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PB February 1 2012

Planning · Source meeting date: 2012-02-01 · Record 39697

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Saved text from 2 of 21 source pages. Transcription and OCR may contain errors; verify figures and wording against the original.

Source page 1

PLANNING BOARD MEETING 
WEDNESDAY FEBRUARY 1, 2012 
SALAH MEETING ROOM 
7:00 P.M. 
TOWN HALL 
 
MINUTES 
 
Members Present: Kristin Mirliani, Chairman, Jeremy Comeau, Vice Chairman, 
George Jenkins, Gary Vinciguerra 
Also present: Tom Houston PSC, Winifred Smith, Administrative Assistant 
 
Chairman Kristin Mirliani 
Called to order the Planning Board 
 meeting of February 1, 2012 
 
Ms. Mirliani 
 – Jeremy Comeau, would like a moment before we begin: 
Jeremy Comeau 
 - I would like to extend my thanks to the Town for their support during 
this time (the passing of his father, Joe) He commented that his entire family is grateful 
for the support they received, and wants to acknowledge his appreciation for that support. 
He states it was a tough time but it was made a little bit easier because of the turnout for 
the funeral and all the cards and words of encouragement and support he and his family 
received. He thanked the assembly. 
Ms. Mirliani First item 
 – on the agenda this evening is a proposal to amend the zoning 
by-law by renumbering section 6.3 – 6.14 with no substantive changes to the by-laws 
therein 
Mr. Comeau 
 – this year I was undergoing a major reading of the zoning by-laws and 
with a member of the zoning board we found different issues with the current re-codified 
by-laws. We re-codified the by-laws two years ago and we found there were other issues. 
Last year we put the CCEOD back into the zoning by-laws so this year we found some 
other issues this relates to section 6.3 – 6.14 apparently in the current by-laws there are 
two 6.3s and the purpose of this article is to renumber it no changes to any of the wording 
in the by-law it’s just renumbering to make it easier to read. 
Ms. Mirliani 
 – any person in the audience wishing to speak on this item, we are missing 
a couple of members of the board tonight, I think its o.k. that we take a vote. 
Mr. Comeau 
 – I forgot we need to open the public hearing. I make a motion we open 
Mr. Vinciguerra 
the public hearing. Seconded. () 
Ms. Mirliani Mr. Jenkins 
 – all those in favor 3 ( not yet present) 
Mr. Comeau 
 – I make a motion we now close the public hearing after reinserting what I 
said before. 
 
Pat Johnson 
 – I see that you are renumbering this from 6.3 – 6.4 there are two 6.3s but 
there are two 6.4s 
 
Mr. Comeau 
 – basically it just moving all the numbers

Source page 2

Ms. Mirliani 
 – we are renumbering 6.3 - 6.6 
Anyone else wishing to speak on this? 
Mr. Comeau 
 – I make a motion we send a favorable recommendation to Town meeting 
on the article we do not have a number for yet, but it is to amend the zoning by-law by 
renumbering 6.3 – 6.6.14 with no substantive changes to the by-laws therein. – seconded 
Mr. Vinciguerra 
() 
Ms. Mirliani 
 – all those in favor 3, opposed 0, passes. Moving on to the next item on 
the agenda to amend the zoning by-law by striking from section 11.0 the following 
words: or what it will do in relation thereto. 
Mr. Comeau 
 – Madame Chair I make a motion we open the public hearing slated for 
7:10 
Ms. Mirliani 
 – all those in favor 3, opposed 0 
Mr. Comeau 
 – Madame Chair I make a motion to waive the public notice reading. 
Ms. Mirliani 
 – all those in favor 3 – opposed 0 
Mr. Comeau 
 – again this is just a house keeping item. On page 135 in bold print it says 
“or what it will do in relation thereto” that is a misprint it was a part of an article for 
Town Meeting but it doesn’t necessarily have to be in the Town by-laws so this is just an 
article to deleted from the section. 
Ms. Mirliani 
 – anyone wishing to speak on this. 
Mr. Comeau 
 – Madame Chair I make a motion that we close the public hearing. 
Seconded 
Ms. Mirliani 
 – all those in favor 3 opposed 0 
Mr. Comeau 
 – I make a motion we send a favorable recommendation to Town Meeting 
on the article to amend the zoning by-law by striking from the section 11 the following 
words “Or what it will do in relation thereto” – seconded 
Ms. Mirliani 
 – all those in favor 3 opposed 0 
Mr. Comeau 
 – Madame chair it is now 7:15 I would like to make a motion to open the 
public hearing slated for 7:15 to amend the zoning by-law by deleting section 10.3.1 
establishment and inserting a new section 10.3.1 establishment - so moved 
Mr. Vinciguerra 
 – seconded 
Ms. Mirliani 
 – all those in favor 3-0 
Mr. Comeau 
 – I make a motion that we waive the reading of the public hearing notice 
seconded 
Ms. Mirliani 
 – all those in favor 3-0 
Mr. Comeau 
 – again just another house keeping item, if you look on page 111, it talks 
about the establishment of the planning board and it says establishment needs something 
from the charter or general by-laws. Who ever did the recodification put in a place 
holder for themselves to go back an put in what I am now suggesting we put in. It will 
say as follows 10.3.1: Establishment – Planning board is established under previously 
adopted sections 81A-81GG of Chapter 41 of the Mass G.L. as well as article 11 section 
1 of the by-laws of the Town of Canton 
Mr. VinciguerraMr. Houston 
 – asks in your experience is this consistent with language 
you have seen? 
 
Mr. Houston 
 - I’m not sure I have commonly seen this approach or provision in the 
zoning by-laws. I would say more commonly it just starts off with what the special 
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