     Loading Areas shall be considered the minimum criteria for
                     evaluating such design.

5.11.15       Signs and Advertising Devices

          The provisions of Section 4.1 Signs and Advertising Devices are adopted
          for the regulation and restriction of billboards, signs and other advertising
          devices within the Route 138 Economic Opportunity District. However,
          within the Route 138 EOD, notwithstanding the provisions of Section
          4.12.2.A2, the SPGA may permit an increase in the maximum size of a
          real estate sign advertising the premises for sale, rent, or lease, to 32
          square feet in area (per side for double sided signs). Additionally, the
          Board of Appeals is encouraged to consider providing relief to applicants
          under this Section 5.11.15 where said applicant is able to establish to the
          Board of Appeal’s satisfaction that the granting of such relief shall serve
          and support the purposes and objectives of the Route 138 EOD as stated
          in Sections 5.11.1 and 5.11.5 herein.

5.11.16       Certified Acoustical Barriers

          No activity or use shall be allowed which causes exterior noise levels to
          exceed a day-night average sound level of 65 decibels (65 L dn) at the lot
          line; no dwelling unit shall be located where exterior noise levels exceed
          a day-night average sound level of 65 decibels (65 L dn); and no dwelling
          unit shall be constructed which allows interior noise levels to exceed a
          day-night average sound level of 45 decibels (45 L dn). The day-night
          average sound level (L dn) is the 24-hour average sound level, in
          decibels; resulting from the accumulation of noise from all sources
          contributing to the external noise environment of the site with 10 decibels
          added to sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-
          night average sound level (L dn) shall be determined in accordance with


                                          219
          the Code of Federal Regulations Title 24-Housing and Urban
          Development, Part 51 Environmental Criteria and Standards (24 CFR
          51).

5.11.17       Site Landscaping and Streetscape Improvements

          The purpose of this Section 5.11.17 is to ensure that projects comply with
          the conditions of Section 3.08 of the By-Law as well as to encourage and
          ensure that projects provide Streetscape enhancements of the subject
          properties so as to contribute to the overall aesthetic objectives of a
          successful and vibrant Route 138 corridor as determined on a project by
          project basis by the SPGA. Such Streetscape enhancements may include
          but are not limited to: sidewalks, granite curbing, street trees, plantings,
          lighting, etc.

5.11.18       Affordable Units

          As a condition for the grant of a special permit pursuant to this Section
          5.11 authorizing an increase in the otherwise permissible density of
          population or intensity of a particular use in a proposed development
          pursuant to the requirements of this Section 5.11, at least fifteen percent
          (15%) of the dwelling units shall be deed restricted in perpetuity for
          occupancy by persons earning not more than eighty percent (80%) of the
          area median income as defined and regulated by the Commonwealth's
          Department of Housing and Community Development, of which twenty
          percent (20%) shall be for low income persons. The SPGA may waive
          this requirement for projects of four units or less. Such affordable
          housing units shall be integrated into the overall development so as to
          prevent the physical segregation of such units and otherwise shall be
          indistinguishable from market rate units except in size and interior
          finishing and appliances.

5.11.18A Affordable Units Alternative:         As an alternative to including
        affordable units pursuant to Section 5.11.18 immediately above, the
        applicant may include affordable units under Mass. Housing's Priority
        Development Fund where at least twenty percent (20%) of the units must
        be affordable to low income persons as defined and regulated by the
        Commonwealth's Department of Housing and Community Development
        and which development must incorporate Smart Growth principles
        including without limitation locating in town center, reuse of existing
        structures, locating around transportation sites, and preserving natural
        resources.

5.11.19       Preference

          As a condition of approval, the Zoning Board of Appeals shall require
          that, to the maximum extent allowable under applicable law, Canton


                                         220
          residents be given first preference in the purchase or renting of affordable
          units. The fees for all services will be negotiated between the Canton
          Housing Authority and the Developer as provided for in 5.11.18 and
          5.11.18A.

5.11.20       Canton Housing Authority

        For those dwelling units specified as affordable, the Zoning Board of
        Appeals shall require that, to the maximum extent allowable under
        applicable law, the Canton Housing Authority be given priority with
        regard to the selection process of residents.
Board of Selectmen for the Route 138 Study Committee

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 14 be indefinitely postponed.

                     FINANCE COMMITTEE VOTE:                6-0-0

PLANNING BOARD MOTION:

MOVED: That the Zoning By-Law be amended by adding the following new
Section 5.11:

5.11 Route 138 Economic Opportunity Overlay District By-law

There is hereby established a Route 138 Economic Opportunity Overlay
District (Route 138 EOD) Zoning By-Law.

The Route 138 EOD is shown on a map entitled “Route 138 Economic
Opportunity Overlay District”, which map is hereby incorporated by
reference in this Section 5.11.

5.11.1    Purposes

    This Section 5.11 shall apply only to those parcels located entirely within
    the boundary of the Route 138 EOD.

    The Route 138 EOD is established for the accomplishment of the
    following purposes:

              A. To promote the economic health and stability of the Town by
                 encouraging development and economic investment in the
                 Route 138 EOD that will generate employment and tax
                 revenue; and

              B. To designate, by a two-thirds town meeting vote, all parcels
                 incorporated into this Route 138 EOD (see map incorporated
                 by reference) as an economic opportunity area pursuant to
                 Chapter 23A of the General Laws; and

                                         221
             C. To provide additional planning flexibility for projects
                located in the Route 138 EOD, including enhancing the
                coordination of the project with the environmental and
                natural features of the development site; and

             D. To permit and encourage the development of parks and open
                spaces, which would be available for use by the general
                public, as a condition for the grant of a special permit
                pursuant to this Section 5.11 authorizing an increase in the
                otherwise permissible density of population or intensity of a
                particular use in a proposed development pursuant to the
                requirements of this Section 5.11; and

             E. To permit the use of new development standards which will
                promote the desired changes in the Route 138 EOD; and

             F. To provide information on the potential impacts of a
                proposed development; and

             G. To enable the Special Permit Granting Authority (SPGA) to
                require adherence to "Site Development and Use Plans" in
                the granting of a special permit.

5.11.2   Definitions

    For the special purposes of this Section 5.11, the following words and
    phrases shall have the meaning hereinafter indicated:

             A. Building Height: Building height shall be limited as set forth
                in this Section 5.11.11 and measured as set forth in the State
                Building Code 780 CMR 101.0 et seq.

             B. Buildable Lot Area: A buildable lot area shall be a single
                continuous tract of land located entirely within the Route
                138 EOD which is contiguous with the frontage, and which
                excludes any land defined as a "Resource Area" under the
                Massachusetts Wetlands Protection Act (MGL Chapter 131,
                Section 40) and any required yard area.

5.11.3   Scope of Authority

    The Route 138 EOD shall be an overlay district and shall not restrict the
    owner's rights relative to the underlying zoning districts. However, if the
    owner selects to use the Route 138 EOD for development purposes, the
    development shall conform to the requirements of this Section 5.11 and
    shall require the issuance of a Special Permit from the Special Permit
    Granting Authority (SPGA).



                                     222
5.11.4   Special Permit Granting Authority
    The Board of Appeals is hereby designated as the Special Permit
    Granting Authority (SPGA) for all purposes under this Section 5.11. All
    Special Permit applications pursuant to this Section 5.11 shall conform to
    the standards and criteria of this Section 5.11 and the Zoning Board of
    Appeals Rules and Regulations governing the administration of
    applications for special permits.
    Under this Section 5.11, no building shall be constructed or externally
    enlarged, and no use shall be expanded in ground area, or established in
    an existing building except in conformity with a Special Permit issued by
    the Board of Appeals and a Site Development and Use Plan that bears the
    endorsement of approval by the Board of Appeals. Requirements and
    Procedures for approval of such Site Development and Use Plan shall be
    in accordance with Article III. Section 3.0 Site Plan Approvals and this
    Section 5.11.
    Construction or operations under a building permit or a Special Permit
    shall conform to any subsequent amendment of the Zoning By-Law,
    unless the use or construction is commenced within a period of not more
    than six months after the issuance of the permit and such construction is
    continued through to completion as continuously and expeditiously as is
    reasonable.
5.11.5   Objectives
    In addition to the specific criteria contained within this section, the SPGA
    shall issue a Special Permit for development within the Route 138 EOD
    only after consideration of the project's compliance with the following
    additional criteria:
            A. Adequacy of the site in terms of the size of the proposed
               use(s);
            B. Adequacy of the provision of open space, its accessibility to
               the general public, and/or its association with adjacent or
               proximate open space areas;
            C. Suitability of the site for the proposed use(s);
            D. Impact on traffic and pedestrian flow and safety;

            E. Impact on the visual character of the neighborhood;

            F. Adequacy of utilities, including sewage disposal, water
               supply and storm water drainage; and

            G. Degree to which the proposed project complies with the
               goals and purposes of this Section 5.11.

                                     223
5.11.6   Sub-Districts
             The Sub-Districts of the Route 138 EOD shall be segmented
             along the length of Route 138 as follows:
              A.    Route 138 EOD Sub-District Area “A”: That area of the
                    Route 138 EOD that runs from the Milton town line to
                    the Interstate 93/95 overpass (Yankee Division Highway).
              B.    Route 138 EOD Sub-District Area “B”: That area of the
                    Route 138 EOD that runs from the southern side of the
                    Turnpike Street/Randolph Street intersection to the
                    northern side of the Turnpike Street/Tracywood Road
                    intersection.
             The Sub-District Areas are shown on a map entitled “Route 138
             Economic Opportunity District (Sub-Districts A-B)”, which map
             is hereby incorporated by reference in this Section 5.11.
5.11.7   Uses Permitted
              A.    Within the Route 138 EOD Sub-District Area “A”, the
                    Board of Appeals may issue a special permit authorizing
                    the following uses:
              A1. Restaurants, and other on-premises eating and drinking
                  establishments, including related on and off site catering
                  services and on site function facilities, as well as related
                  electronic/digital and/or live entertainment.
              A2. Scientific or research laboratory.
              A3. Pharmaceutical    or    other        medical   research   or
                  manufacturing facility.

              A4. All uses allowed by right or by special permit in the
                  underlying zoning district.

                     No building or structure shall be designed, arranged or
                     constructed and no building, structure or land shall be
                     used, in whole or in part, for any purpose other than for
                     one or more of the uses herein set forth as permissible by
                     special permit.

              B.    Within the Route 138 EOD Sub-District Area “B”, the
                    Board of Appeals may issue a special permit authorizing
                    the following uses:

              B1. Retail stores, shopping centers/plazas, offices including
                  salesrooms     and    showrooms,     consumer      service


                                     224
                 establishments, business and professional offices, executive
                 and administrative offices, banks and other financial
                 institutions.

             B2. Restaurants, fast food establishments, and other on-
                 premises eating and drinking establishments, including
                 drive-through and take-out facilities, including related on
                 and off site catering services and on site function facilities,
                 as well as related electronic/digital and/or live
                 entertainment.

             B3. Any of the uses permitted as of right in any Business
                 District listed in Section 2.14.1E-2.14.1P

             B4. Health, health spa, exercise, or sporting event club or
                 venue.

             B5. Family      oriented      indoor     entertainment/amusement
                 activities.

             B6. Scientific or research laboratory.

             B7. Pharmaceutical    or    other        medical   research     or
                 manufacturing facility.

             B8. All uses allowed by right or by special permit in the
                 underlying zoning district.

                    No building or structure shall be designed, arranged or
                    constructed and no building, structure or land shall be
                    used, in whole or in part, for any purpose other than for
                    one or more of the uses herein set forth as permissible by
                    special permit.

5.11.8   Standards and Criteria

            A.    Minimum Lot Size and “Buildable Lot Area”

                    A1. The minimum lot size is 10,000 square feet of
                        "buildable lot area." The lot must contain the
                        "buildable lot area" in a single, contiguous site
                        within the boundaries of the Route 138 EOD. The
                        Board of Appeals by grant of a special permit
                        pursuant to this Section 5.11 may allow a lot size of
                        less than 10,000 square feet of buildable lot area
                        upon a finding by the Board of Appeals that such
                        reduced lot size shall serve the purposes and
                        objectives of the Route 138 EOD as stated in


                                     225
                           Sections 5.11.1 and 5.11.5 herein.

                       A2. No portion of a way or street, as defined by the by-
                           law may be included in computing the minimum
                           required "buildable lot area".

              B.     Lot Coverage.

                     No building shall be constructed so as to cover, together
                     with any other building on the lot, more than fifty (50)
                     percent of the "buildable lot area".

              C.     Minimum Lot Frontage and Access

                       C1. Lots shall have a minimum frontage of one hundred
                           twenty (120) feet and at least one means of
                           ingress/egress. Each means of ingress/egress shall
                           have a continuous frontage of not less than sixty
                           feet.

                       C2. All parcels for which a Special Permit under the
                           Route 138 EOD is sought must have primary access
                           via route 138 or via a route that has primary access
                           via route 138 in order to be considered for a special
                           permit.

5.11.9    Density

          No building or structure shall be designed, arranged or constructed
          and no building, structure or land shall be used, in whole or in part,
          which exceeds the densities specified below for non-residential uses.

              A.    Four thousand (4,000) gross square feet of non-residential
                    floor area per 10,000 S.F. of "buildable lot area" or portion
                    thereof.

          For the purpose of this section, "gross square feet of non-residential
          floor area" means the total non-residential floor area contained
          within exterior walls but does not include basement space used for
          heating and utilities, storage or for automobile parking.

5.11.10    Setbacks and Yard Regulations for Buildings

          No building shall be constructed so as to be nearer to the line of any
          street than the “required setback distance” or nearer to the sidelines
          of its lot than the “required side yard width” or nearer to the rear
          line of its lot than the “required rear yard depth” specified below:

              A. Setback and Yard minimum requirements:

                                       226
                        A1. Required Setback Distance - 45 feet
                        A2. Required Side Yard Width – 25 feet (45 feet if side
                            yard abuts a building used primarily for single
                            family residential purposes)
                        A3. Required Rear Yard Depth - 25 feet (45 feet if
                            rear yard abuts a building used primarily for
                            single family residential purposes)

              B. The required setback distance shall be measured from the
                 nearest exterior line of the street in question.

              C. No storage or display of goods, products, materials or
                 equipment, vending machines or similar commercial devices
                 shall be located nearer to the line of any street than the
                 permitted setback distance for a building on the lot.

              D. No lot on which a building is located shall be reduced or
                 changed in size or shape so that the building or lot fails to
                 comply with the "buildable lot area", frontage, building
                 coverage, yard setback, or other dimensional provisions of
                 this Section.

5.11.11    Height Regulations

          No building shall be constructed to exceed:
              A.    In Sub-District “A” sixty (60) feet in height or a total of
                    five (5) stories (for commercial use), whichever is lower.
              B.    In Sub-District “B” sixty (60) feet in height or a total of
                    five (5) stories (for commercial use), whichever is lower,
                    (48 feet or 4 stories if abuts a building used primarily for
                    single family residential purposes)

5.11.12    Reduced Dimensional Requirements

          The Board of Appeals by grant of a special permit pursuant to this
          Section 5.11 may allow lot coverage, lot frontage and access, density,
          setback and yard regulations and height regulations less than the
          minimums stated herein upon a finding by the Board of Appeals that
          such reduced requirements shall serve the purposes and objectives of
          the Route 138 EOD as stated in Sections 5.11.1 and 5.11.5 herein.

5.11.13    Common Open Land

          Applicants are encouraged to include Common Open Land for use
          by the general public in each development site. The Common Open
          Land shall have a shape, dimension, character and location suitable
          to assure its use for park or open space purposes by the general
          public, and seventy-five percent (75%) of the land to be considered as

                                       227
          Common Open Land shall be contiguous and no piece of land to be
          included as part of the calculation of Common Open Land shall
          consist of a piece less than 200 square feet in size. The Common
          Open Land shall be developed by the applicant so as to provide for
          desirable recreational use of that Common Open Land by the general
          public, including but not limited to: walking trails, jogging paths,
          picnic areas, open fields, recreational fields, etc. Common Open
          Land shall expressly be maintained by the property owner or
          owners’ association.

5.11.14    Parking Requirements

          In the Route 138 EOD there shall be provided and maintained
          improved off-street automobile parking in connection with the
          erection, establishment or increase in units or dimensions of
          buildings, structures and uses, in the following amounts:

               A.   For restaurants and other on premises eating and drinking
                    establishments, not less than one (1) parking space for
                    each four (4) seats, subject to the discretion of the Zoning
                    Board of Appeals to require additional parking space
                    where needed to serve the purposes of the Route 138 EOD
                    as stated in Section 5.11.1 herein. Where benches are used,
                    not less than one (1) parking space for each six (6) feet of
                    bench, subject to the discretion of the Zoning Board of
                    Appeals to require additional parking space where needed
                    to serve the purposes of the Route 138 EOD as stated in
                    Section 5.11.1 herein.

               B.   For retail stores and offices including salesrooms and
                    showrooms, consumer service establishments, public
                    administration buildings, business and professional offices,
                    executive and administrative offices, banks and other
                    financial institutions one parking space for each two
                    hundred fifty (250) square feet of gross floor area. For the
                    purpose of this section, "gross floor area" means the total
                    floor area contained within exterior walls, but does not
                    include basement space used for heating and utilities,
                    storage or for automobile parking
               C.   Uses not listed in Section 5.11.14 Parking Requirements,
                    Subsections (A) and (B) shall comply with the parking
                    space requirements of the Zoning By-Law Section 4.0 Off--
                    Street Parking.
               D.   Below grade structured automobile parking shall be
                    permitted and is encouraged within the basements of
                    buildings.

                                      228
E.   Parking Garages (structured parking) shall be permitted
     and are encouraged within the Route 138 EOD.
     Notwithstanding the provisions of Article IV, Section
     4.07.5, within the Route 138 EOD, above or below-grade
     structured parking shall be permitted without regard to
     the height or depth limits set forth in Article IV, Section
     4.07.5, if the applicant demonstrates as part of the Site
     Plan Approval process (Article III, Section 3.0) that:

        F1. the applicant has available space on the Premises to
            comply with the otherwise applicable parking
            requirements of the By-law, and
        F2. that the use of above and/or below-grade
            structured parking would:
                  i. allow applicant to preserve additional
                     open space above that otherwise required
                     by this By-law;
                 ii. decrease runoff from impervious surfaces;
                     and
                iii. would be effectively screened by trees of a
                     minimum height of seven feet.

      “Tandem” parking shall not be permitted for non-
     residential uses.

     The location(s) where conforming parking would
     otherwise be placed in the absence of such structured
     parking shall be shown on the Site Plan submitted for
     approval to the Zoning Board of Appeals. Such location(s)
     shall not be occupied by buildings in the future until the
     owner has demonstrated compliance with this section’s
     requirements with respect to the existing as well as any
     additional proposed buildings. Such structured parking
     shall not in any event exceed a height of thirty-six (36) feet
     as measured from average finished grade to the top of the
     uppermost deck (except for non-habitable structures,
     including walls and stairwells, as provided in Article IV,
     Section 4.42.2 or extend more than twenty-eight (28) feet
     below average finished grade level.

F.   In the case of more than one use, the parking spaces
     required shall be the sum of the requirement for the
     various individual uses, computed separately in
     accordance with this section. Parking spaces for one use
     shall not be considered as providing the required parking
     spaces for any other use unless it can be clearly


                        229
                    demonstrated to the Zoning Board that the need for
                    parking occurs at different times.

               G.   A change in the use of the premises or in the configuration
                    of the building or lot subject to a special permit and site
                    development and use plan issued pursuant to this Section
                    5.11 shall require the special permit holder to apply to the
                    Board of Appeals for a modification of the number of off
                    street parking spaces required pursuant to such special
                    permit and plan if such change, alone or in combination
                    with previous changes, would require an increase or
                    decrease of more than 10% in the number of off street
                    parking spaces required pursuant to this Section 5.11.

               H.   Off-street automobile parking spaces, to the extent
                    required in this section, may be provided either on the
                    same lot or premises with the parking generator or on any
                    lot or premises associated therewith a substantial portion
                    of which at least is within three hundred (300) feet of the
                    generator.

               I.   Off-street parking facilities and connecting drives between
                    such facilities and the street shall be designed to insure the
                    safety and convenience of persons traveling within or
                    through the parking area, and between the parking facility
                    and the street. The provisions of Section 4.06 Design
                    Standards shall be considered the minimum criteria for
                    evaluating such design.

               J.   In addition to the requirement for automobile parking
                    spaces there shall also be provided for each building or
                    group of buildings sufficient off-street loading space to
                    insure that all loading operations take place off the public
                    way. Loading spaces and access drives leading to loading
                    spaces shall be so designed that vehicles to be loaded or
                    unloaded are not required to maneuver in the public way
                    to enter or leave the designed loading area. The provisions
                    of Section 4.06.6 Loading Areas shall be considered the
                    minimum criteria for evaluating such design.

5.11.15    Signs and Advertising Devices
          The provisions of Section 4.1 Signs and Advertising Devices are
          adopted for the regulation and restriction of billboards, signs and
          other advertising devices within the Route 138 Economic
          Opportunity District.    However, within the Route 138 EOD,
          notwithstanding the provisions of Section 4.12.2.A2, the SPGA may
          permit an increase in the maximum size of a real estate sign


                                       230
          advertising the premises for sale, rent, or lease, to 32 square feet in
          area (per side for double sided signs). Additionally, the Board of
          Appeals is encouraged to consider providing relief to applicants
          under this Section 5.11.15 where said applicant is able to establish to
          the Board of Appeal’s satisfaction that the granting of such relief
          shall serve and support the purposes and objectives of the Route 138
          EOD as stated in Sections 5.11.1 and 5.11.5 herein.

5.11.16    Certified Acoustical Barriers

          No activity or use shall be allowed which causes exterior noise levels
          to exceed a day-night average sound level of 65 decibels (65 L dn) at
          the lot line; no unit shall be located where exterior noise levels exceed
          a day-night average sound level of 65 decibels (65 L dn); and no unit
          shall be constructed which allows interior noise levels to exceed a
          day-night average sound level of 45 decibels (45 L dn). The day-night
          average sound level (L dn) is the 24-hour average sound level, in
          decibels; resulting from the accumulation of noise from all sources
          contributing to the external noise environment of the site with 10
          decibels added to sound levels occurring from 10:00 a.m. to 7:00 p.m.
          The day-night average sound level (L dn) shall be determined in
          accordance with the Code of Federal Regulations Title 24-Housing
          and Urban Development, Part 51 Environmental Criteria and
          Standards (24 CFR 51).

5.11.17    Site Landscaping and Streetscape Improvements

          The purpose of this Section 5.11.17 is to ensure that projects comply
          with the conditions of Section 3.08 of the By-Law as well as to
          encourage and ensure that projects provide Streetscape
          enhancements of the subject properties so as to contribute to the
          overall aesthetic objectives of a successful and vibrant Route 138
          corridor as determined on a project by project basis by the SPGA.
          Such Streetscape enhancements may include but are not limited to:
          sidewalks, granite curbing, street trees, plantings, lighting, etc.

                      PLANNING BOARD VOTE:              4-0-0

Finance Committee Chairperson Dave Emhardt moved that the subject matter of
Article 14 be postponed indefinitely.

Mr. Emhardt stated that at the time the Finance Committee voted on this Article
there were a number of issues and concerns that had not been adequately
addressed in the By-Law. Specifically, The Finance Committee was concerned
that the size and density of the mixed-use overlay would exacerbate the Town's
problems with the diminishing capacity of our elementary schools. Finance
Committee members were concerned with the impact that proposed overlay


                                        231
district would have on the fire and police department budgets. Members were also
concerned with the impact from increased traffic. As a result, the Finance
Committee voted unanimously to postpone indefinitely Article 14.

Jeremy Comeau, Planning Board Chairperson, made a substitute motion that
Article 14 be adopted as printed.

Mr. Comeau stated that the Planning Board voted 4-0 to send a favorable
recommendation on this article. This by-law change would establish a Route 138
Economic Opportunity Overlay District (“Route 138 EOD”). The proposed Route
138 EOD is identified in Article 15, which proposes to amend the zoning map by
placing certain parcels of land along Route 138 into the EOD, and the EOD is also
shown on a map contained in Article 15.

The purpose of the 138 EOD is to encourage development and economic
investment in the Route 138 EOD that will generate employment and tax revenue,
while encouraging the development of parks and opens spaces for use by the
general public.

The 138 EOD is to be segmented along Route 138 into two (2) Sub-Districts,
which are shown as Sub-District Area “A” and Sub-District “B” on the map
incorporated into Article 15.

The Route 138 EOD shall be an overlay district and shall not restrict an owner’s
underlying rights relative to the underlying zoning of a parcel; however, if an
owner elects to apply to use the Route 138 EOD for development purposes, it shall
require the issuance of a special permit from the Special Permit Granting
Authority.

The Planning Board voted to recommend this article in large part because during
the public hearings a proposed residential use component to the article was
removed so that the 138 EOD will not permit mixed–use development, such as
multi-family residential units.

Gerald Salvatori, Route 138 Study Committee Chairperson, stated that we as a
community have been very reactive in our zoning for the past decade or more.
Economics and market conditions have necessitated change and we have waited
for developers to come forward to propose their site specific solutions. As much
as this has often been a true benefit to the Town it has also been isolated to these
projects. Now more than ever it is time for us to be proactive. Now is the time for
us as a community to self-evaluate where we are and where we want to be. We
must reinvent ourselves to insure that we are not left behind with antiquated uses,
vacant buildings, neglected sites and properties filing for and receiving tax
abatements which reduce our commercial real estate tax revenue.

For two years the committee has held public meetings and invited the public to
attend and actively participate in our research, discussions and deliberation. We
devised a by-law that we feel is an appropriate first step towards addressing what

                                        232
is perhaps the most neglected portion of our community from an economic and
zoning and planning standpoint. Through that process it reinforced that the typical
traditional manufacturing and industrial uses are leaving not just Canton but the
northeast, in general, at an alarming rate. The dozens of vacancies of tens of
thousand of square feet of space in the Route 138 corridor speaks volumes to this
fact. Our two year public process has shown us that the manufacturing and
industrial uses of tomorrow are based in medicine, technology and the
combination of the two in the life sciences industries. Additionally, the types of
commercial users of which we would love to attract more are the national and
international corporate world class headquarters. It seems clear that these types of
higher end users are looking for specific types of properties. They seem to desire
campus like environments. As such our committee has devised this proposed by-
law to send a clear message to not just a business community in Massachusetts or
in New England but in a broader global business world. We are proposing uses
and site characteristics that we feel would be desirable to our target market and
attractive to the residents of our community.

After the committees submission of our article in January we continued the public
hearing process. Through our own continuing efforts and in direct response to the
constructive feedback we received from the public hearing process we amended
our article to reflect this latest input to insure we had been as responsive as
possible to all suggestions, concerns and ideas which have been brought to our
attention. As such our revised article reflecting these amendments is printed in the
warrant as moved by the Planning Board Chairman. In it you will see that we
removed the residential components, reduced the maximum height that was
permitable, clarified and revised .descriptions of some of the secondary and
supportive uses and further emphasized the core objectives of the article to attract
high end life science businesses and world class corporate headquarters. The uses
speak for themselves. We directly state the desire for life sciences and corporate
headquarters. Additional we provide for the supportive type secondary services
that economically successful commercial centers require to services those
businesses, their employees, customers, guests and the area residents. We
provided for the potential of a height of no more than five stories. Currently in
industrial and limited industrial zones four stories is permissible. To encourage
the campus environment, to encourage less lot coverage and to provide an
incentive for open space and the potential for public use of that open space we felt
making a single additional story of height available was a reasonable enticement.
This would not necessarily affect the density of the site; it would merely
reconfigure the density to be less of a footprint with more open space. With
respect to the residential concerns of the area we did not permit this additional
story on any site adjacent to property being used for single family residential
purposes. To further protect the residences this overly increases the side and rear
setbacks from single family residential properties. It is also important to
remember that this is an overlay. It would only be available via a special permit
issued by the Zoning Board of Appeals which in itself requires compliance with
the conditions of the by-law, a public hearing process and, if granted, an appeal


                                        233
period. It does not have any limiting effect on the underlying zoning of those
properties in the area in which Article 15 seeks to apply the overlay.

We feel the Route 138 Economic Opportunity Overlay District in conjunction with
other ongoing efforts of the Board of Selectmen, the Economic Development
Committee, the Canton Association of Industries and the rest of the community
and in conjunction with the state will further enhance Canton’s position as a
desirable community in which to expand or to locate a business in one of our core
commercial corridors and this is a way that respects and provides for the
protections for our residents.

In closing it is import to remember that this is a proposed by-law and as amended
received unanimous support of the Economic Development Committee,
unanimous support of the Planning Board and a majority support, four to one, of
the Board of Selectmen.

Several citizens spoke against the article citing such concerns as, the size
(approximately 1,200 acres) and density of the mixed-use overlay would
exacerbate the Town’s problems with the diminishing capacity of our elementary
schools and also the impact this district would have on the fire and police
departments, the impact from increased traffic, and the lack of public
transportation to Route 138.

The citizens speaking in favor of the article felt that this was a wise step given the
current economic climate and would provide increased tax revenue.

Article 14 substitute motion.

DEFEATED SHOW OF HANDS, NOT MORE THAN TWO-THIRDS

Moderator declares Article 14 is postponed indefinitely.

                                     ARTICLE 15

AMEND ZONING MAP BY PLACING CERTAIN PARCELS ALONG ROUTE
138 INTO THE ROUTE 138 ECONOMIC OPPORTUNITY OVERLAY
DISTRICT (EOD)
Article 15 To see if the Town will vote to amend the Town’s zoning map, as
most recently amended, by placing parcels of land along Route 138 into the Route
138 Economic Opportunity Overlay District (Route 138 EOD) established by vote
under Article 14 of this Town Meeting warrant or take any other action in relation
thereto. Said parcels of land are described in the Board of Assessors Maps as




                                         234
Subdistrict A:
                 MAP   LOT         MAP    LOT
                  51    9           69     21
                  51    14          69     22
                  52    2           69     23
                  68    2           69     24
                  68    3           69     25
                  68    6           69     26
                  68    7           69     27
                  69    1           69     29
                  69    2           70     14
                  69    5           70     16
                  69    6           70     17
                  69    7           70     27
                  69    18          70     33
                  69    19          84      2
                  69    20          85      1


Subdistrict B:
                 MAP   LOT          MAP    LOT
                  59   133           79    154
                  59   148           80     32
                  59   149           80     33
                  59   151           80     34
                  59   153           80     35
                  60   128           80     36
                  74     3           80     37
                  74     4           80     39
                  74     5           80    101
                  74    14           80    102
                  74    16           80    103
                  74    17           80    104
                  75     2           80    105
                  75     3           80    106
                  75     4           80    107
                  75     6           80    108
                  75     7           80    109
                  75     8           80    173
                  75     9           88      6
                  75    11           88      7
                  75    12           88      8

                             235
MAP   LOT         MAP   LOT
 76     1          88     9
 76     2          88    10
 76     3          88    11
 76     4          88    26
 76     5          88    27
 76     6          88    28
 76     7          88    29
 76     8          88    37
 76     9          89     1
 76    10          89     2
 76    11          89     3
 76    12          89     5
 76    13          89     6
 76    14          89     7
 76    15          89     8
 76    16          89     9
 77     2          89    10
 77     3          89    11
 77     4          89    12
 77     5          89    13
 77     7          89    14
 77     8          89    15
 77     9          89    16
 77    12          89    17
 77    13          89    18
 77    14          89    19
 77    16          89    20
 78     1          89    21
 78     2          89    22
 78     3          89    23
 78     4          89    24
 78     5          89    25
 78     6          89    26
 78     7          89    27
 78     8          89    28
 78     9          89    29
 78    10          89    30
 78    11          90     1
 78    12          90     2
 78    13          90     3
 78    14          90     4

            236
                  MAP          LOT               MAP          LOT
                   78           15                90            5
                   78           17                90            6
                   78           18                90            7
                   78           19                90            8
                   79            1                90            9
                   79           80                90           10
                   79           81                90           11
                   79           82                90           12
                   79           91                90           13
                   79           92                90           15
                   79           93                90           16
                   79          101                90           17
                   79          102                91            1
                   79          129                91            2
                   79          130                91            3
                   79          131                91           16
                   79          132                91           17
                   79          133                91           18
                   79          134                91           19
                   79          136                91           23
                   79          137                92            1
                   79          138                92            4
                   79          140                92            5
                   79          141                92           33
                   79          142               100            8
                   79          143               100            9
                   79          146               100          153
                   79          147               101            5
                   79          148               101           80

Said parcels are shown on a map, copies of which have been placed on file and are
available for public review at the office of the Planning Board; at the office of the
Town Clerk; at the office of the Board of Selectmen; at the research desk of the
Canton Public Library; and on the town website.
 Board of Selectmen for the Route 138 Study Committee

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 15 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  6-0-0




                                        237
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended by placing parcels of land along
Route 138 into the Route 138 Economic Opportunity Overlay District
established by a vote of this Town Meeting. Said parcels of land are
described in the map entitled “Route 138 Economic Opportunity District” as
follows:

Sub-District Area A:
Map 51, Lots 10, 14; Map 52, Lot 2; Map 68, lots 2,3,6,7; Map 69,
Lots1,2,5,6,7,18,19,20,21,22,23,24,26,29; Map 70, lots 14,16,17,27,33; Map 84,
lot 2; Map 85, lot 1.

Sub-District Area B:
Map 59, lot 148,149,151,153; Map 60, lot 128; Map 74, lots 3,4,5,14,16,,17;
Map 75, lots 2,3,4,6,7,8,9,11,12; Map 76, lots 1-16; Map 77, lots
2,3,4,5,8,9,12,13,14,16; Map 78, lots 1-15, 17,18,19; Map 79, lots 1, 80, 81,82,
91,92,93, l01,102,129, 130,131,132,133, 134, 136, 137, 138, 140, 141, 142, 143,
146, 147, 148, 154; Map 80, lots 32-37; 39, 101-109;173; Map 88, lots
6,8,9,10,11, 26-29; 37; Map 89, lots 1,2,3,5-16;19-30; Map 90, lots 1-13; 15-17;
Map 91, lots 1,2,3, 16,17,18,19,23; Map 92, lots 1,4,5,33; Map 100, lots 8,9,153;
Map 101, lots 5,80.

                    PLANNING BOARD VOTE:              4-0-0

Finance Committee Chairperson Dave Emhardt moved that the subject matter of
Article 15 be postponed indefinitely.

Jeremy Comeau, Planning Board Chairperson, speaking on behalf of the Planning
Board, concurred with the Finance Committee’s recommendation due to the defeat
of Article 14.

VOTED: POSTPONED INDEFINITELY MAJORITY VOICE VOTE

                                  ARTICLE 19

AMEND ZONING BY-LAW - VILLAGE HOUSING OVERLAY DISTRICT
(SEC. 5.8)
Article 19 To see if the Town will vote to amend the Zoning By-Law of the
Town, as most recently amended, as follows:

          Amend Section 5.8 (“Village Housing Overlay District”) as follows:

1.      In Section 5.81B, insert the words “and Supportive Housing” after the
        words “including affordable housing”.

2.      In Section 5.84, insert the following after the “Development Schedule”
        definition:


                                      238
       “Frontage: The number of continuous linear feet of the property line of a
       lot which abuts a street or other point of property access including a
       private way laid out for or used as a public way for vehicular traffic. “

3.     In Section 5.84, insert the following after the “Subdivision Regulations”
       definition:

       “Supportive Housing: An independent living environment that is
       residential and non-institutional in nature and which provides persons
       fifty-five (55) years of age and over with residential dwelling
       accommodations and which may include hospitality, convenience, and
       non-medical supportive services, including but not limited to meals,
       housekeeping, and transportation, needed to maintain such persons
       outside of an institutional setting, thereby allowing aging in place.

4.     In Section 5.85B, insert the words “in developments other than
       Supportive Housing developments” after the words “Apartment Style
       Structures” in the second sentence.

5.     In Section 5.86G, insert the words “or tenant” after the words
       “Information pertaining to any condominium”.

6.A.   Revise Section 5.87A to read as follows:

       “Qualifying Land Area. Qualifying Land Areas (i) may be in one or
       more ownerships, with definitive boundaries, but if in more than one
       ownership, the Applicant shall have access and passage rights over the
       Qualifying Land Areas not owned by it (ii) shall be located entirely
       within a VHOD, and (iii) shall contain at least 8 contiguous acres of land,
       including wetland

6.B.   Revise Section 5.87B as follows: change “5,000” square feet to read
       “2,500” square feet.

7.      Section 5.87E:

       A.       Delete the word “Lot” in the section title.

       B.       Revise the first paragraph to read as follows:

                “Except as herein specified, VHODD sites shall have a
                minimum frontage of one hundred and twenty (120) feet and at
                least one means of ingress/egress provided by a primary public
                roadway or a private way laid out for or used as a public way for
                vehicular traffic (provided that the Applicant has or will have
                rights of access to and passage over said private way) and
                having, in the opinion of the Planning Board, adequate width,
                grades and construction for the vehicular traffic and the


                                      239
     installation of Municipal services to serve the land abutting on
     each such way and the buildings erected or to be erected thereon.
     The Planning Board has the discretion to reduce the minimum
     lot frontage requirement by up to 50% provided the Applicant
     has demonstrated that there exists safe and convenient vehicular
     access from the VHODD site frontage to such primary public
     roadway or private way. Each means of ingress/egress shall have
     a continuous frontage of sixty feet on a primary roadway or on a
     private way laid out for or used as a public way for vehicular
     traffic (provided that the Applicant has or will have rights of
     access to and passage over said private way).”

C.   Insert the following sentence at the end of the second paragraph:
     “The foregoing shall not apply to Supportive Housing sites.”

D.   In the third paragraph:

     1. Delete the word “The” at the beginning of the sentence.

     2.       Insert the words “If the means of ingress/egress to the
              site is provided by a” before the words “primary public
              roadway(s).

     3.       Delete the words “serving the site” after the words
              “primary public roadway(s)”.

     4.       Insert the words “such roadway” before the words
              “shall be subject to the Rule and Regulations”.

E.   Revise the fourth paragraph to read as follows:

     “Secondary private roadway(s) which are newly created to serve
     the site, if any, shall be sized to adequately serve the intended
     vehicular and pedestrian traffic. Such secondary private
     roadway(s) shall strive to conform to the Rules and Regulations
     of the Canton Planning Board governing the Subdivision of
     Land, the Canton Department of Public Works regulations
     regarding water, sewer and storm drainage systems, and any
     other applicable regulation and/or standards of the Town.
     Existing secondary private roadway(s) serving the site, if any,
     shall have, in the opinion of the Planning Board, adequate width,
     grades and construction for the vehicular traffic and the
     installation of Municipal services to serve the land abutting on
     each such way and the buildings erected or to be erected
     thereon.”

F.   In the fifth paragraph:


                           240
                 1.       Delete the word “The” at the beginning of the sentence.

                 2.       Insert the words “which are newly created to serve the
                          site, if any,” after the words “Secondary private
                          roadway(s)” at the beginning of the sentence.

                 3.       Insert the words “, if any,” after the words “Paths” in
                          the second sentence.

8.      Section 5.87F:

        A.       Revise the first sentence to read as follows: “There shall be a
                 minimum of two (2) parking spaces per dwelling unit for all
                 developments with the exception of Supportive Housing
                 developments which shall provide a minimum of one (1) parking
                 space per dwelling unit.”

        B.       Insert the following after the last sentence of the surface parking
                 paragraph:      “Notwithstanding the foregoing, one hundred
                 percent (100%) of all Supportive Housing parking spaces may
                 be surface parking.”

        C.       Insert the words “guests, invitees,” after the words “motor
                 vehicles of residents,” in the last sentence.
                 or to take any other action in relation thereto.

           Copies of these amendments have been placed on file and are available
for public review at the office of the Planning Board; at the office of the Town
Clerk; at the office of the Board of Selectmen; at the research desk of the Canton
Public Library; and on the town website.
Petition by for Paul Schneiders and fourteen others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 19 be indefinitely postponed.

                  FINANCE COMMITTEE VOTE:                 7-0-0

PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 19 be indefinitely postponed.

                      PLANNING BOARD VOTE:              5-0-0

Finance Committee Chairperson Dave Emhardt moved that the subject matter of
Article 19 be postponed indefinitely.

The Finance Committee was informed that this Article was being withdrawn and
voted unanimously to postpone indefinitely Article 19.



                                       241
Jeremy Comeau, Planning Board Chairperson, stated that the Planning Board
concurs with the Finance Committee.

Attorney Paul Schneiders, the article’s sponsor, requested that Article 19 be
withdrawn without consideration, without prejudice and without unfavorable
action pursuant to M.G.L. 40A, Section 5.

Mr. Schneiders explained that Canton Development Property owns the forty acres
that is Plymouth Rubber. An attempt to rezone the property at last years Town
Meeting was defeated. Last December they teamed up with a new company that
specializes in over age fifty-five housing. They wanted to do something on eight
acres there. The article was submitted before the zoning article deadline for this
Town Meeting. After that they were informed by the Conservation Commission
that because there are two rivers that run through the property and because of the
setback requirement they simply could not build the type of over fifty-five housing
they wished.

The reason for the request that the article be withdrawn without consideration,
without prejudice and without unfavorable action is that next year if another over
fifty-five developer comes in for the same site but feels that he can build it there
despite the conservation issues you will have a chance to vote on that, however, if
you vote on the article without that language you would have to wait two years.

Mr. Comeau stated that the Planning Board was not made aware of this particular
motion before Town Meeting. The issue at hand is that if a motion is postponed
indefinitely as in previous town meetings it, more likely than not, will be able to
come back to Town Meeting next year. If you vote down an article then you
would need a four fifths vote of the Planning Board to bring it back. This is to
prevent frivolous articles from being brought back year after year if the Town
votes it down at Town Meeting. The motion that was sponsored by the Finance
Committee and the Planning Board is to postpone indefinitely. If we get into the
habit of having motions like this it negates the use of the Town to vote for their
Planning Board members and to have a four-fifths vote to bring articles back at
Town Meeting.

Mr. Schneiders stated that he does not disagree with what Mr. Comeau said. The
reason the statute says do not bring it back for two years is to avoid exactly what
he said, taking up the time of this body to discuss the same issue over and over
again but I gave an explanation why I believe this one is different. This one is
different that I think that many people here may want to vote on an over fifty-five
proposal at that particular site but because of a particular company’s inability to
posit their particular structure on that particular piece of land. We can’t go
forward but we could come in with a different company next year and then be told
that you can’t go forward because you have to wait for twenty-four months. I
think in general the twenty-four month wait is a good idea but I don’t think it is
frivolous. I think this is something you may want to vote on next year. If you are
one hundred percent sure that you never want to vote on a fifty-five community at

                                        242
that site then I guess vote the other motion but if you think you might want to
reconsider this with a different developer next year then I think you should vote
this one.
David Merrigan and Alan Karon each voiced support for Mr. Schneiders motion.

Mr. Emhardt stated that a majority of the Finance Committee is in support of Mr.
Schneiders motion.

VOTED: That Article 19 be withdrawn without consideration, without prejudice
and without unfavorable action pursuant to M.G.L. 40A, Section 5.

ADOPTED UNANIMOUS VOICE VOTE

                                    ARTICLE 20

AMEND ZONING MAP ALONG REVERE STREET AND NEPONSET
STREET
Article 20 To see if the Town will vote to amend the Town’s zoning map, as
most recently amended, by placing parcels of land located along Revere Street and
Neponset Street within the Village Housing Overlay District (Sec. 5.8) amended
by vote under Article 19 of this Town Meeting warrant or take any other action in
relation thereto. Said parcels of land are described in the Board of Assessors’
Maps as Map 26, Lots 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 87, 88,
89, 90, 91, 92, 93, 222 and 111; and as map 14, lots 120, 121, 122, 123, 124, 125,
126, 127, 128, 129, 130, 131, and 132; and as Map 15, Lots 80, 81, 82, 83, 84, 85,
and 86.
Said parcels are shown on a map, copies of which are attached hereto and have
been placed on file and are available for public review at the office of the Planning
Board, at the office of the Town Clerk, and at the office of the Board of Selectmen
in memorial Hall, at the research desk at the Canton Public Library and on the
town web site.
Petition by for Paul Schneiders and thirteen others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 20 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  7-0-0

PLANNING BOARD MOTION:
MOVED:       That the subject matter of Article 20 be indefinitely
postponed.

                     PLANNING BOARD VOTE:                5-0-0

Finance Committee Chairperson Dave Emhardt moved that the subject matter of
Article 20 be postponed indefinitely.



                                        243
Jeremy Comeau, Planning Board Chairperson, stated that the Planning Board
unanimously concurs with the Finance Committee.

Attorney Paul Schneiders, the article’s sponsor, requested that Article 20 be
withdrawn without consideration, without prejudice and without unfavorable
action pursuant to M.G.L. 40A, Section 5.

VOTED: That Article 20 be withdrawn without consideration, without prejudice
and without unfavorable action pursuant to M.G.L. 40A, Section 5.

ADOPTED UNANIMOUS VOICE VOTE

                                  ARTICLE 41

ASSESSORS ACCEPTANCE OF PROVISIONS OF MGL AMENDMENT
Article 41 To see if the Town will accept the provisions of the Massachusetts
General Laws, Section 4 Chapter 73 Acts of 1986, as amended by Chapter 126 of
the Acts of 1988, which authorized additional real estate exemptions to persons
who qualify for property tax exemption under Clause 41C of Section 5 of Chapter
59 in the additional amount of $200.00 per exemption, or take any other action
thereto.
Board of Selectmen for Board of Assessors
MOVED: That the provisions of the Massachusetts General Laws, Section 4
Chapter 73 Acts of 1986, as amended by Chapter 126 of the Acts of 1988,
which authorized additional real estate exemptions to persons who qualify for
property tax exemption under Clause 41C of Section 5 of Chapter 59 in the
additional amount of $200.00 per exemption be accepted.
                  FINANCE COMMITTEE VOTE:                6-0-1
Finance Committee Chairperson Dave Emhardt moved Article 41 as printed in the
warrant.
The Finance Committee unanimously supports Article 41. This Article changes
the Town’s By-Laws to conform to a recently enacted change in Massachusetts
General Law that increases the property tax exemption by $200 for qualifying
senior citizens. As a result, this change increases the exemption to a maximum of
$1,000. It is estimated that there are approximately 120 people who qualify for
such an exemption in Canton today. Given the small effect of such an additional
exemption on the Town’s property tax revenues, and that it is going to support
taxpayers with modest financial resources, the Finance Committee voted to
approve this Article as presented.
ADOPTED UNANIMOUS VOICE VOTE




                                      244
                                   ARTICLE 29

AMEND GENERAL BY-LAWS OF THE TOWN, ARTICLE XX, SOIL
EROSION AND SEDITMENT CONTROL, SECTION 3 (JURISDICTION)
AND SECTION 13, Part A (LIMITED LAND DISTURBANCE PERMIT)
Article 29 To see if the Town will amend Article XX of the General By-laws of
the Town by amending the following sections:
Section 3: JURISDICTION
No person shall clear, cut, grade, or perform any land-disturbing activity on an
area of land (delete 10,000 square feet) (insert “5,000 square feet or greater”)
without first applying for and receiving an approved full or limited land
disturbance permit from the Conservation Commission in accordance with this by-
law. Land in agricultural use at the time of the adoption of this by-law is exempt
from the permitting required under the by-law. The Commission shall have
authority to promulgate rules and regulations to implement this by-law, to review
permit applications, to grant or deny permits, and to enforce the provisions of this
by-law. The Conservation District will provide technical services to the
Commission in the review of plans, perform monitoring and inspections or any
other matter under this by-law.
Section 13, Part A: LIMITED LAND DISTURBANCE PERMIT

         A.  Activity disturbing an area of land no more than 20,000 square feet
             and no less than (delete “10,000 square feet”) (insert “5,000
             square feet) square feet; AND, or to take any other action related
             thereto.
Board of Selectmen for the Conservation Commission
MOVED: To amend Article XX of the General By-laws of the Town by
amending the following sections:
Section 3: JURISDICTION
No person shall clear, cut, grade, or perform any land-disturbing activity on
an area of land (delete 10,000 square feet) (insert “5,000 square feet or
greater”) without first applying for and receiving an approved full or limited
land disturbance permit from the Conservation Commission in accordance
with this by-law. Land in agricultural use at the time of the adoption of this
by-law is exempt from the permitting required under the by-law. The
Commission shall have authority to promulgate rules and regulations to
implement this by-law, to review permit applications, to grant or deny
permits, and to enforce the provisions of this by-law. The Conservation
District will provide technical services to the Commission in the review of
plans, perform monitoring and inspections or any other matter under this by-
law.




                                        245
Section 13, Part A: LIMITED LAND DISTURBANCE PERMIT
Activity disturbing an area of land no more than 20,000 square feet and no
less than (delete “10,000 square feet”) (insert “5,000 square feet) square feet.

                   FINANCE COMMITTEE VOTE:                 5-1-1
Finance Committee Chairperson Dave Emhardt moved Article 29 as printed in the
warrant.
A majority of the Finance Committee voted to support this change to the by-law.
The federal government has changed the Clean Water Act to reduce the amount of
land that is disturbed that requires a permit from 21,000 sq feet (one half acre) to
5,000 sq feet. This change puts Canton in full compliance with the federal Clean
Water Act.

The minority feels that lowering the minimum value to 5,000 square feet is too
restrictive. A 50 by 100 foot parcel of land meets this minimum value. A
homeowner wishing to redo his lawn, put in a new garden, or replace his driveway
might easily disturb this small amount of land.
In addition, the authority granted in Section 3 of this By-Law, allowing the
Commission to promulgate rules and regulations to implement this By-Law is too
vague. The Conservation Agent could not be specific on this subject.
VOTED: To amend Article XX of the General By-laws of the Town by amending
the following sections:
Section 3: JURISDICTION
No person shall clear, cut, grade, or perform any land-disturbing activity on an
area of land (delete 10,000 square feet) (insert “5,000 square feet or greater”)
without first applying for and receiving an approved full or limited land
disturbance permit from the Conservation Commission in accordance with this by-
law. Land in agricultural use at the time of the adoption of this by-law is exempt
from the permitting required under the by-law. The Commission shall have
authority to promulgate rules and regulations to implement this by-law, to review
permit applications, to grant or deny permits, and to enforce the provisions of this
by-law. The Conservation District will provide technical services to the
Commission in the review of plans, perform monitoring and inspections or any
other matter under this by-law.
Section 13, Part A: LIMITED LAND DISTURBANCE PERMIT
Activity disturbing an area of land no more than 20,000 square feet and no less
than (delete “10,000 square feet”) (insert “5,000 square feet) square feet.
ADOPTED MAJORITY VOICE VOTE




                                        246
                                  ARTICLE 33

AMENDMENT OF PERSONNEL BY-LAWS
Article 33 To see if the Town will vote to amend Section 7 of the Personnel By-
laws, as most recently amended May 7, 2001, by deleting Section 7.(b) and
replacing it with the following:
(b) Upon receipt from the Personnel Advisory Board of a proposed change in the
Human Resources Policy, the Board of Selectmen and School Committee shall
meet jointly or separately and place upon their agendas the proposal for
discussion, inviting the Personnel Advisory Board to attend.     The Board of
Selectmen and School Committee may accept, reject or amend the proposal of the
Personnel Advisory Board. The Human Resources Administrator shall be
responsible for administration and enforcement of the Personnel Policy and any
amendments thereof
or take any other action related thereto.
Board of Selectmen

MOVED: That Section 7 of the Personnel By-laws, as most recently amended
May 7, 2001, be further amended by deleting Section 7.(b) and replacing it
with the following:

(b) Upon receipt from the Personnel Advisory Board of a proposed change in
the Human Resources Policy, the Board of Selectmen and School Committee
shall meet jointly or separately and place upon their agendas the proposal for
discussion, inviting the Personnel Advisory Board to attend. The Board of
Selectmen and School Committee may accept, reject or amend the proposal of
the Personnel Advisory Board. The Human Resources Administrator shall be
responsible for administration and enforcement of the Personnel Policy and
any amendments thereof.

                  FINANCE COMMITTEE VOTE:                7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 33 as printed in the
warrant.

The Finance Committee unanimously supports Article 33. The current Personnel
By-Law requires that the Board of Selectmen and the School Committee meet
jointly with the Human Resources Administrator to discuss proposed changes in
HR policy. Since this Article would increase the flexibility of the Committees by
allowing (but not requiring) each group to meet with the HR Administrator
separately, the Finance Committee voted to approve the Article as presented.

ADOPTED UNANIMOUS VOICE VOTE




                                      247
                                   ARTICLE 37

VOTE TO ACCEPT PROVISIONS OF G.L. c. 183A, S.20/RATIFY
PURCHASE OF NORTH STREET CONDOMINIUM UNIT
Article 37 To see if the Town will vote to accept the provisions of G.L. c. 183A,
S.20, and to ratify the Town’s purchase of a unit at the 30 North Street
Commercial Condominium located at 30 North Street in Canton and the Town’s
participation in the organization of unit owners for such condominium, or to take
any other action related thereto.
Board of Selectmen for the School Committee

MOVED: That the provisions of G.L. c. 183A, S.20 are accepted, and the
Town’s purchase of a unit at the 30 North Street Commercial Condominium
located at 30 North Street in Canton and the Town’s participation in the
organization of unit owners for such condominium is ratified.

                   FINANCE COMMITTEE VOTE:                6-0-0

Finance Committee Chairperson Dave Emhardt moved Article 37 as printed in the
warrant.

The Finance Committee voted unanimously to confirm support for Article 37. The
acquisition of the school maintenance facility, already approved at Town Meeting,
has been purchased. Town Meeting also needs to approve membership in the
commercial condominium association, which has not yet been done. Approval of
this Article ratifies that membership.

ADOPTED UNANIMOUS VOICE VOTE

                                   ARTICLE 39

AMEND TOWN BY-LAW ARTICLE XVI BY ADDING A NEW SECTION 22 -
EXCAVATION AND TRENCH SAFETY
Article 39 To see if the Town will vote to amend the By-Laws of the Town of
Canton to add a new Section 22 to Article XVI, Miscellaneous, entitled
Excavation and Trench Safety, as follows:

Section 22. Excavation and Trench Safety.
Purpose.
The purpose of this chapter is to establish reasonable standards to protect the
safety of the citizens of the Town of Canton from the hazards inherent in trenches
and to provide for penalties for individuals who violate any provision of this
chapter.

(a) Authority, Fee.
Pursuant to the provisions of MGL Ch. 82A, the regulations of the Department of
Public Safety in conjunction with the Division of Occupational Safety as


                                       248
promulgated under 520 CMR 14.00 regarding excavation and trench safety are
expressly incorporated into this bylaw by reference. A reasonable fee to defray the
cost of administration incurred in the review and processing of permits under this
chapter shall be established pursuant to MGL Ch. 40, s. 22F and Ch. 82A, s. 2.

(b) Permitting Authority.
The Director of the Department of Public Works or his designee shall serve as
the “Permitting Authority” for excavations to take place on both property that is
owned or controlled by a public agency or that a public agency otherwise has a
property interest in, including but not limited to an easement, and for excavations
to take place on privately owned land. The Director of the Department of Public
Works or his designee, acting as the Permitting Authority, may delegate some or
all of his authority under this chapter to the Building Inspector and the Fire Chief
or his designee.

(c) 28-4. Police Detail.
In the event that the Permitting Authority becomes aware or is notified of an
unattended trench during a time when the permit holder is unavailable, it may
require a fire department detail to attend such unattended trench to protect the
general public, the cost of which shall be assessed to the permit holder.

(d) 128-5. Application.
The provisions of this chapter shall apply to any excavator in the Town of Canton.

(e) 128-6. Violations.
Any person violating this section shall be fined three hundred dollars ($300.00) for
each offense, each day constituting a separate offense. The enforcing persons for
this bylaw shall be the Permitting Authority or his designees and any one fire shift
commander of the Town of Canton. Non-criminal disposition of violations shall be
available to apply to violations pursuant to Article I, General Provisions, Section 2
of the By-Laws of the Town of Canton,
Or to take any other action related thereto.
Board of Selectmen

MOVED: That the subject matter of Article 39 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  8-0-0

Finance Committee Chairperson Dave Emhardt moved that Article 39 be
postponed indefinitely.

John Connolly, Chairperson of the Board of Selectmen moved a substitute motion
that Article 39 be adopted as printed in the warrant with the exception of the
Police Detail section which would read, “In the event that the Permitting Authority
becomes aware or is notified of an unattended trench during a time when the
permit holder is unavailable, it may require a fire department detail to attend such
unattended trench, that is unprotected by any means provided for in 250 CMR


                                        249
14.00, to protect the general public, the cost of which shall be assessed to the
permit holder.”

Mr. Emhardt and Finance Committee member Pat Johnson stated that the Finance
Committee had requested additional information pertaining to the proposed By-
Law, such as the definition of a trench. Unfortunately the information was not
available when the Finance Committee was required to submit their votes and the
concerns were of sufficient merit that the Finance Committee could not support
the Article.

Victor DelVecchio, a member of the Board of Selectmen, stated that the by-law is
intended to implement a new state requirement regarding safety in unattended
trenches and it is the result of harm that occurred to a child. It permits the Town to
designate who is responsible for issuing permits. The definition of a trench
according to the state regulations defines a trench and an unattended trench as “an
excavation which is narrow in relation to its length made below the surface ground
in excess of three feet below grade and the depth of which is in general greater
than the width, but the width of a trench as measured at the bottom is no greater
than fifteen feet”.

Brewster Gifford asked if the fire department works details as referenced in Mr.
Connolly’s amended motion.
Thomas Ronayne, Canton Fire Chief, stated that every member of the fire
department has received trench collapse training and that it was felt that to get
someone on the scene that was familiar with what they were looking at would be
in the best interest of public safety.

VOTED: That the Town amend the By-Laws of the Town of Canton to add a
new Section 22 to Article XVI, Miscellaneous, entitled Excavation and Trench
Safety, as follows:

Section 22. Excavation and Trench Safety.

Purpose.
The purpose of this chapter is to establish reasonable standards to protect the
safety of the citizens of the Town of Canton from the hazards inherent in trenches
and to provide for penalties for individuals who violate any provision of this
chapter.

(a) Authority, Fee.
Pursuant to the provisions of MGL Ch. 82A, the regulations of the Department of
Public Safety in conjunction with the Division of Occupational Safety as
promulgated under 520 CMR 14.00 regarding excavation and trench safety are
expressly incorporated into this bylaw by reference. A reasonable fee to defray the
cost of administration incurred in the review and processing of permits under this
chapter shall be established pursuant to MGL Ch. 40, s. 22F and Ch. 82A, s. 2.



                                         250
(b) Permitting Authority.
The Director of the Department of Public Works or his designee shall serve as
the “Permitting Authority” for excavations to take place on both property that is
owned or controlled by a public agency or that a public agency otherwise has a
property interest in, including but not limited to an easement, and for excavations
to take place on privately owned land. The Director of the Department of Public
Works or his designee, acting as the Permitting Authority, may delegate some or
all of his authority under this chapter to the Building Inspector and the Fire Chief
or his designee.

(c) 28-4. Police Detail.
In the event that the Permitting Authority becomes aware or is notified of an
unattended trench during a time when the permit holder is unavailable, it may
require a fire department detail to attend such unattended trench, that is
unprotected by any means provided for in 250 CMR 14.00, to protect the general
public, the cost of which shall be assessed to the permit holder.

(d) 128-5. Application.
The provisions of this chapter shall apply to any excavator in the Town of Canton.

(e) 128-6. Violations.
Any person violating this section shall be fined three hundred dollars ($300.00) for
each offense, each day constituting a separate offense. The enforcing persons for
this bylaw shall be the Permitting Authority or his designees and any one fire shift
commander of the Town of Canton. Non-criminal disposition of violations shall be
available to apply to violations pursuant to Article I, General Provisions, Section 2
of the By-Laws of the Town of Canton,

ADOPTED UNANIMOUS VOICE VOTE
                                    ARTICLE 16

AMEND ZONING BY-LAW SECTION 5.10.3 – MIXED USE OVERLAY
DISTRICT
Article 16 To see if the Town will amend the Town’s Zoning By-Laws by
deleting Section 5.10.3 of the By-Laws and inserting instead:

         5.10.3    Locations and Eligibility. No parcel shall be placed in the
         MOD unless it contains two (2) contiguous upland acres and abuts a
         Business District other than the Central Business District and/or is
         contained within a Limited Industrial District.
Petition by for Suzanne Matthews and 12 others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 16 be indefinitely postponed.

                   FINANCE COMMITTEE VOTE:                  6-0-0


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PLANNING BOARD MOTION:
MOVED: That the Town amend the Zoning By-law, as most recently
amended, by deleting Section 5.10.3, Locations and Eligibility and inserting
in its stead the following:

5.10.3 Locations and Eligibility: No parcel shall be placed in the MOD
unless it contains two (2) contiguous upland acres and abuts a Business
District other than the Central Business District and/or is contained within a
Limited Industrial District.

                      PLANNING BOARD VOTE:                5-0-0

Finance Committee Chairperson Dave Emhardt moved that Article 16 be
postponed indefinitely.

The Finance Committee unanimously voted to postpone indefinitely Article 16.
The Finance Committee did not have an opportunity to review the Article with the
sponsor and therefore felt that any financial impact to the Town could not be
properly evaluated. Also, the Finance Committee was concerned with the density
of residential housing allowed by the overlay, the small area of land required for
its application, and the change that it can be contained within a Limited Industrial
District, which would make it relatively easy to apply in a large number of areas
through the Town.
Jeremy Comeau, Chairperson of the Planning Board moved that Article 16 be
adopted as printed in the Planning Board motion.

This Article would amend the current Mix-Use Overlay District to include Limited
Industrial District parcels of land along Arboretum Way and Turnpike Street.
Parcels of land would be required to have minimum two contiguous upland acres.

The article does encourage mix-use in areas of the Town other than the Central
Business District, which is consistent to the Master Plan Study. It allows
combining small retail functions to support a 55+ residential development thus
creating a self-contained community setting where residences could have direct
access to small retail establishments. Retail areas may include a barber shop,
convenient store, physician office, eye care store, etc. Direct access to these retail
functions would not create additional traffic and congestion along the Rt. 138
Corridor.

Access to and from the site would be limited via Arboretum Way and Rt. 138
causing no negative traffic impact to Residential abutters. Density would be
consistent to the current Mix-Use Overlay District: one dwelling per 5,000 sq. ft.
of buildable lot area; 1,000 square feet of non-residential floor area per 10,000
square feet of build able lot area.

Attorney Suzanne Matthews representing Considine Development LLC explained
that this article attempts to amend section 5.10.3 of the Mixed Use Overlay
District Zoning By-law by replacing the existing section with language that

                                         252
provides that “No parcel shall be placed in the MOD unless it contains two (2)
contiguous upland acres and abuts a Business District other than the Central
Business District and/or is contained within a Limited Industrial District.” One of
the purposes of the Mixed Use Overlay District is to encourage development in
different areas of Town which are a combination of residential, retail and some
commercial development. The way the by-law currently reads this overlay district
can be applied in any area of Town as long as that area abuts a business district. It
already allows the M.O.D. to go into Limited Industrial areas. There are very few
areas in which an area abuts a business district other than the central business
district. They are all on the outskirts of the Town, at Cobb’s Corner, Route 138 at
the Canton/Stoughton line, another area on Route 138 that abuts a highly
residential area and an area by Blue Hills. As it is, you cannot get the benefit of
what it was originally enacted for. The amendment would allow that it be
continually applied to a Limited Industrial area but it no longer needs to abut a
business district other than a central business district. It would leave it open to
have its application in other Limited Industrial areas such as the Route 138 area.
If this amendment is adopted it does not mean that there is going to be a Mixed
Use Overlay development in all Limited Industrial areas of the town. There is a
strict regulatory process that must be followed. It would allow a developer to
bring forward an area in a Limited Industrial District for consideration. It would
still require a two-thirds approval of Town Meeting that a particular piece of land
is appropriate for that. In this article we are looking to enable someone to come
forward to the Town to bring a Limited Industrial area for consideration even
though it does not abut a business district other than the Central Business District.
John Connolly, Chairperson of the Board of Selectmen, stated that the Board of
Selectmen unanimously supports the Planning Board motion.
Peter Pineo, a former Planning Board member, concerned that there is no reference
to the over fifty-five age restriction in this by-law, similar to the age restriction
stipulated in the Village Housing Overlay by-law, offered a substitute motion that
section 5.10.0 Locations and Eligibility read “No parcel shall be placed in the
MOD unless it contains two (2) contiguous upland acres and abuts a Business
District other than the Central Business District and/or is contained within a
Limited Industrial District. When the underlying zone is ‘limited industrial’ the
residential use shall be limited to age restricted housing consisting of 55 years and
older only as pursuant to GL c.151B.”
Jill Steven asked if children would be allowed to reside in this age restricted
housing expressing concerns regarding the impact this would have on the school
system.
Pat Johnson, a member of the Finance Committee, stated that this topic had been
discussed by the Finance Committee and that “when we refer to the General Laws
on fifty-five, basically what that means is that one and only one person in the
household has to be fifty-five or older and once you meet that requirement any age
you want can also be in that household.”


                                        253
Attorney Matthews stated that while she cannot speak to the specifics of the statute
and whether it allows any resident to have school age children in an over fifty-five
residence, in this case Considine Development has agreed to an age restrictive
covenant with the Town of Canton that specifically addresses that issue. The
provisions apply that there will not be someone with school age children living in
that particular area. The Town also has the right to request this type of covenant
on future developments regardless of the General Laws.

Motion to amend the main motion by replacing the wording in section 5.10.3
printed in the warrant with Mr. Pineo’s substitute motion.
APPROVED VOICE VOTE

Kevin Folan stated that while he appreciates the added restrictions the substitute
motion would impose he is not in support of this article. He expressed his concern
over the added strain that any new development would have on the Town’s school
system if there were school age children residing in this development and on the
public safety facilities.

Attorney Matthews reiterated that all Article 16 would do is to enable anyone to
bring to the Town for consideration a particular area of Town for development.
How that will impact the Town at the time will depend on that particular project
and where it is located. This by-law is just to allow certain parcels of property to
be brought to the Town. The Town Meeting body has the right to disapprove of a
particular project.

Several people spoke, most offering their support of this article.

VOTED: That the Town amend the Zoning By-law, as most recently amended, by
deleting Section 5.10.3, Locations and Eligibility and inserting in its stead the
following:

5.10.3 Locations and Eligibility: No parcel shall be placed in the MOD unless it
contains two (2) contiguous upland acres and abuts a Business District other than
the Central Business District and/or is contained within a Limited Industrial
District. When the underlying zone is ‘limited industrial’ the residential use shall
be limited to age restricted housing consisting of 55 years and older only as
pursuant to GL c.151B.

ADOPTED MAJORITY SHOW OF HANDS, MORE THAN TWO-THIRDS
                                    ARTICLE 17

VOTE TO DESIGNATE PARCELS OF LAND ALONG ARBORETUM
WAY/TURNPIKE STREET AS MIXED USE OVERLAY DISTRICT
Article 17 To see if the Town will vote to designate parcels of land located along
Arboretum Way and Turnpike Street described on the Board of Assessors Map 91
as Lot 16 and Map 77 as Lot 8 as shown on a map, copies of which have been
placed on file and are available for public view at the office of the Planning Board,

                                         254
at the office of the Town Clerk and at the office of the Board of Selectmen in
Memorial Hall, at the research desk at the Canton Public Library and on the town
web site, to be within the Mixed Use Overlay District (MOD) as contained in
Section 5.10 of the Zoning By-Laws of the Town of Canton.
Petition by for Suzanne Matthews and 12 others

FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 17 be indefinitely postponed.
                  FINANCE COMMITTEE VOTE:                6-0-0

PLANNING BOARD MOTION:
MOVED:               That the Zoning Map be amended by placing certain
parcels of land located along Arboretum Way and Turnpike Street described
on Assessors Map 91 as Lot 16 and on Map 77 as Lot 8, to be within the
Mixed Use Overlay District as contained in Section 5.10 of the Town’s Zoning
By-laws.
                     PLANNING BOARD VOTE:              5-0-0
Finance Committee Chairperson Dave Emhardt moved that Article 17 be
postponed indefinitely.

Jeremy Comeau, Chairperson of the Planning Board moved that Article 17 be
adopted as printed in the Planning Board motion. The Planning Board voted
unanimously to support this article.
The proponent of this article, Patrick Considine of Considine Development, stated
that the proposed site is approximately twenty acres of picturesque land, half of
that being wetland, along Route 138 adjacent to Arboretum Way. The access
would be from Arboretum Way which has good visibility in both directions. The
proposed plan is to build approximately eighty units, a mix of garden style
condominium units and adjoining townhomes ranging in size from approximately
1,200 square feet to 2,000 square feet, with a clubhouse and open space facilities
for the age fifty-five community. It would also contain approximately twenty
thousand square feet of commercial space. The site is surrounded by other
communities; the Arboretum and Turtlebrook Village are to the rear along with
another proposed development across the street. Mr. Considine also stated that
age fifty-five communities are much less demanding on the town’s infrastructure
than standard developments. The biggest issue with regard to any community is
the possibility that you are bringing in school age children into the development.
Mr. Considine stated that this cannot happen here because there is already an age
restrictive covenant in place to provide for that possibility.
Dave Emhardt stated that he felt that any restrictive covenant should be discussed
by the Finance Committee in a public forum because the financial impact of this
restrictive covenant changes the financial aspect to the Town.
Attorney Matthews responded that this was raised at a public meeting by the
Board of Selectmen and a covenant was negotiated through the Board of

                                       255
Selectmen with Town Counsel and that they understood this to be the appropriate
format.
Kevin Folan stated that in spite of the previous speaker’s comments he still has
concerns that there will be school age children residing there which will impact the
Town financially.
Several people spoke, mostly in support of this article, including Board of
Selectmen member John Connolly who stated that the Board unanimously
supports this article.
VOTED: That the Zoning Map be amended by placing certain parcels of land
located along Arboretum Way and Turnpike Street described on Assessors Map 91
as Lot 16 and on Map 77 as Lot 8, to be within the Mixed Use Overlay District as
contained in Section 5.10 of the Town’s Zoning By-laws.

ADOPTED MAJORITY VOICE VOTE, MORE THAN TWO-THIRDS
                                   ARTICLE 10

TRANSFER UNEXPENDED PRIOR YEAR APPROPRIATIONS
Article 10 To see if the town will vote to transfer the unexpended balance of
certain appropriations made under various articles in the warrants from prior town
meetings, or to take any other action related thereto.
Board of Selectmen
MOVED: That Sixty Two Thousand Nine Hundred Sixty Nine Dollars
($62,969) be appropriated to be spent by the School Department for various
HVAC projects and to meet this appropriation the sum of Sixty Two
Thousand Nine Hundred Sixty Nine Dollars ($62,969) be transferred from the
appropriation voted pursuant to Article 13 Motion 9 of the 2005 Annual
Town Meeting , thereby increasing the appropriation voted pursuant to
Article 12 Motion 5 of the 2006 Annual Town Meeting from One Hundred
Sixty Five Thousand Four Hundred Sixty Nine Dollars ($165,469) to Two
Hundred Twenty Eight Thousand Four Hundred Thirty Eight Dollars
($228,438).
                   FINANCE COMMITTEE VOTE:                 6-0-0

Finance Committee Chairperson Dave Emhardt moved Article 10 as printed in the
warrant.
The Finance Committee unanimously supports this motion. This is a consolidation
and transfer of unused but approved expenditures of $62,969 from ATM 2005.
The funds will be transferred to HVAC projects under Article 13, Motion 9 of the
2006 ATM and will be used on related projects within the School Department that
are not yet completed.
ADOPTED UNANIMOUS VOICE VOTE



                                        256
                                            ARTICLE 46

APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR
Article 46 To see what sums of money the town will vote to raise and appropriate,
transfer from any available funds or borrow from any applicable statute to meet
the expenses of the next fiscal year for the various Town Boards, Committees,
Departments and Agencies, or to take any other action related thereto.
Board of Selectmen

MOVED: That the various sums of money contained in the printed report of
the Finance Committee be raised and appropriated for the various purposes
as are enumerated in the said report, and that certain funds be transferred to
meet such appropriation as set forth below, provided however, that for the
purposes of MGL chapter forty-four, section thirty-one (c. 44, §31) the
individual and separately numbered items within each account are not to be
considered as separate votes but rather as detail provided only for general
information purposes, it being the intention of this vote to have a, so-called,
bottom line budget enabling department heads, with the approval of the
Finance Director, to shift funds from one subsidiary account to another
within the total amount available to the department, office or agency.


                     Votes to Transfer Available Funds
     WITH A VOTE THAT $2,642,557 BE TRANSFERRED AS FOLLOWS:


                    TRANSFER FROM                        AMOUNT                      TRANSFER TO

     AMBULANCE SERVICE                                         $700,000    FIRE DEPARTMENT
     WATER ENTERPRISE FUND                                      638,471    PUBLIC WORKS DEPARTMENT
     OVERLAY SURPLUS                                            500,000    RETIREMENT BENEFITS
     SEWER ENTERPRISE FUND                                      346,085    PUBLIC WORKS DEPARTMENT
     SCHOOL FOOD SERVICE                                         88,000    SCHOOL DEPARTMENT
     AMBULANCE SERVICE                                           74,138    DEBT SERVICE
     RINK ENTERPRISE FUND                                        69,614    RECREATION DEPARTMENT
     BOND PREMIUM FUND                                           50,081    DEBT SERVICE
     SCHOOL GRANTS                                               50,000    SCHOOL DEPARTMENT
     ANIMAL CONTROL FEES                                         33,780    ANIMAL CONTROL DEPARTMENT
     SALE OF REAL ESTATE                                         24,278    DEBT SERVICE
     GREENLODGE STREET PARKING FEES                              20,500    EXECUTIVE OFFICE
     SALE OF LOTS/GRAVES                                         20,000    CEMETERY MAINTENANCE
     CEMETERY PERPETUAL CARE (EXPENDABLE)                        12,000    CEMETERY MAINTENANCE
     HELEN MARTIS BEQUEST                                         8,743    COUNCIL ON AGING
     WETLANDS PROTECTION                                          4,000    CONSERVATION COMMISSION
     PEQUITSIDE FARM RENTALS                                      2,867    CONSERVATION COMMISSION

                         TOTAL                                $2,642,557




                      FINANCE COMMITTEE VOTE:                                  7-0-0

Finance Committee Chairperson Dave Emhardt moved Article 46 as printed in the
warrant.

ADOPTED UNANIMOUS VOICE VOTE



                                                  257
                            FY10 BUDGET
SCHOOL DEPARTMENT (300)                                   28,665,359.00
     TOTAL SCHOOLS                                       $28,665,359.00
ANIMAL CONTROL (292)                                        $137,706.00
ASSESSORS (141)                                             $236,390.00
BEAUTIFICATION COMMITTEE (692)                                $1,378.00
BUILDING AND ZONING (176;241)                               $304,007.00
BUILDING RENOVATION (184)                                     $3,381.00
CAPITAL PLANNING COMMITTEE (182)                              $2,556.00
COMMISSION ON DISABILITY (547)                                $2,565.00
CONSERVATION COMMISSION (171)                                $62,684.00
COUNCIL ON AGING (541)                                      $196,506.00
EMERGENCY MANAGEMENT (291)                                    $8,335.00
EXECUTIVE AREA (129;151;154;179;195;910)                    $975,582.00
FINANCE COMMITTEE (131)                                      $12,703.00
FINANCE DEPARTMENT(133;135;145;155)                         $840,159.00
FIRE DEPARTMENT (220;221;231;232)                         $4,236,443.00
BOARD OF HEALTH (510)                                       $303,184.00
HISTORICAL COMMISSION (691)                                   $3,669.00
PLANNING BOARD (175)                                         $54,761.00
POLICE DEPARTMENT (210)                                   $3,693,088.00
PROPERTY MAINT. (192;193;194;199;632)                       $422,990.00
PUBLIC LIBRARY (610)                                        $967,715.00
PUBLIC WORKS (400;410;420;421;425;426;427;491;492;493)    $1,927,848.00
RECREATION & PLAYGROUND (542;630)                           $377,294.00
SEALER OF WEIGHTS & MEASURES (244)                            $7,500.00
TOWN CLERK AND ELECTED (161;163)                            $189,270.00
TOWN EMERGENCY (297)                                          $8,875.00
VETERANS SERVICES DEPT. (543)                                $98,997.00
WATER/SEWER COMMITTEE (149)                                   $1,000.00
                     TOTAL MUNICIPAL                     $15,076,586.00
BLUE HILLS REGIONAL (840)                                 $1,321,631.00
DEBT SERVICE (710;751;752)                                $6,056,966.00
EMPLOYER SHARE-HEALTH INSURANCE (914)                     $9,007,669.00
EMPLOYER SHARE-LIFE INSURANCE (915)                          $58,680.00
RESERVE FUND (132)                                          $300,000.00
RETIREMENT BENEFITS (911)                                 $2,875,438.00
SNOW & ICE (423)                                            $184,721.00
STREET LIGHTING (422)                                       $215,000.00
TOWN INSURANCE (946)                                        $765,000.00
TRASH COLLECTION (433)                                    $1,402,992.00
UNEMPLOYMENT COMPENSATION (913)                             $100,000.00

      TOTAL FIXED COSTS                                  $22,288,097.00
TOTAL BUDGET                                             $66,030,042.00
APPROVED UNANIMOUS VOICE VOTE

                                  258
                      ENTERPRISE FUNDS

630               RINK ENTERPRISE                                      $429,390.00
440               SEWER ENTERPRISE                                    $4,871,209.00
450               WATER ENTERPRISE                                    $5,527,884.00

APPROVED UNANIMOUS VOICE VOTE

                                     ARTICLE 18

AMEND ZONING BY-LAW BY ADDING A WIND ENERGY BY-LAW
Article 18 To see if the Town will vote to amend the Town’s zoning by-law, as
most recently amended, by adding the following:

5.11 Wind Energy By-law

5.11.1 Purpose
The purpose of this by-law is to provide by special permit for the construction and
operation of wind facilities and to provide standards for the placement, design,
construction, monitoring, modification and removal of wind facilities that address
public safety, minimize impacts on scenic, natural and historic resources of the
city or town and provide adequate financial assurance for decommissioning.

5.11.2 Applicability
This section applies to all utility-scale and on-site wind facilities proposed to be
constructed after the effective date of this section. It does not apply to single stand-
alone turbines under 60 kilowatts of rated nameplate capacity. Any physical
modifications to existing wind facilities that materially alters the type or increases
the size of such facilities or other equipment shall require a special permit.

5.11.3 Definitions
Utility-Scale Wind Facility: A commercial wind facility, where the primary use
of the facility is electrical generation to be sold to the wholesale electricity
markets.

On-Site Wind Facility: A wind project, which is located at a commercial,
industrial, agricultural, institutional, or public facility that will consume more than
50% of the electricity generated by the project on-site.

Height: The height of a wind turbine measured from natural grade to the tip of the
rotor blade at its highest point, or blade-tip height.

Rated Nameplate Capacity: The maximum rated output of electric power
production equipment. This output is typically specified by the manufacturer with
a “nameplate” on the equipment.

Special Permit Granting Authority: The Special Permit Granting Authority shall
be the Zoning Board of Appeals (Board of Appeals).


                                         259
Substantial Evidence: Such evidence as a reasonable mind might accept as
adequate to support a conclusion.

Wind Facility: All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is not limited to,
transmission, storage, collection and supply equipment, substations, transformers,
service and access roads, and one or more wind turbines.

Wind Monitoring or Meteorological Tower: A temporary tower equipped with
devices to measure wind speeds and direction, used to determine how much wind
power a site can be expected to generate.

Wind turbine: A device that converts kinetic wind energy into rotational energy
that drives an electrical generator. A wind turbine typically consists of a tower,
nacelle body, and a rotor with two or more blades.

5.11.4 General Requirements

5.11.4.1 Special Permit Granting Authority
No wind facility over 60 kilowatts of rated nameplate capacity shall be erected,
constructed, installed or modified as provided in this section without first
obtaining a permit from the Board of Appeals. The construction of a wind facility
shall be permitted in any zoning district subject to the issuance of a Special Permit
and provided that the use complies with all requirements set forth in sections
hereunder. All such wind energy facilities shall be constructed and operated in a
manner that minimizes any adverse safety and environmental impacts. No special
permit shall be granted unless the Board of Appeals finds in writing that:

(a) the specific site is an appropriate location for such use;
(b) the use is not expected to adversely affect the neighborhood;
(c) there is not expected to be any serious hazard to pedestrians or vehicles from
the use;
(d) no nuisance is expected to be created by the use; and
(e) adequate and appropriate facilities will be provided for the proper operation of
the use.

Such permits may also impose reasonable conditions and safeguards and may
require the applicant to implement all reasonable measures to mitigate unforeseen
adverse impacts of the wind facility, should they occur.

Wind monitoring or meteorological towers shall be permitted in all zoning districts
subject to issuance of a building permit for a temporary structure and subject to
reasonable regulations concerning the bulk and height of structures and
determining yard-size, lot area, setbacks, open space, parking, and building
coverage requirements

5.11.4.2 Compliance with Laws, Ordinances and Regulations



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The construction and operation of all such proposed wind facilities shall be
consistent with all applicable local, state and federal requirements, including but
not limited to all applicable safety, construction, environmental, electrical,
communications and aviation requirements.

5.11.5.3 Proof of Liability Insurance
The applicant shall be required to provide evidence of liability insurance in an
amount and for a duration sufficient to cover loss or damage to persons and
structures occasioned by the failure of the facility.

5.11.5.4 Site Control
At the time of its application for a special permit, the applicant shall submit
documentation of actual or prospective control of the project site sufficient to
allow for installation and use of the proposed facility. Documentation shall also
include proof of control over setback areas and access roads, if required. Control
shall mean the legal authority to prevent the use or construction of any structure
for human habitation within the setback areas.

5.11.6 Standards

5.11.6.1 Height
Wind facilities shall be no higher than 250 feet above the current grade of the land,
provided that the Board of Appeals may allow wind facilities to exceed 250 feet if:
(a) the applicant demonstrates by substantial evidence that such height reflects
industry standards for a similarly sited wind facility;
(b) such excess height is necessary to prevent financial hardship to the applicant,
and
(c) the facility satisfies all other criteria for the granting of a special permit under
the provisions of this section.

5.11.6.2 Setbacks
Wind turbines shall be set back a distance equal to 1.0 times the overall blade tip
height of the wind turbine from the nearest existing residential or commercial
structure and 100 feet from the nearest property line and private or public way.

5.11.6.3 Setback Waiver
The Board of Appeals may reduce the minimum setback distance as appropriate
based on site-specific considerations if the project satisfies all other criteria for the
granting of a special permit under the provisions of this section.

5.11.7 Design Standards

5.11.7.1 Color and Finish
The Board of Appeals shall have discretion over the turbine color, although a
neutral, non-reflective exterior color designed to blend with the surrounding
environment is encouraged.

5.11.7.2 Lighting

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Wind turbines shall be lighted only if required by the Federal Aviation
Administration. Lighting of other parts of the wind facility, such as appurtenant
structures, shall be limited to that required for safety and operational purposes, and
shall be reasonably shielded from abutting properties.

5.11.7.3 Signage
Signs on the wind facility shall comply with the requirements of the town’s sign
regulations

5.11.7.4 Advertising
Wind turbines shall not be used for displaying any advertising except for
reasonable identification of the manufacturer or operator of the wind energy
facility.

5.11.7.5 Utility Connections
Reasonable efforts shall be made to locate utility connections from the wind
facility underground, depending on appropriate soil conditions, shape, and
topography of the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be above ground if required by the
utility provider.

5.11.7.6 Appurtenant Structures
All appurtenant structures to such wind facilities shall be subject to reasonable
regulations concerning the bulk and height of structures and determining yard
sizes, lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to, equipment shelters,
storage facilities, transformers, and substations, shall be architecturally compatible
with each other and shall be contained within the turbine tower whenever
technically and economically feasible. Structures shall only be used for housing of
equipment for this particular site. Whenever reasonable, structures should be
shaded from view by vegetation and/or located in an underground vault and joined
or clustered to avoid adverse visual impacts.

5.11.7.7 Support Towers
Monopole towers are the preferred type of support for the Wind Facilities.

5.11.8 Safety, Aesthetic and Environmental Standards

5.11.8.1 Emergency Services
The applicant shall provide a copy of the project summary and site plan to the
local emergency services entity, as designated by the Board of Appeals. Upon
request the applicant shall cooperate with local emergency services in developing
an emergency response plan.

5.11.8.2 Unauthorized Access
Wind turbines or other structures which are part of a wind facility shall be
designed to prevent unauthorized access.


                                         262
5.11.8.3 Noise
The wind facility and associated equipment shall conform with the provisions of
the Department of Environmental Protection’s Division of Air Quality Noise
Regulations (310 CMR 7.10), unless the Department and the Board of Appeals
agree that those provisions shall not be applicable. A source of sound will be
considered to be violating these regulations if the source increases the broadband
sound level by more than 10 dB(A) above ambient.

These criteria are measured both at the property line and at the nearest inhabited
residence. Ambient is defined as the background A-weighted sound level that is
exceeded 90% of the time measured during equipment hours. The ambient may
also be established by other means with consent from the Department of
Environmental Protection (DEP). An analysis prepared by a qualified engineer
shall be presented to demonstrate compliance with these noise standards if
required by the Board of Appeals.

The Board of Appeals, in consultation with DEP, shall determine whether such
violations shall be measured at the property line or at the nearest inhabited
residence.

5.11.8.4 Land Clearing, Soil Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the wind facility and is otherwise
prescribed by applicable laws, regulations, and ordinances.

5.11.9 Monitoring and Maintenance

5.11.9.1 Facility Conditions
The applicant shall maintain the wind facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs, and integrity of
security measures. Site access shall be maintained to a level acceptable to the local
Fire Chief and Emergency Medical Services. The project owner shall be
responsible for the cost of maintaining the wind facility and any access road,
unless accepted as a public way, and the cost of repairing any damage occurring as
a result of operation and construction.

5.11.9.2 Modifications
All material modifications to a wind facility made after issuance of the special
permit shall require approval by the Board of Appeals as provided in this section.

5.11.10 Abandonment or Decommissioning

5.11.10.1 Removal Requirements
Any wind facility which has reached the end of its useful life or has been
abandoned shall be removed. When the wind facility is scheduled to be
decommissioned, the applicant shall notify the town by certified mail of the
proposed date of discontinued operations and plans for removal. The
owner/operator shall physically remove the wind facility no more than 150 days

                                        263
after the date of discontinued operations. At the time of removal, the wind facility
site shall be restored to the state it was in before the facility was constructed or any
other legally authorized use. More specifically, decommissioning shall consist of:

(a) Physical removal of all wind turbines, structures, equipment, security barriers
and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local and state
waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The
special permit granting authority may allow the owner to leave landscaping or
designated below-grade foundations in order to minimize erosion and disruption to
vegetation.

5.11.10.2 Abandonment
Absent notice of a proposed date of decommissioning, the facility shall be
considered abandoned when the facility fails to operate for more than one year
without the written consent of the Board of Appeals. The Board of Appeals shall
determine in its decision what proportion of the facility is inoperable for the
facility to be considered abandoned. If the applicant fails to remove the wind
facility in accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the town shall have the
authority to enter the property and physically remove the facility.

5.11.10.3 Financial Surety
The Board of Appeals may require the applicant for utility scale wind facilities to
provide a form of surety through a bond or otherwise to cover the cost of removal
in the event the town must remove the facility. The amount of said surety shall be
determined by the Board of Appeals, but in no event shall the amount exceed more
than 125 percent of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the applicant. Such surety will not
be required for municipally or state-owned facilities. The applicant shall submit a
fully inclusive estimate of the costs associated with removal, prepared by a
qualified engineer. The amount shall include a mechanism for Cost of Living
Adjustment.

5.11.11 Term of Special Permit
A special permit issued for a wind facility shall be valid for 25 years, unless
extended or renewed. The time period may be extended or the permit renewed by
the Board of Appeals upon satisfactory operation of the facility. Request for
renewal must be submitted at least 60 days prior to expiration of the special
permit. Submitting a renewal request shall allow for continued operation of the
facility until the Board of Appeals acts. At the end of that period (including
extensions and renewals), the wind facility shall be removed as required by this
section.



                                         264
The applicant or facility owner shall maintain a phone number and identify a
responsible person for the public to contact with inquiries and complaints
throughout the life of the project.

5.11.12 Application Process and Requirements

5.11.12.1
The application for a wind facility shall be filed in accordance with the rules and
regulations of the Board of Appeals. Each application for a special permit shall be
filed by the applicant with the city or town clerk pursuant to section 9 of chapter
40A of the Massachusetts General Laws.

5.11.12. 2 Required Documents
The applicant shall provide the Board of Appeals with five (5) copies of the
application. All plans and maps shall be prepared, stamped and signed by a
professional engineer licensed to practice in Massachusetts. Included in the
application shall be:
(a) Name, address, phone number and signature of the applicant or his agent, as
well as all co-applicants or property owners or their agents, if any.
(b) The name, contact information and signature of any agents representing the
applicant.
(c) Documentation of the legal right to use the wind facility site.

5.11.12.3 Site Plan Approval
The applicant shall fully comply with all the requirements of Sec. 3.0 of the
Zoning By-laws (“Site Plan Approval”).

5.11.3 Compliance Documents
If required under previous sections of this by-law, the applicant will provide with
the application:
(a) a description of financial surety that satisfies 5.11.10.3 of this section,
(b) proof of liability insurance that satisfies Section 5.11.5.3 of this section,
(c) certification of height approval from the FAA
Petition by for Paul Schneiders and 14 others

FINANCE COMMITTEE MOTION:
MOVED: That the Zoning By-law be amended by adding a new Section 5.12,
Wind Energy By-law, established for the purposes of providing construction
and operation of wind facilities and to provide standards for placement,
design, construction, monitoring, modification and removal of wind facilities
that address public safety, minimize impacts on scenic, natural and historic
resources of the Town and provide adequate financial assurance for
decommissioning, as printed in the Town Meeting Warrant.

                  FINANCE COMMITTEE VOTE:                 5-1-0




                                       265
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law be amended by adding a new Section 5.12,
Wind Energy By-law, established for the purposes of providing construction
and operation of wind facilities and to provide standards for placement,
design, construction, monitoring, modification and removal of wind facilities
that address public safety, minimize impacts on scenic, natural and historic
resources of the Town and provide adequate financial assurance for
decommissioning, as printed in the Town Meeting Warrant.

                     PLANNING BOARD VOTE:               5-0-0

Finance Committee Chairperson Dave Emhardt moved Article 18 as printed in the
warrant by adding a new section 5.11 Wind Energy By-law to the Zoning By-law.

The majority of the Finance Committee supports adoption of this Article. The
Finance Committee felt that having a By-Law in place was better than not having
one, with the hope that refinement and improvements to this by-law will be made
over time.

Planning Board Chairperson Jeremy Comeau stated that the Board voted
unanimously to support adoption of this article as printed.

This by-law change would establish a Special Permit for the construction and
operation of wind facilities. This article would provide standards for the
placement, design, construction, monitoring, modification and removal of wind
facilities. As it would be a Special Permit, any petition for a wind facility would
need approval of the ZBA and a recommendation from the Planning Board.

This by-law includes standards regarding height, setbacks, color, lighting, signage,
utility connections, appurtenant structures and noise, insurance, and demolition.

The Planning Board voted to recommend this article as we would like to
encourage alternative energy use by both private applicants as well as possible use
by the Town of Canton as a way to reduce the cost of energy in the municipal
budget.

Attorney Paul Schneiders, representing the Bank of Canton, moved the following
amendments which had been requested by members of the Finance Committee, the
Zoning Board, the Building Commissioner and others. They are not the
proponent’s amendments; however, the proponent is not opposed to any of these
amendments although it will result in additional cost to the proponent. The
amendments are:

         Section 5.11.2: ADD: “Wind monitoring devices for non-commercial
         use which are not more than 40 feet in height shall be exempt from this
         by-law.”




                                        266
         Section 5.11.6.2: ADD: “The Zoning Board of Appeals has specific
         authority to determine the number of wind facilities that may be located
         on any one site and the distance away from one another in order to assure
         public safety and minimal impact on the environment.”

         Section 5.11.9.1: ADD: “The applicant shall provide to the Canton
         Building Commissioner for his or her review every five years a report
         signed by a structural engineer as to the current structural soundness and
         condition of the wind energy structure or structures.”

         Section 5.11.5.3: ADD: “The applicant shall also provide a form of
         security through bond or otherwise to cover the cost of the Town
         enforcing any provisions of the Zoning Board decision.”

Mr. Emhardt stated that these amendments do address the concerns that the
Finance Committee did have.

VOTED: That the Zoning By-law be amended by adding a new Section 5.11,
Wind Energy By-law, established for the purposes of providing construction and
operation of wind facilities and to provide standards for placement, design,
construction, monitoring, modification and removal of wind facilities that address
public safety, minimize impacts on scenic, natural and historic resources of the
Town and provide adequate financial assurance for decommissioning, as printed
in the Town Meeting Warrant.

5.11 Wind Energy By-law

5.11.1 Purpose
The purpose of this by-law is to provide by special permit for the construction and
operation of wind facilities and to provide standards for the placement, design,
construction, monitoring, modification and removal of wind facilities that address
public safety, minimize impacts on scenic, natural and historic resources of the
city or town and provide adequate financial assurance for decommissioning.

5.11.2 Applicability
This section applies to all utility-scale and on-site wind facilities proposed to be
constructed after the effective date of this section. It does not apply to single stand-
alone turbines under 60 kilowatts of rated nameplate capacity. Any physical
modifications to existing wind facilities that materially alters the type or increases
the size of such facilities or other equipment shall require a special permit. Wind
monitoring devices for non-commercial use which are not more than 40 feet in
height shall be exempt from this by-law.

5.11.3 Definitions

Utility-Scale Wind Facility: A commercial wind facility, where the primary use
of the facility is electrical generation to be sold to the wholesale electricity
markets.

                                         267
On-Site Wind Facility: A wind project, which is located at a commercial,
industrial, agricultural, institutional, or public facility that will consume more than
50% of the electricity generated by the project on-site.

Height: The height of a wind turbine measured from natural grade to the tip of the
rotor blade at its highest point, or blade-tip height.

Rated Nameplate Capacity: The maximum rated output of electric power
production equipment. This output is typically specified by the manufacturer with
a “nameplate” on the equipment.

Special Permit Granting Authority: The Special Permit Granting Authority shall
be the Zoning Board of Appeals (Board of Appeals).

Substantial Evidence: Such evidence as a reasonable mind might accept as
adequate to support a conclusion.
Wind Facility: All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is not limited to,
transmission, storage, collection and supply equipment, substations, transformers,
service and access roads, and one or more wind turbines.

Wind Monitoring or Meteorological Tower: A temporary tower equipped with
devices to measure wind speeds and direction, used to determine how much wind
power a site can be expected to generate.

Wind turbine: A device that converts kinetic wind energy into rotational energy
that drives an electrical generator. A wind turbine typically consists of a tower,
nacelle body, and a rotor with two or more blades.

5.11.4 General Requirements

5.11.4.1 Special Permit Granting Authority
No wind facility over 60 kilowatts of rated nameplate capacity shall be erected,
constructed, installed or modified as provided in this section without first
obtaining a permit from the Board of Appeals. The construction of a wind facility
shall be permitted in any zoning district subject to the issuance of a Special Permit
and provided that the use complies with all requirements set forth in sections
hereunder. All such wind energy facilities shall be constructed and operated in a
manner that minimizes any adverse safety and environmental impacts. No special
permit shall be granted unless the Board of Appeals finds in writing that:

(a) the specific site is an appropriate location for such use;
(b) the use is not expected to adversely affect the neighborhood;
(c) there is not expected to be any serious hazard to pedestrians or vehicles from
the use;
(d) no nuisance is expected to be created by the use; and



                                         268
(e) adequate and appropriate facilities will be provided for the proper operation of
the use.
Such permits may also impose reasonable conditions and safeguards and may
require the applicant to implement all reasonable measures to mitigate unforeseen
adverse impacts of the wind facility, should they occur.

Wind monitoring or meteorological towers shall be permitted in all zoning districts
subject to issuance of a building permit for a temporary structure and subject to
reasonable regulations concerning the bulk and height of structures and
determining yard-size, lot area, setbacks, open space, parking, and building
coverage requirements

5.11.4.2 Compliance with Laws, Ordinances and Regulations
The construction and operation of all such proposed wind facilities shall be
consistent with all applicable local, state and federal requirements, including but
not limited to all applicable safety, construction, environmental, electrical,
communications and aviation requirements.

5.11.5.3 Proof of Liability Insurance
The applicant shall be required to provide evidence of liability insurance in an
amount and for a duration sufficient to cover loss or damage to persons and
structures occasioned by the failure of the facility. The applicant shall also
provide a form of security through bond or otherwise to cover the cost of the Town
enforcing any provisions of the Zoning Board decision.

5.11.5.4 Site Control
At the time of its application for a special permit, the applicant shall submit
documentation of actual or prospective control of the project site sufficient to
allow for installation and use of the proposed facility. Documentation shall also
include proof of control over setback areas and access roads, if required. Control
shall mean the legal authority to prevent the use or construction of any structure
for human habitation within the setback areas.

5.11.6 Standards

5.11.6.1 Height
Wind facilities shall be no higher than 250 feet above the current grade of the land,
provided that the Board of Appeals may allow wind facilities to exceed 250 feet if:
(a) the applicant demonstrates by substantial evidence that such height reflects
industry standards for a similarly sited wind facility;
(b) such excess height is necessary to prevent financial hardship to the applicant,
and
(c) the facility satisfies all other criteria for the granting of a special permit under
the provisions of this section.




                                         269
5.11.6.2 Setbacks
Wind turbines shall be set back a distance equal to 1.0 times the overall blade tip
height of the wind turbine from the nearest existing residential or commercial
structure and 100 feet from the nearest property line and private or public way.
The Zoning Board of Appeals has specific authority to determine the number of
wind facilities that may be located on any one site and the distance away from one
another in order to assure public safety and minimal impact on the environment.

5.11.6.3 Setback Waiver
The Board of Appeals may reduce the minimum setback distance as appropriate
based on site-specific considerations if the project satisfies all other criteria for the
granting of a special permit under the provisions of this section.

5.11.7 Design Standards

5.11.7.1 Color and Finish
The Board of Appeals shall have discretion over the turbine color, although a
neutral, non-reflective exterior color designed to blend with the surrounding
environment is encouraged.

5.11.7.2 Lighting
Wind turbines shall be lighted only if required by the Federal Aviation
Administration. Lighting of other parts of the wind facility, such as appurtenant
structures, shall be limited to that required for safety and operational purposes, and
shall be reasonably shielded from abutting properties.

5.11.7.3 Signage
Signs on the wind facility shall comply with the requirements of the town’s sign
regulations

5.11.7.4 Advertising
Wind turbines shall not be used for displaying any advertising except for
reasonable identification of the manufacturer or operator of the wind energy
facility.

5.11.7.5 Utility Connections
Reasonable efforts shall be made to locate utility connections from the wind
facility underground, depending on appropriate soil conditions, shape, and
topography of the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be above ground if required by the
utility provider.

5.11.7.6 Appurtenant Structures
All appurtenant structures to such wind facilities shall be subject to reasonable
regulations concerning the bulk and height of structures and determining yard
sizes, lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to, equipment shelters,
storage facilities, transformers, and substations, shall be architecturally compatible

                                          270
with each other and shall be contained within the turbine tower whenever
technically and economically feasible. Structures shall only be used for housing of
equipment for this particular site. Whenever reasonable, structures should be
shaded from view by vegetation and/or located in an underground vault and joined
or clustered to avoid adverse visual impacts.

5.11.7.7 Support Towers
Monopole towers are the preferred type of support for the Wind Facilities.

5.11.8 Safety, Aesthetic and Environmental Standards

5.11.8.1 Emergency Services
The applicant shall provide a copy of the project summary and site plan to the
local emergency services entity, as designated by the Board of Appeals. Upon
request the applicant shall cooperate with local emergency services in developing
an emergency response plan.

5.11.8.2 Unauthorized Access
Wind turbines or other structures which are part of a wind facility shall be
designed to prevent unauthorized access.

5.11.8.3 Noise
The wind facility and associated equipment shall conform with the provisions of
the Department of Environmental Protection’s Division of Air Quality Noise
Regulations (310 CMR 7.10), unless the Department and the Board of Appeals
agree that those provisions shall not be applicable. A source of sound will be
considered to be violating these regulations if the source increases the broadband
sound level by more than 10 dB(A) above ambient.

These criteria are measured both at the property line and at the nearest inhabited
residence. Ambient is defined as the background A-weighted sound level that is
exceeded 90% of the time measured during equipment hours. The ambient may
also be established by other means with consent from the Department of
Environmental Protection (DEP). An analysis prepared by a qualified engineer
shall be presented to demonstrate compliance with these noise standards if
required by the Board of Appeals.

The Board of Appeals, in consultation with DEP, shall determine whether such
violations shall be measured at the property line or at the nearest inhabited
residence.

5.11.8.4 Land Clearing, Soil Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the wind facility and is otherwise
prescribed by applicable laws, regulations, and ordinances.

5.11.9 Monitoring and Maintenance


                                       271
5.11.9.1 Facility Conditions
The applicant shall maintain the wind facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs, and integrity of
security measures. Site access shall be maintained to a level acceptable to the local
Fire Chief and Emergency Medical Services. The project owner shall be
responsible for the cost of maintaining the wind facility and any access road,
unless accepted as a public way, and the cost of repairing any damage occurring as
a result of operation and construction. The applicant shall provide to the Canton
Building Commissioner for his or her review every five years a report signed by a
structural engineer as to the current structural soundness and condition of the wind
energy structure or structures.

5.11.9.2 Modifications
All material modifications to a wind facility made after issuance of the special
permit shall require approval by the Board of Appeals as provided in this section.

5.11.10 Abandonment or Decommissioning

5.11.10.1 Removal Requirements
Any wind facility which has reached the end of its useful life or has been
abandoned shall be removed. When the wind facility is scheduled to be
decommissioned, the applicant shall notify the town by certified mail of the
proposed date of discontinued operations and plans for removal. The
owner/operator shall physically remove the wind facility no more than 150 days
after the date of discontinued operations. At the time of removal, the wind facility
site shall be restored to the state it was in before the facility was constructed or any
other legally authorized use. More specifically, decommissioning shall consist of:

(a) Physical removal of all wind turbines, structures, equipment, security barriers
and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local and state
waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The
special permit granting authority may allow the owner to leave landscaping or
designated below-grade foundations in order to minimize erosion and disruption to
vegetation.

5.11.10.2 Abandonment
Absent notice of a proposed date of decommissioning, the facility shall be
considered abandoned when the facility fails to operate for more than one year
without the written consent of the Board of Appeals. The Board of Appeals shall
determine in its decision what proportion of the facility is inoperable for the
facility to be considered abandoned. If the applicant fails to remove the wind
facility in accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the town shall have the
authority to enter the property and physically remove the facility.

                                         272
5.11.10.3 Financial Surety
The Board of Appeals may require the applicant for utility scale wind facilities to
provide a form of surety through a bond or otherwise to cover the cost of removal
in the event the town must remove the facility. The amount of said surety shall be
determined by the Board of Appeals, but in no event shall the amount exceed more
than 125 percent of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the applicant. Such surety will not
be required for municipally or state-owned facilities. The applicant shall submit a
fully inclusive estimate of the costs associated with removal, prepared by a
qualified engineer. The amount shall include a mechanism for Cost of Living
Adjustment.

5.11.11 Term of Special Permit
A special permit issued for a wind facility shall be valid for 25 years, unless
extended or renewed. The time period may be extended or the permit renewed by
the Board of Appeals upon satisfactory operation of the facility. Request for
renewal must be submitted at least 60 days prior to expiration of the special
permit. Submitting a renewal request shall allow for continued operation of the
facility until the Board of Appeals acts. At the end of that period (including
extensions and renewals), the wind facility shall be removed as required by this
section.

The applicant or facility owner shall maintain a phone number and identify a
responsible person for the public to contact with inquiries and complaints
throughout the life of the project.

5.11.12 Application Process and Requirements

5.11.12.1
The application for a wind facility shall be filed in accordance with the rules and
regulations of the Board of Appeals. Each application for a special permit shall be
filed by the applicant with the city or town clerk pursuant to section 9 of chapter
40A of the Massachusetts General Laws.

5.11.12. 2 Required Documents
The applicant shall provide the Board of Appeals with five (5) copies of the
application. All plans and maps shall be prepared, stamped and signed by a
professional engineer licensed to practice in Massachusetts. Included in the
application shall be:
(a) Name, address, phone number and signature of the applicant or his agent, as
well as all co-applicants or property owners or their agents, if any.
(b) The name, contact information and signature of any agents representing the
applicant.
(c) Documentation of the legal right to use the wind facility site.




                                       273
5.11.12.3 Site Plan Approval
The applicant shall fully comply with all the requirements of Sec. 3.0 of the
Zoning By-laws (“Site Plan Approval”).

5.11.3 Compliance Documents
If required under previous sections of this by-law, the applicant will provide with
the application:
(a) a description of financial surety that satisfies 5.11.10.3 of this section,
(b) proof of liability insurance that satisfies Section 5.11.5.3 of this section,
(c) certification of height approval from the FAA

ADOPTED MAJORITY VOICE VOTE, MORE THAN TWO-THIRDS

VOTED: To adjourn the Town Meeting sine die.

Adjourned at 11:14pm.

Attest:


Tracy K. Kenney
Town Clerk




                                       274
                           INDEX


ALMANAC                                          7
ANIMAL CONTROL DEPARTMENT/ANIMAL SHELTER         23
APPOINTMENTS                                      8
ASSESSORS                                       25
BEAUTIFICATION COMMITTEE                         26
BIRTHS                                          105
BLUE HILLS REGIONAL DISTRICT SCHOOL COMMITTEE    84
BUILDING DEPARTMENT                             28
BUILDING RENOVATION COMMITTEE                    30
CABLE ADVISORY COMMITTEE                         32
CONSERVATION COMMISSION                         33
COUNCIL ON AGING                                35
DEATHS                                          111
DIRECTOR OF FINANCE                             37
EMERGENCY MANAGEMENT AGENCY                     45
FIRE DEPARTMENT                                 46
HEALTH DEPARTMENT                                48
HISTORICAL COMMISSION                            53
HOUSING AUTHORITY                                54
HUMAN RESOURCES                                  56
IMPORTANT INFORMATION                            7
LIBRARY                                         58
LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)        61
MARRIAGES                                       118
MASSACHUSETTS WATER RESOURCES AUTHORITY         62
         (MWRA) ADVISORY BOARD
METROPOLITAN AREA PLANNING COUNCIL               63
NORFOLK COUNTY COMMISSIONERS                    74


                            275
NORFOLK COUNTY MOSQUITO CONTROL PROJECT          75
PLANNING BOARD                                   76
POLICE DEPARTMENT                                78
PUBLIC BUILDING & PROPERTY MAINTENANCE           80
PUBLIC WORKS DEPARTMENT                          81
RECREATION COMMISSION                            83
SCHOOL COMMITTEE                                 87
SCHOOL SUPERINTENDENT                            87
SELECTMEN                                        17
TELEPHONE NUMBERS                         Back Cover
TOWN CLERK                                      103
TOWN COUNSEL                                     99
TOWN OFFICERS                                    10
TOWN MEETINGS
ANNUAL –                                        129
VETERAN’S SERVICES                               94
WATER/SEWER RATE & POLICY COMMITTEE              96
ZONING BOARD OF APPEALS                          97




                          276
EMERGENCY NUMBERS                   911
Fire & Ambulance                    911
Police                              781-828-1212


FOR INFORMATION                   CALL                           AT


Bills & Accounts                    Town Accountant          781-821-5010
Birth Certificates                  Town Clerk               781-821-5013
Building Permits                    Building Commissioner    781-821-5003
Cemetery                            Public Works             781-821-5040
Conservation Commission                                      781-821-5035
Council on Aging                    Director                 781-828-1323
Death Certificates                  Town Clerk               781-821-5013
Dog Licenses                        Town Clerk               781-821-5013
Animal Control                      Animal Control Officer   781-575-6507
Elections                           Town Clerk               781-821-5013
Engineering                         Engineering Office       781-821-5063
Town Administrator                  Selectmen’s Office       781-821-5000
Finance Director                    Finance Dept.            781-575-6610
Fire Business                       Fire Dept.               781-821-5095
Fire Permits                        Fire Dept.               781-821-5095
Fishing, Hunting Licenses, etc.     Town Clerk               781-821-5013
Forestry                            Public Works             781-821-5023
Fuel Oil Storage                    Fire Dept.               781-821-5095
Gas Inspector                       Building Dept.           781-821-5003
Health Information                  Health Dept.             781-821-5021
Library                             Library                  781-821-5027
Marriage Certificates               Town Clerk               781-821-5013
Metropolis Rink                     Recreation               781-575-6660
Municipal Legal Matters             Town Counsel             781-821-5000
Planning Board                      Planning Board           781-821-5019
Plumbing Inspector                  Building Dept.           781-821-5003
Police Business                     Police Dept.             781-821-5090
Recreation Dept.                    Director                 781-821-5030
Schools                             School Administration    781-821-5060
Sewers/Streets                      Public Works             781-821-5023
Tax Assessment                      Board of Assessors       781-821-5008
Tax Collection                      Town Collector           781-821-5006
Town Hall                           Custodian                781-821-5015
Treasurer/Collector                 Town Treasurer           781-821-5006
Veterans’ Services                  Veterans’s Agent         781-821-5005
Voting Registration                 Board of Registrars      781-821-5013
Water Billing                       Public Works             781-821-5017
Wiring Permits                      Building Dept.           781-821-5003
Zoning Enforcement                  Building Commissioner    781-821-5003
Zoning Board of Appeals                                      781-575-6589

				
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