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2019 Attorney General approval letter (PDF) pdf file

Town Meeting · Record year 2019 · Record 0ca55013d6158cc79b

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THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL

CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608

Maura HEALEY
(508) 792-7600

ATTORNEY GENERAL                                                                           (508) 795-1991 fax
www.mass.gov/ago

September 11, 2019

Tracy K. Kenney, Town Clerk
Town of Canton

801 Washington Street
Canton, MA 02021

RE: Canton Annual Town Meeting of May 13, 2019 - Case # 9544
Warrant Articles # 29, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42 (Zoning)
Warrant Articles # 11, 22, 25, and 27 (General)

Dear Ms. Kenney:

Articles 11, 22, 25, 27, 29, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42 - We approve
these Articles, and the map amendments related to Article 40, from the May 13, 2019 Canton
Annual Town Meeting. We will send the approved map to you by regular mail. Our comments on
Articles 11, 27, 33, 34, 35, and 37 are provided below.

Article 11 - Article 11 was a vote to amend Article VIII, Section 6 to establish two new
revolving funds, the Paul Revere Heritage Site Museum and the Paul Revere Heritage Rolling Mill and
Open Space revolving funds.’ The revenue source for these revolving funds includes grants, gifts,
and donations. It is unclear whether “gifts” and “donations” referred to are actually “fees” for
programs and services, or if the donations are true “gifts.” General Laws Chapter 44, Section 53A,
pertains to the acceptance and expenditure of grants and gifts, and requires:

An officer or department of any...town, or of any regional school or other district, may
accept grants or gifts of funds from the federal government and from a charitable
foundation, a private corporation, or an individual, or from the commonwealth, a county
or municipality or an agency thereof, and in the case of any grant or gift given for
educational purposes may expend said funds for the purposes of such grant or gift with
the approval of the school committee, and in the case of any other grant or gift may

' Articles 11 was also a vote to: (1) petition the Legislature for a special Act to create a nonprofit corporation
to be known as the “Revere and Son Heritage Trust Inc.,” and (2) set the spending limit amounts for various
revolving funds that were established under Article VIIL, Section 6. We take no action on these portions
Articles 11°s because they are not by-law amendments and are not subject to review and approval by the
Attorney General. See G.L. c. 40, § 32.

expend such funds for the purposes of such grant or gift...in towns with the approval
of the board of selectmen...

Further, Section 53A provides that “[n]otwithstanding the provisions of section fifty-three,
any amounts so received by an officer or department of a city, town or district shal] be deposited
with the treasurer of such city, town or district and held as a separate account and may be expended
as aforesaid by such officer or department receiving the grant or gift without further
appropriation.” The Town should consult with Town Counsel to ensure that any gifts or donations
deposited in the Town’s Paul Revere Heritage Site Museum and the Paul Revere Heritage Rolling
Mill and Open Space revolving funds comply with the requirements of G.L. c. 44, § 53A and § 53E
Yo.

Articles 33, 34, 35, and 37 - Based on the Attorney General’s limited standard of review
of town by-laws, we approve Articles 33, 34, 35, and 37. However, for the reasons explained
below, the Town should consult closely with Town Counsel before applying the by-law
amendments to any substance abuse treatment facility to avoid violating the Massachusetts Zoning
Act, Americans with Disabilities Act (42 U.S.C. §§, 12132 et seq.), the Rehabilitation Act (29
U.S.C. § 794(a)), and the Fair Housing Act (42 U.S.C. § 3604(f)(1) et seq.)).

In the decision below, we briefly describe Articles 33, 34, 35, and 37; discuss the Attorney
General’s standard of review of town by-laws under G.L. c. 40, § 32; and then explain why,
governed as we are by that standard, we must approve these Articles because, on their face, they
do not present a sharp conflict with state and federal law. We emphasize that our approval in no
way implies any agreement or disagreement with the policy views that led to the passage of these
by-laws. The Attorney General’s limited standard of review requires her to approve or disapprove
by-laws based solely on their consistency with state and federal law, not on any policy views she
may have on the subject matter or wisdom of the by-law. Amherst v. Attorney General, 398 Mass.
793, 795-96, 798-99 (1986).

I        Description of Articles 33, 34, 35, and 37

Article 33 amends the Town’s zoning by-laws to add new definitions and amend existing
definitions of the health care related uses. Specifically, Article 33 adds a new definition for
“substance abuse detoxification or treatment center” as follows:

A residential unit, treatment unit, detoxification facility, or other facility licensed by the
Department under 105 CMR 164.00. This may include in-patient or out-patient facilities
providing care coordination, case management, medical, pharmacological, psychological,
psycho-educational, rehabilitative, or social services and therapies. A substance abuse
facility that offers both inpatient and outpatient services would be defined as an in-patient
facility, per Section 4.2.7. A substance abuse facility that offer only outpatient services
would be treated as an outpatient facility, per Section 4.2.8. This does not include hospitals,
long-term care facilities, clinics or medical offices or groups of offices, such as drug or
alcohol counselors where no medication is provided on-site.

Article 34 amends the Town’s Table of Use Regulations to allow for health care related
uses in various zoning districts in the Town. Specifically, one change allows hospitals, long-term
care facilities, substance abuse detoxification or treatment centers by special permit in the Town’s

Light Industrial, Light Industrial (B), and Light Industrial (C) Districts and prohibits such uses in
all of the Town’s other zoning districts.

Article 35 adds new Sections 4.2.7 and 4.2.8, special regulations for hospital, long term-
care facilities, health care facilities and substance abuse detoxification or treatment centers. The
new Sections 4.2.7 and 4.2.8 impose infrastructure, landscaping, and dimensional requirements on
such uses,

Lastly, Article 37 amends Section 6.1 “Off-Street Parking,” to add parking requirements
for hospital, long term-care facilities, health care facilities and substance abuse detoxification or
treatment centers.

i.      Attorney General’s Standard of Review and General Zoning Principles

Pursuant to G.L. c. 40, § 32, the Attorney General has a “limited power of disapproval,”
and “{iJt is fundamental that every presumption is to be made in favor of the validity of municipal
by-laws.” Amherst, 398 Mass. at 795-96. The Attorney General does not review the policy
arguments for or against the enactment. Id. at 798-99 (“Neither we nor the Attorney General may
comment on the wisdom of the town’s by-law.”) Rather, in order to disapprove a by-law (or any
portion thereof), the Attorney General must cite an inconsistency between the by-law and the state
Constitution or laws. Id. at 796. “As a general proposition the cases dealing with the repugnancy
or inconsistency of local regulations with State statutes have given considerable latitude to
municipalities, requiring a sharp conflict between the local and State provisions before the local
regulation has been held invalid.” Bloom, 363 Mass. at 154 (emphasis added). “The legislative
intent to preclude local action must be clear.” Id. at 155. Massachusetts has the “strongest type of
home rule and municipal action is presumed to be valid.” Connors y. City of Boston, 430 Mass.
31, 35 (1999) (internal quotations and citations omitted).

Articles 33, 34, 35, and 37 as amendments to the Town’s zoning by-laws, must be accorded
deference. W.R. Grace & Co. v. Cambridge City Council, 56 Mass. App. Ct. 559, 566 (2002)
(“With respect to the exercise of their powers under the Zoning Act, we accord municipalities
deference as to their legislative choices and their exercise of discretion regarding zoning orders.”).
When reviewing zoning by-laws for consistency with the Constitution or laws of the
Commonwealth, the Attorney General’s standard of review is equivalent to that of a court. “[T]he
proper focus of review of a zoning enactment is whether it violates State law or constitutional
provisions, is arbitrary or unreasonable, or is substantially unrelated to the public health, safety or
general welfare.” Durand v. IDC Bellingham, LLC, 440 Mass. 45, 57 (2003). Because the
adoption of a zoning by-law by the voters at Town Meeting is both the exercise of the Town’s
police power and a legislative act, the vote carries a “strong presumption of validity.” Id. at 51.
“Zoning has always been treated as a local matter and much weight must be accorded to the
judgment of the local legislative body, since it is familiar with local conditions.” Concord v.
Attorney General, 336 Mass. 17, 25 (1957) (quoting Burnham v. Board of Appeals of Gloucester,
333 Mass. 114, 117 (1955)). “If the reasonableness of a zoning bylaw is even “fairly debatable, the
judgment of the local legislative body responsible for the enactment must be sustained.”” Durand,
440 Mass. at 51 (quoting Crall v. City of Leominster, 362 Mass. 95, 101 (1972)). Nevertheless,
where a zoning by-law conflicts with state or federal law or the Constitution, it is invalid. See

Zuckerman vy. Hadley, 442 Mass. 511, 520 (2004) (rate of development by-law of unlimited
duration did not serve a permissible public purpose and was thus unconstitutional). In general, a
municipality “is given broad authority to establish zoning districts regulating the use and
improvement of the land within its borders.” Andrews v. Amherst, 68 Mass. App. Ct. 365, 367-
368 (2007). However, a municipality has no power to adopt a zoning by-law that is “inconsistent
with the constitution or laws enacted by the [Legislature]... Home Rule Amendment, Mass. Const.
amend. art. 2, § 6.

III. Protections of Disabled Persons in State and Federal Law

Although we must approve Article 33, 34, 35, and 37 under the Attorney General’s limited
standard of review, the Town should consult closely with town Counsel when applying the by-
laws, and specifically those pertaining to substance abuse treatment centers, so that the Town does
not violate the numerous statutory protections for disabled persons in state and federal law.

A.      Massachusetts Zoning Act, G.L. c. 40A. § 3.4

The Massachusetts Zoning Act, G.L. c. 40A, § 3, § 4 prohibits town by-laws that have a
discriminatory effect on disabled persons, as follows:

Notwithstanding any general or special law to the contrary, local land use and health and
safety laws, regulations, practices, ordinances, by-laws and decisions ofa city or town shall
not discriminate against a disabled person. Imposition of health and safety laws or land-
use requirements on congregate living arrangements among non-related persons with
disabilities that are not imposed on families and groups of similar size or other unrelated
persons shal] constitute discrimination.

Persons suffering from drug addiction are considered disabled under G.L. c. 40A, § 3, and
facilities that serve this population are entitled to the protections of the statute. See S. Middlesex
Opportunity Council, Inc. v. Town of Framingham, 752 F. Supp. 2d 85, 95 (D. Mass. 2010)
(“Federal regulations define ‘handicap’ to include drug addiction or alcoholism that ‘substantially
limits one or more major life activities.’”) (citation omitted); Granada House, Inc. v. City of
Boston, 1997 WL 106688 at *9 (Mass. Super. Feb, 28, 1997) (“Massachusetts would look to
federal law, including the [Fair Housing Act], in interpreting the phrase ‘disabled person’ and
‘persons with disabilities’, and that by so doing, the [Massachusetts Zoning Act] must be read to
bar the City’s discriminatory treatment of a group home for recovering drug and alcohol users
under the Code.”); Spectrum Health Systems, Inc. v. City of Lawrence, No. 2015-288-C (Essex
Superior Ct.) (“Based upon the record now before this Court, the plaintiff Spectrum is entitled to
those protections set out under G.L. Ch. 40A, § 3, as amended.”).

In applying the by-laws, specifically during the special permit process, the Town must be
careful not to impose additional land use restrictions on substance abuse treatment centers that are
not imposed on similar uses in the Town because such restrictions would violate G.L. c, 40A, § 3.
See Brockton Fire Department v. St. Mary Broad Street, LLC, 181 F. Supp. 155, 157 (D. Mass.
2016) (ruling that the City could not enforce the Massachusetts Sprinkler Law, G.L. c. 148, § 26H,
against sober homes because such enforcement would constitute “facially disparate imposition of
the Sprinkler Law on a group residence sheltering disabled individuals.”); see also Jeffrey’s House,

4

Inc. v. City of Fitchburg, 2016 WL 4926415 at *7 (D. Mass. 2016) (Because the Massachusetts
Sprinkler Law “imposes a health and safety requirement on sober homes... which is not imposed
on homes housing families and certain unrelated groups of a similar size” it “runs afoul of the
[Massachusetts Zoning Act] where it is a ‘facially disparate’ statute which ‘shall constitute
discrimination.’ ”) (internal citations omitted), The Town should consult with Town Counsel on
this issue.

B.        The ADA, the Rehabilitation Act, and the Fair Housing Act

The Americans with Disabilities Act (42 U.S.C. §§, 12132 et seq.) (“ADA”), the
Rehabilitation Act (29 U.S.C. § 794(a)) (“RA”), and the Fair Housing Act (42 U.S.C. § 3604((1)
et seq.) (“FHA”) all prohibit municipal by-laws from discriminating against disabled persons.
“Under the ADA and FHA, a public entity such as the [Town] is prohibited from implementing a
zoning scheme that treats disabled individuals differently than non-disabled individuals.” U.S. v.
City of Baltimore, 845 F.Supp. 2d 640, 647-648 (D. Md. 2012) (Baltimore’s zoning code
requirement that residential substance abuse treatment programs obtain a conditional ordinance
before locating in any district for which they were otherwise eligible was facially discriminatory
in violation of the ADA and FHA). “[C]ourts have found ADA and FHA violations not only in
cases of specific zoning actions such as outright permit denials, but also in cases of burdensome
procedural zoning requirements uniquely placed on disabled individuals.” Id. at 648 (collecting
cases). Even if a local ordinance or by-law does not use the word “disability” it can be found to
discriminate against disabled persons if the effect is to impose unique land use burdens on disabled
persons. Community Housing Trust v. Dep’t of Consumer & Regulatory Affairs, 257 F.Supp.2d
208, 224-25 (D.D.C. 2003) (District of Columbia requirement that community based residential
facilities obtain a certificate of occupancy expressly targeted individuals with disabilities, even if
it did not use the word “disability,” and was thus facially discriminatory). “Response to community
pressure may support a finding that discriminatory animus motivated a defendant in enforcement
or regulation efforts.” Safe Haven Sober Houses, LLC v. Good, 82 Mass. App. Ct. 1112, *3 (2012)
(citing South Middlesex Opportunity Council, Inc. v. Framingham, 752 F. Supp. 2d 85, 95
(D.Mass, 2010). The Town should consult closely with Town Counsel when it applies the by-law
amendments related to substance abuse treatment center adopted under Article 33, 34, 35, and 37,
to avoid running afoul of these statutory protections.

Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the
Town has first satisfied the posting/publishing requirements of that statute. Once this
statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date
these posting and publishing requirements are satisfied unless a later effective date is
prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have
taken effect from the date they were approved by the Town Meeting, unless a later
effective date is prescribed in the by-law.

ce:

Town Counsel Paul DeRensis

Very truly yours,

MAURA HEALEY
ATTORNEY GENERAL
Kelli E. Gunagan

By: Kelli E, Gunagan
Assistant Attorney General
Municipal Law Unit

10 Mechanic Street, Suite 301
Worcester, MA 01608

(508) 792-7600

Any claim of invalidity by reason of any defect in the procedure of adoption or amendment to
the Zoning By-Law must be made with 90 days following the second publication of this notice.
Copies of article votes and maps are available for examination by the public in the office of the
Town Clerk in Town Hall, 801 Washington Street; at the Canton Public Library, 786
Washington Street; and on the Town website at town.canton.ma.us

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 15, 2019
SECOND SESSION

AUTHORIZE CERTAIN REVOLVING FUNDS
Article 11 To see what revolving funds, pursuant to c. 44, sectlon S3E ¥2 of the Generat Laws of the Commonwealth,

the Town will establish by by-law and to determine the limit on total amount that may be expended from said
revolving accounts, for various boards, commissions or departments of the town, for the fiscal year beginning July 1,
2019 and ending June 30, 2020, or to take any other action related thereto.

Board of Selectmen

Article 13 —      on 1
MOVED: That the General By Laws Article VILZ Section 16 be amended by adding a new revolving fund for

the Pau! Revere Heritage Site Museum as follows:

Departnient Board,
Committee, Agency or | Fees, Charges of Other
Offteer Authorized to       Recelpts Credited to        Program of Activity Expenses
Spend from Fund                  Fund

Payable from Fuad
Museum grants,

museum gifts, museum | Providing additional funding
endowments, museum | for museum maintenance
Paul Revere Heritage     contributions, museuny     expenses, operating expenses,     Hat al hae BED:
Committee             donatlons, museum      capltal expenses, repair         and subsequent
rentals, museund             expenses, building expenses,       years.
admission recelpts,          event expenses.
recelpts from events.

FINANCE COMMITTEE VOTE; 7-0

__ Revolving Fund                                                                                   Fiscal Years

#162 ~ Paul Revara
Heritage Site Museum
Fund

Robert Barker, Chalrperson of the Finance Committee, moved Article 11, Motion 1 as printed In the warrant.

ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED

Article 11 — Motion 2
MOVED:          That the General By Laws Article VIII Section 16 be amended by adding a new revolving

fund for Paul Revere Heritage Rolling Mill and Open Space as follows:

Department Goard,
Conimittee, Agency or        Fees, Charges of Other         Program of Activity
Olficer Authorized to          Receipts Credited to        Expenses Payable from
Spend from Fund                    Fund                           Fund
Rolling Mill, open space
o7 historical grants,
Rolling Mil, open space
or historical alits;,

_Revelving Fund                                                                                  Fiscal Years

#142 - Paul Revere
Herltage Site Rolling Mill
and Open Space Fund

Board of Selectmen

Rolling Mill, open space
or histarleal
endowments, Rolling
MI, open space or
historical contributions,
Rolling Mill, open space
or historical donations,
Rolling Mill rentals,
grounds rentals,
grounds use, recelpts
from events,

Providing additional
funding relative to the
Rolling Mill, Grounds and
Nuseum maintenance
expenses, operating
expenses, capital
expenses, repair
expenses building
expenses, event fees.

Fiscal Year 2020
and subsequent
years

and that the Board of Selectmen be hereby authorized to petition the General Court for a home rule
Special Act to create a municipal affiliated nonprofit corporation as a body politic and corporate pursuant
to chapter 180 of the General Laws or any other applicable statute to be known as “Revere & Son Heritage
Trust, Inc," whose board of trustees Is to be appointed by the Board of Selectmen of the Town of Canton

4

and the numbers of such board members are to be determined by the Board of Selectmen, for the purpose
of the creation and operation of an open-to-the-public Paul Revere Museum of Discovery and Innovation
and the Paul Revere Heritage Site located at Lots 3A and 3B as shown on the plan entitled “Subdivision
Plan of Land In Canton Massachusetts” prepared by VHB, Inc. and dated October 8, 2018, as determined
by the board of trustees; and further to authorize the General Court with the approval of the Board of
Selectmen to make changes in the language of the home rule petition to accomplish the public purpose

thereof.

FINANCE COMMITTEE VOTE: 7-0

Robert Barker, Chairperson of the Finance Committee, moved Article 11, Motion 2 as printed in the warrant.

ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION ADOPTED WITH ONE OPPOSING VOTE

Article 11 - Motion 3
MOVED:        That the spending limits for the revolving funds established pursuant to General By-Laws

Article VIII, Section 16 pursuant to the provisions of MGL chapter 44, section 53 E ¥/2 for the 2020 fiscal
year beginning July 1, 2019 through June 30, 2020 and that each Revolving Fund shall be credited with
the balance remaining In suck fund at the end of the FY 2019 as set forth below:

Revolving

Fund #                 Name of Revolving Fund                   FY20 Spending Limit
110                Veteran's Services Special Revenues                         $100,600
119                     Library Revolving Fund                    _       $75,000
130                    Recreation Revolving Fund                             $500,000
132                       Student Parking Fees                              $100,000
134                    Pequitside Farn) Rentals                           $50,000
135               Greenlodge Street Parking Fees                      $100,000

|     _136                       Beautification Fund                              $10,000

137              Animal Control Spectal Revenues

__138                 Library Building Rentals                        $50,000
140                      COA Revolving Fund          -                   $50,000
141              Board of Health Special Revenue                     $50,000         =;

Paul Revere Heritage Site Rolling Mill and

142          _             Gpen Space fund               7              $120,000 _
145                   Traffic Mitigation Fund                   ___ $50,000
152          Paul Revere Heritage Site Museum Fund                 $100,000

FINANCE COMMITTEE VOTE: 7-0

Robert Barker, Chairperson of the Finance Committee, moved Article 11, Motion 3 as printed In the warrant.

ADOPTED VOICE VOTE, MODERATOR DECLARED MOTION. ADOPTED

Attest:

}
aS             yr
Liat de           sa
=     ZO AAR
Tracy K. Kent ley, Canton Town Cler}:
a

ACT ON “CONSENT AGENDA“

ANNUAL TOWN MEETING
TOWN OF CANTON
ARTICLE 22
MAY 13, 2019
FIRST SESSION

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: 5, 6, 7, 8, 10, 13, 14,

15, 16, 22, 23, 24 and 43.

Article

Description

Collective Bargaining
Agreements under the BOS

Personal Service Contracts
under the BOS

Set Salaries of Elected
Officials

Pay Bills of Prior Fiscal
Year

Transfer Unexpended Prior

FINCOM

Motion

Adopt this article

Postpone
Indefinitely

Adopt thls article

Postpone
Indefinitely

VOTE

Reason

Non-controverslal.

Non-controversial.

Non-controversial.

There are none.

Year Appropriations                Adopt this article            7-0          Non-controversial.
Accept Laws Enacted by       Postpone                    4       |

43 | the General Court               indefinitely                oy       There Srsihigns;
Approve Funding for 4" of                                            -                 e

14      July Celebration                 Adopt thls article         8-0        Non-controversial,

Postpone

id       Insurance Proceeds             indefinitely                  8-0        There are none,
Rescind Unused Borrowing                                cs             .

16      Authorizations                 Adopt this article         7-0       Non-controverslal.

_            Amend General By-Law -                 a                     a             a

22        Composition of Mapping         Adopt thls article            8-0          Non-controversial,

—    Commission                   _              a       _
5-Year Lease for Fire Dept.                       ‘                .                g

23       Equipment Storage Space      Adapt this article          8-0        Non-controverslal.
Adopt Muni. Act - Speed                          ;                "                m

24        Limits & Safety Zones             Adopt this article            8-0          Non-controverslal.

43        Amend Veteran's Tax             Adopt this article           8-0         Non-controverslal.

Program

1

FINANCE COMMITTEE VOTE: 7-0

Robert Barker, Chairperson of the Finance Committee, moved a substitute motion that the following articles be
disposed of by a single vote, In accordance with the Finance committee motions as printed in the report of tive
Finance Committee: Articles 5, 6, 7, 10, 13, 14, 15, £6, 22, 23, 24 and 43.

Motion seconded.

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:  Articles 5, G, 7, £0, 13, 14, 15, 16, 22, 23, 24 and 43.

FINCOM
_ Motion                    VOTE |               Reason

8-0

__Description

Collective Bargaining

Agreements under the BOS                                                 Non-controversial,

Adopt this article

Postpone
indefinitely

Personal Service Contracts
under the BOS

Non-controversial.

Set Salarles of Elected
Officlats

Transfer Unexpended Prior
Year Appropriations
Accept Laws Enacted by
the General Court

Actopt this article                         Non-controversial.

Adopt this article                             Non-controversial,

Postpone

indefinitely                               There are nona.

Approve Funding for 4" of
July Celebration

Adopt this article                            Non-controversial.

Postpone
indefinitely

Insurance Proceeds                                                          There are none,

Rescilnd Unused Borrowing
Authorizations

Amend General By-Law -
Composition of Mapping
Commission

Adopt this article

Adopt this article

5-Year Lease for Fire Dept.
Equipment Storage Space
Adopt Muni. Act - Speed
Limits & Safety Zones

Amend Veteran’s Tax
Program

Adopt this article

ADOPTED UNANIMOUS VOICE VOTE

Article 22 adopted under the consent agenda, as follows:

ar TO 5 ee |

AMEND GENERAL BY-LAW RELATIVE TO THE COMPOSITION OF THE MAPPING COMMISSION
Article 22 To see if the Town will Amend General By-law Article 16 Section 17(b) by changing the wording
regarding the composition as follows:

By striking “Fhe-Mapping-Commissien-shall-consist-of the-Superintendent-of Public Works, the head of the
engineering-division-withia-the-Departraent- of Public Works-the-Fown-Piannaand the Infermation-Systems
Managervhe-shall- serve by-virtue-of their office-as

members-of-the- Mapping Commission
And adding “The Mapping Commission shall consist of Town Engineer within the Department of Public Works, the

Town Planner, the GIS Coordinator, and the Information Systems Manager who shall serve by virtue of their office
as members of the Mapping Commission.” or to take any other action related thereto.

Board of Selectmen
MOVED:          That General By-law Article 16 Section 17(b) be amended as printed in the warrant.

FINANCE COMMITTEE VOTE: 8-0

Attest:

yD) AG
a OMA
Tracy K, Kenfey, Canton Town eek OY

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 15, 2019
SECOND SESSION

=                              (AR TIGUES25)

AMEND BY-LAW REGARDING FINES AND PENALTIES FOR VIOLATING DOG LICENSING REGULATIONS
Article 25 To see if the Tovn will amend the Town of Canton By-Law Article 14 Section 39 Sub-sectlon 9 regarding
dog licensing regulations as follows: (a) Failure fo License a Dog ina timely manner by striking 425 and adding

$50 or to take any other action related thereto.
Board of Selectinen

MOVED:           That the Town amend the Town of Canton By-Law Article 14 Section 39 Sub-section 9
regarding dog ftlcensing regulations as fallows: (a) Failure to License a Dog in a timely manner by
striking $25 and adding $50,

FINANCE COMMITTEE VOTE: 8-0

Robert Barker, Chalrperson of the Finance Committee, moved Article 25 as printed in the warrant.

Attest:

~~ i AA prt

Tracy K. Keng    | Canton Town Clerk)”

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019
FIRST SESSION

ACCEPTANCE OF PROPOSED NEW BY-LAW REGARDING PLASTIC SHOPPING BAG REDUCTION

Article 27 To see If the Town will vote to accept a new by-law as follows:

Plastic Bag Reduction By-law

SECTION 1 DEFINITIONS: The following words shall, unless the context clearly requires otherwlse, have the
following meanings:

“Director”, the Director of Health.

“ASTM D6400”, the American Soclety for Testing and Materials (ASTH) International “Standard Specification for
Compostable Plastics”.

“ASTM D7801", ASTM International “Standard Specification for Blodegradable Plastics in the Marine Environment".
“Checkout bag”, a carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not
include bags, whether plastic or not, In which loose produce or products are placed by the consumer to deliver such
Items to the point of sale or check out area of the store.

“Compostable plastic bag”, a plastic bag that (1) conforms to the current ASTM D6400 for compostability; (2) is
certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3)
conforms to any other standards deemed acceptable by this section,

“Cepartment”, the municipal Department of Health

“Marine-degradable plastic bag’, a plastic bag that conforms to the current ASTM 07801 standard specification for
marine degradability; and conforms to any other standards deemed acceptable by the Department, provided
additional, Department-approved standards are as Stringent as ASTM D7801.

“Recyclable Paper Bag” means a paper bag that Is (1) 100 percent recyclable including the handles; (2) contatns at
least 40% post-consumer recycled paper content; and (3) displays the words “recyclable” and “made from 40%
post-consumer recycled content” (or other applicable amount) in a visible manner on the outside of the bag.

“Retail establishment”, any retail space located In the town Including without limitation a restaurant, food or Ice
cream truck, convenlence store, retall pharmacy, or supermarket,

“Reusable checkout bag”, a sewn bag with stitched handles that (1) can carry 25 pounds over a distance of 300
feet; (2) is either (a) made of cloth or other machine washable fabric; or (b) made of plastic other than
polyethylene (HDPE, LOPE, PETE, etc.) or polyvinyl chloride that is durable, non-toxic, and generally considered a
food-grade material that Is more than 4 mils thick.

SECTION 2 REQUIREMENTS: (a) If any retalt establishment as defined in section 1 provides a checkout bag to
customers, the bag shall comply with the requirements of being either a recyclable paper bag, a compostable and
marine-degradable plastic bag, or a reusable checkout bag. (b) The Director may promulgate rules and regulations
to implement this section.

SECTION 3 PENALTIES AND ENFORCEMENT: (a) Each Retail Establishment shall comply with this by-law. (1) If
It Is determined that a violation has occurred the Director shall issue a warning notice to the Retail Establishment
for the initial violation. (2) If an additional violation of this by-law has occurred within one year after a warning
notice has been issued for an initial violation, the Director shall issue a notice of violatlon and shall impose a
penaity against the retail establishment. (3) The penalty for each violation that occurs after the issuance of the
warning notice shall be no more than: (A) $50 for the first offense (B) $100 for the second offense and all
subsequent offenses. Payment of such fines may be enforced through civil action in the state District Court. (4) No
more than one (1) penalty shall be Imposed upon a Retall Establishment within a seven (7) calendar day period.
(5) A Retail Establishment shall have fifteen (15} calendar days after the date that a notice of violation is issued to
pay the penalty.

SECTION 4 EFFECTIVE DATE: All of the requirements set forth In this by-law shall take effect within six months
of passage. In the event that compliance with the effective date of this by-law Is not feasible for a small retail
establishment, because of economic hardship, the Department may grant a walver of not more than six months
upon application of the owner or the owners representative.

SECTION 5 SEVERABILITY: It is the intentlon of this law that each separate provision of this Chapter shall be
deemed Independent of all other provisions herein, and it is further the Intention that If any provision of this
Chapter be declared to be Invalid by a court of competent jurisdiction, the remaining provisions of this Chapter
shall remain valid and enforceable.

Michael Rose anc 20 others

MOVED:          That Article XVI of the Town of Canton General Bylaws be amended by adding the
following Section 25:

Article XVI: Section 25: Plastic Bag Reduction Bylaw

Subsection 1. Purpose

The purpose of this Bylaw Is to protect the Town's natural beauty and Irreplaceable natural resources
by reducing the number of single-use, thin-film, plastic check-out bags that are distributed and used In

the Town of Canton and to promote the use of reusable bags.

Subsectlon 2. Definitions

The following words shall, unless the context clearly requires otherwise, have the following meanings:

a.
b.

ten

da

e

f.
g-

“Director” shall mean the Director of the Canton Board of Health,

“ASTM DG6400"shall mean the American Soclety for Testing and Materlals (ASTM) International
“Standard Specification far Compostable Plastics”.

“ASTM D7081"shail mean ASTM International “Standard Specification for Blodegradable
Plastics In the Marine Environment”.

“Checkout Bag” shall mean a carryout bag provided by a store to a customer at the point of
sale, “Checkout Bag” shall not Include bags, whether plastic or not, In which loose produce or
products are placed by the consumer to deliver such items to the polnt of sale or check out area
of the store,

“Compostable Plastic Bag” shall mean a plastic bag that (1) conforms to the current ASTM
D6400 for compostabllity; (2) Is certified and labeled as meeting the ASTM D6400 standard
specification by a recognized verification entity; and (3) conforms to any other standards
deemed acceptable by this section,

“Department” shall mean the Town of Canton Board of Health.

“mMarine-degradable Plastic Bag” shall mean a plastic bag that conforms to the current ASTM
D7081 standard specification for marine degradability; and conforms to any other standards
deemed acceptable by the Department, provided additional, Department-approved standards
are as stringent as ASTM D7081.

"Recyclable Paper Bag" shall mean a paper bag that Is (1) 100% recyclable including the
handles; (2) contains at feast 100% post-consumer recycled paper content; and, (3) displays
the words "recyclable" and "made from 100% post-consumer recycled content" In a visible
manner on the outside of the bag.

“Retall Establishment” shall mean any retall space located In the town Including without
Nmitation a restaurant, food or ica cream truck, convenience store, retall pharmacy, or
supermarket,

“Reusable Checkout Bag” shall mean a sewn bag with stitched handles that (1) can carry 25
pounds over a distance of 300 feet; (2) is either (a) made of cloth or other machine washable
fabric} or (b) made of plastic other than polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl
chloride that Is durable, non-toxic, and generally considered a food-grade material that Is more
than 4 mils In thickness.

Subsection 3. Regulated Conduct

a,

b

If any Retail Estabilshment provides a Checkout Bag to customers, the Checkout Bag shall
comply with the requirements of betng elthar a Recyclable Paper Bag, a Compostable Plastic
Bag, a Marine-degradable Plastic Bag, or a Reusable Checkout Bag.

The Department may adopt and amend rules and regulations to effectuate the purposes of this
bylaw.

Subsection 4. Enforcement and Penaltles

a
b.

c

a

a

The Department, the Director or the Director's dasignee, or the Board of Selectmen’s designee,
shall have the authority to administer and enforce this bylaw.
Violations of this bylaw may be enforced in accordance with Article 1, Section 2 of the General
Bylaws of the Town of Canton.
For the first violation, tha enforcing authority, upon a determination that a violation has
occurred, shall Issue a written warning notice to the Retall Establishment specifying the
violation,
The penalty for each violation that occurs after the issuance of the warning notice shall be:

(1) $50 for the first offense

(2) $100 for the second offense

(3) $200 for the third and all subsequent offenses
No more than one (4) penalty shall be Imposed upon a Retall Establishment within a seven (7)
calendar day perlod.

f, ARetall Establishment shall have fifteen (15) calendar days after the date that a notice of
violation is issued to pay the penalty.

g. Fines shalt be cumulative and each day on which a violation occurs shall constitute a separate
offense.

Subsection 5, Effective Date

a. This bylaw shall take effect within six months from approval of the bylaw by the Attorney
General or on November 1, 2019, whichever Is later, for Retail Establishments with a floor area
equal to or exceeding 3,500 square feet or with at least two (2) locations under the same name
within the Town of Canton that total 3500 square feet or more.

b. This bylaw shali take effect one (1) year from approval of the by law by the Attorney General
for Retail Establishments with a floor area less than 3,500 square feet,

c. The Director or his designee may grant a waiver of not more than six months If a Retall
Establishment requires additional time In order to draw down on existing Inventory of thin-film,
single use plastle check-out bags.

Subsection 6. Severability
a. Itls the Intention of this law that each separate provision of this bylaw shall be deemed
independent of all other provislons herein, and it Is further the Intention that If any provision of

this bylaw be dectared to be Invalid by a court of competent jurisdiction, the remaining
provisions of this bylaw shall remaln valid and enforceable,

FINANCE COMMITTEE VOTE: 7-0

Robert Barker, Chairperson of the Finance Committee, moved a substitute motion, as follows:

MOVED; That Article XVI of the Town of Canton General By-Laws be amended by adding the following Section 25:
Section 24,      Plastic Bag Reduction By-Law

Subsection 1. Purpose

The purpose of the by-law Is to protect the Town’s natural beauty and Irreplaceable natural resources by reducing
the number of single-use, thin-film, plastic check-out bags that are distributed and used In the Town of Canton and
to promote the use of reusable bags.

Subsection 2. Definitions

The following words shall, untess the context clearly requires otherwise, have the following meanings:
Director - The Director of the Canton Board of Health,

ASTM D6400 - The American Soclety for Testing and Materials (ASTM) International “Standard Specification for
Compostable Plastics”.

ASTM D7081 ~ ASTH International “Standard Specification for Biodegradable Plastics In the Marine Environment".

Checkout Bag - A carryout bag provided by a store to a customer at the polnt of sale. “Checkout Bag” shall not
Include bags, whether plastic or not, In which loose produce or products are placed by the consumer to deliver such
items to the point of sale or check out area of the store.

Compostable Plastic Bag — A plastic bag that (1) conforms to the current ASTM D6400 for composabllity; (2) is
certified and labeled as meeting the ASTM 06400 standard specification by a recognized verification entity; and (3)
conforms to any other standards deemed acceptable by this section.

Department ~ The Town of Canton Board of Health.
Marine-degradable Plastic Bag - A plastic bag that conforms to the current ASTM D7081 standard specification

for marine degradabllity; and conforms to any other standards deemed acceptable by the Department, provided
additional, Department approved standards are as stringent as ASTM D7081.

3

Recyclable Paper Bag ~ A paper bag that is (1) 100% recyclable Including the handles; (2) contains at least
100% post-consumer recycled paper content; and (3) displays the words “recyclable” and “made from 100% post-
consumer recycled content” in a visible manner on the outside of the bag.

Retall Establishment - Any retail space located In the Town Including without imitation a restaurant, food or Ice
cream truck, convenlence store, retall pharmacy, or supermarket,

Reusable Checkout Bag ~ A sewn bag with stitched handles that (1) can carry 25 pounds over a distance of 300
feet; (2) Is either (a) made of closth or other machine washable fabric; or (b) made of plastic other than
polyethylene (HDPE, LOPE, PETE, etc.) or polyvinyl chloride that Is durable, non-toxic, and generally considered a
food-grade material that Is more than 4 mils in thickness.

Subsection 3. Regulated Conduct

a. If any Retail Establishment provides a Checkout Bag to customers, the Checkout Bag shall comply with the
requirements of being either a Recyclable Paper Bag, a Compostable Plastic Bag, a Marine-degradable
Plastic Bag, or a Reusable Checkout Bag.

b. The Department may adopt and amend tules and regulations of effectuate the purposes of this by-law.

Subsectlon 4, Enforcement and Penalties

a, ‘The Department, the Director or the Director's designee, or the Board of Selectmen's designee, shall have
the authority to administer and enforce this by-law.
b. Violations of this by-law may be enforced In accordance with Article 1, Section 2 of the General By-Laws of
the Town of Canton.
c. For the first violation, the enforcing authority, upon 3 determination that a violation has occurred, shall
issue a written warning notice to the Retail Establishment specifying the violation.
d. The penalty for each violation that occurs after the Issuance of the warning notice shall be:
1) $100 for the first offense
2) $200 for the second offense
3) $300 for the third and all subsequent offenses
e, No more than one (1) penalty shall be imposed upon a Retail Establishment within a seven (7) calendar
day period.
f. A Retall Establishment shall have fifteen (15) calendar days after the date that a notice of violation Is
issued to pay the penalty.
g. Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.

Subsection 5. Effective Date

a. This by-law shall take effect within six months from approval of the by-law by the Attorney General or on
November 1, 2019, whichever |s later, for Retail Establishments with a floor area equal to or exceeding
3,500 square feet or with at least two (2) locations under the same name within the Town of Canton that
total 3,500 square feet or more.

b. This by-law shall take effect one (1) year from approval of the by-law by the Attorney General for Retall
Establishments with a floor area of less than 3,500 square feet.

¢. The Director or his designee may grant a walver of not more than six months If a Retail Establishment
requires additional time in order to draw down on existing Inventory of thin-film, single use plastic check-
out bags.

Subsection 6, Severability
a. It Is the Intention of this law that each separate provision of the by-law shall be deemed Independent of all
other provisions herein, and It Is further the Intention that If any provision of this by-law be declared to be
invalid by a court of competent jurisdiction, the remaining provisions of the by-law shall remain valid and
enforceable.
Kate Merrigan moved to amend the substitute motion by lowering the fines In subsectlon 4 to zero dollars.
Amendment defeated.

DEFEATED MAJORITY VOICE VOTE

VOTED: That the substitute motion be adopted.

ADOPTED VOICE VOTE, MODERATOR DECLARED THALSUBSTITUTE MOTION PASSED

Attest:

Ps         :
on ne
Tracy K. Ker(fey, Canton Town Clerk

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 15, 2019

SECOND SESSION

,                                                                                   ARTICLE

AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS
Article 29 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with new word definitions
belng Incorporated Into the existing text in order alphabetically with the existing word definitions:

1,

By adding the definition of “Boarding or lodging houses” under the Dwelling definition as follows:

Dwelllng, Boarding or Lodging House: a lodging house licensed under section 23 of chapter 140 and where
rooms are let to four or more unrelated persons. A lodging house may or may not be owner-occupled. A boarding
or lodging house is not a hotel, motel, short-term rental, long-term care facillty, or group home.

By adding the definition of “Short-term rental” as follows:

Short-term rental, non-Intensive: an owner-occupied, tenant-occupled or non-owner occupled property
Including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is
not a hotel, motel, lodging house or bed and breakfast establishment, where; (I) at least 1 room or unit Is rented
to an occupant or sub-occupant; (Il) all accommodations are reserved In advance; provided, however, that a
private owner-occupied property shall be considered a single unt if leased or rented as such. (ill) A short-term
rental for the purposes of this Bylaw Is the same definition as set forth in Chapter 337 of the Acts of 2018 as a
rental that Is not for more than 31 consecutive calendar days per occupant and does not include long-term rentals
such as leases. Non-intensive short-term rentals are rented out for a perlod of 14 days or less In one calendar
year,

Short-term rental, intansive: an owner-occupied, tenant-occupled or non-owner occupled property Including,
but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that Is not a hotel,
motel, lodging house or bed and breakfast establishment, where: (|) at least 1 room or unit Is rented to an
occupant or sub-occupant; (Il) all accommodations are reserved In advance; provided, however, that a private
owner-occupied property shall be considered a single unit if leased or rented as such. (Ili) A short-term rental for
the purposes of this Bylaw Is the same definition as set forth in Chapter 337 of the Acts of 2018 as a rental that Is
not for more than 31 consecutive calendar days per occupant and does not Include long-term rentals such as
leases, Intensive short-term rentals are rented out for a period of greater than 14 days In one calendar year.

Or to take any other action related thereto.

Board of Selectinen for Planning Board

Commentary: The goal of this and related zoning articles Is to modernize Canton’s zoning regulations around short-
term rental of residential property made through Internet hosting platforms such as, but not limited to, AlrBnB. The
goal of this and related zoning articles is to modernize Canton’s zoning regutations around short-term rental of
residential property made through Internet hosting platforms such as, but not limited to, AlrBn&. A short-term rental Is
a rental that is not for more than 31 consecutive calendar days per occupant, and does not Include long-term rentals
such as leases,

PLANNING BOARD MOTION;

MOVED:          That Zoning By-Laws Section 11.0 be amended as follows, with new word definitions belng
incorporated Into the existing text In order alphabetically with the existing word definitlons:

By adding the definition of “Boarding or lodging houses” under the Dwelling definition as follows:
Dwelling, Boarding or Lodging House; a lodging house licensed under section 23 of chapter 140 and
where rooms are let to four or more unrelated persons. A lodging house may or may not be owner-

occupled. A boarding or lodging house Is not a hotel, motel, short-term rental, long-term care facility,
or group home.

PLANNING BOARD VOTE:          5-0

INANCE CO      T         Ci          D.         i
MOVED:          The Finance Committee recommends that the motion presented by the Planning Board to

Town Meeting for Article 29 as written In the warrant be atlopted.

FINANCE COMMITTEE VOTE; 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on March 6", 2019 to
discuss the proposed article and provided an oral report on Article 29. Mr. Scully then moved that Article 29 be
adopted as printed In the warrant.

ADOPTED UNANIMOUS VOICE VOTE

Attest:

ny  5 ue
= malty LA arte

Tracy K. Kenny, Canton Town Cler|

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 15, 2019

SECOND SESSION

AMEND ZONING BY-LAWS SECTION 3.1.4 TABLE OF USE REGULATIONS

Article 30 To see if the Town will vote to amend Zoning By-laws Section 3.1.4 Table of Use Regulations as follows or

take any other actton related thereto,

1, By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A Residential Uses changing the
title to the principal use of “Boarding or todging house, convalescent or nursing home, tourist home” to state
“Boarding or lodging house” but not changing any zones for principal use.

[Principal Use            SR|GR]B | CB | LI | LIB) | LC) [1 | Pos |
A. Residentlal Uses                                      2                   |
Boarding or lodging house?    N -BAly ty [N [IN      N      NEN

2. See Section 8.3 for special regulations

2. By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section J Accessory Uses by adding the
principle use zones for “Short term rentals, non-intensive” by allowing their use by right in all Single Family zones,
General Residence zones, Business and Central Business zones(if rented for 14 calendar days a year or less), and
“Short-term rental, Intensive” by special permit in Single Family zones and General Residence zones if rented for
greater than 14 calendar days a year), and allowed by right in Business and Central Business zones. Short term
rentals non-intensive and intensive would not be allowed In Limited Industrial zones (LI, LI-B, or LI-C), Industrial
Zones, or Parkland and Open Space, as stated below.

J. Accessory Uses           sxe {[Gr[ bl ce] 1 | LB) | Lc) | x Pos
Short-term rental, non-intensive   Y   Y   YY   N_LN     N     NUN
Short-term rental, Intensive      BA | BAILY LY IN IN     N     NIN
0.    f   ctmen for Plan    8

Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around short-
term rental of residential property made through internet hosting platforms such as, but not limited to, AlrBnB, A
short-term rental Is a rental that Is not for more than 31 consecutive calendar days per occupant, and does not include
long-term rentals such as leases.

PLANNING BOARD MOTION
MOVED:           That Zoning By-laws Section 3.1.4 Table of Use Regulations be amended as follows:
By amending the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A Residential Uses

changing the title to the principal use of “Boarding or lodging house, convalescent or nursing home,
tourist home” to state "Boarding or lodging house” but not changing any zones for principal use.

Principal Use                     sR] GR |B | CBI] ULE | LI(B) | Lt(C)       Pos
A. Residential Uses                     i
Boarding or lodging house”      N [BAL[YlY [NIN       N       NIN
2, See Section &.3 for spacial regulations
PLANNING BOARD VOTE:         5-0
a4       E COM     TEE RECOM           ON:
MOVED:          The Finance Committee recommends that the motlon presented by the Planning Board to

Town Meeting for Article 30 as written In the warrant be adopted.
1

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on March 6", 2019 to
discuss the proposed article and provided an oral report on Article 30. Mr. Scully then moved that Article 30 be
adopted as printed In the warrant,

ADOPTED UNANIMOUS VOICE VOTE

Attest:

)             5
KAS.      Be       -
Tracy K. Kehey, Canton Town Cl¢

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019

FIRST SESSION

AMEND ZONING BY-LAWS SECTION 11.0 DEFINITIONS

Article 33 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with new word definitions

being Incorporated Into the existing text in order alphabetically with the existing word definitions:

1. By amending the definitton of “Adult day care facility” too add the words “(105 CMR 158)” as follows: Adult day
care facllity: A soclal day care or adult day health facility as those terms are defined by the Commonwealth's
Department of Elder Affairs (105 CMR 158).

2. By adding the definition of “Assisted Living Facility” as follows:

Assisted Living Facility: An entity elther for profit or non-profit (defined and regulated under M.G.L, Ch.19D, Section
1) and certified by the Department of Elder Affairs (651 CMR 12) that provides room and board, assistance In activities
of dally llving for three or more adult residents; and collects payments or relmbursements on behalf of residents to pay
for the provision of assistance with the activities of dally living or arrange for the same, This does not Include any
other form of group living quarters (651 CMR 12.01) such as nursing homes, hospices, group homes, religious
housing, or substance abuse detoxification or treatment facllitles.

3, By amending the ttle of “Business Office” to read "Business and Professional Office” and amending the definition
to reflect the definition of “Business and Professional Office” In the Canton Center Economic Opportunity District
but without the words “doctor” and “dentist” as follows:

Business or Professlonal Office: The office of one skilled in an occupation that primarily services clients or patients

rather than retall customers including, but not limited to the office of a lawyer, architect, engineer, landscape

architect, real estate agent, Insurance agent, or the studio of an artist, musician or teacher, or the workroom of a

dressmaker or milliner or photographer.

4. By deleting the definition of “Business and Profession Office" from the subheading of the Canton Center Economic
Opportunity District subheading as follows:

e—Business-and-Professional-Olfiee:The-offiec-of-onc-skiliedn-an-eceupation-that-prinarilyserviers
éllents-er patents rather than-retall-eustemers_inciuding; but netHimitedte the offiee-of-a-dectertawyer;
dentist arehitect_engineer-lendseape-arehitect, real estate-agent_insuranee-agent;orthe studlo-oFan

artist musiclan-or-teacher,orthe-warkroom of dressmaker ormilliner or-photegraphers

5. By adding the definition of “Exempt uses” as follows:
Exempt uses: Uses defined In M,G.L. Chapter 40A, Section 3: Includes various uses related to agriculture, religlous
purposes or non-profit educational purposes, chitd care facilitles, congregate tlving arrangements for disabled persons,

or solar energy systems.

6. By amending the definition of “General or personal service establishment” to remove the following words “frozen
food locker” and “medical or dental laboratory” as follows:

General or personal servica establishment: Any of the following service establishments and the like dealing

directly with the consumer: barber or beauty shop, business or trade school, clothing rental establishment, collection

statlon for laundry or dry cleaning, dressmaking or millinery shop, hand or self-service laundry, household appliance

repair shop, Interlor decorating studio, meeting hall for hire, photographic studto, shoe or hat repalr shop, tailor shop,

typewriter repair shop.

7. By adding the definition of “Healthcare facllity/cllnic” as follows:

Healthcare facillty/clinic: Any facility whether for profit or non-profit, which provides out-patient ambulatory
medical, surgical, dental, physical rehabilitation, or mental health services, as licensed and defined by the
Massachusetts Department of Public Health (105 CMR 140). Clinics do not Include hospitals, medical offices, or
substance abuse detoxification or treatment centers; Healthcare facllitles/clinics Include urgent care, primary care,
specialists, outpatient, day surgery, rehabilitation and sports, mental health, certified home health agenctes, physical
therapy and speech pathology, renal dialysis facilities, temporary nursing agencies.

8. By amending the definition of “Home occupation, non-Intenslve” to add the words “psychologist” and “social
worker” as follows:
Home occupation, non-Intensive: the use of a portion of a dwelling or of a bullding accessory thereto by a resident
of the premises as an office, studlo or workroom for the conduct of a profession or customary home occupation,
subject to the condition that such use Is clearly Incldental and secondary to the use of the premises for dwelling
purposes and subject to the provisions of Section 3.2.2. In particular, a home occupation may include, but are not
limited to, the office of a lawyer, doctor, dentist, psychologist, social worker, architect, engineer, real estate agent or
Insurance agent, the studio of an artist, musician or teacher (with any regular Instruction limited to one pupil at a
time), or the workroom of a dressmaker, miliiner, or photographer, but do not Include any use hereinafter set forth as
permissible by special permit In the same district.

9. By adding the definition of *Hosptce” as follows:

Hospice: An Inpatient facllity licensed by the Department of Public Health (105 CMR 141) providing palliative and
supportive care and other services by an Interdisciplinary team under the direction of hospice administration to
terminally {ll patlents with Ilmited life expectancy and to their families. Services may be provided at home, In the
community, and in a facility. Services might Include nursing, soclal services, volunteer services, and counseling
services. Home health agencles and temporary nursing agencles offering hospice care are considered cilnics.

10. By amending the definition of “Hospital” to add the words “licensed by the Department of Public Health (105 CMR
130)" as follows:

Hospital: An Institution Iicensed by the Department of Public Health (105 CMR 130) providing primary health services

and medical or surgical care to persons, primarily Inpatients, suffering from illness, disease, Injury, and other phystcal

or mental conditions and including, @s an Integral part of the institution, related facilities, Including laboratories,

outpatient facilities, training facillties, medical offices, and staff residences. “Hospltal” does not Include tong term care

facllities, substance abuse detoxification or treatment centers, or health care facilitles/clinics.

41. By adding the definition of “Independent Sentor Living Apartments” as follows:

Independent Sentor Living Apartments — Multl-famlly bulldings containing three or more dwelling untts, which
bullding houses only residential uses Intended for Individuals 55 years or older, and/or familles with at least one family
member aged 55 and older. Independent Senior Living Apartments shall be considered multi-family dwellings for the
purposes of Section 6.1.1 and Section 8.2.

12. By adding the definition of “Long-term care facllity” as follows:

Long-term care facility: any Institution licensed by the Massachusetts Department of Public Health (105 CMR 150)
whether for charity or non-profit providing four or more Individuals with long-term resident, nursing, convalescent or
rehabilitative care; supervision and care Incident to old age for ambulatory persons; or retirement home care for
elderly persons. Long-term care facilities Include convalescent or nursing homes, rest homes, Infirmaries matntained In
town and chartable homes for the aged, Long-term care facllitles do not Include hospltals, clinics, medical offices, or
substance abuse detoxification or treatment centers.

13. By adding the definition of “Medical office or group of such offices” as follows:

Medical office or group of such offices: Office (or building) designed and used as an office by physicians, dentists,
or psychotherapists for the dlagnosls and treatment of human patients that does not Include overnight care facilities,
or licensing as a clinic,

14. By adding the definition of “Medical or dental labs” as follows:

Medical or dental labs: A laboratory where microbiological, chemical, hematological, blophysical, cytological,
Immuno-hematotogical, or pathological examinations are performed on materials derived from the human body to
provide Information for the diagnosis, prevention, or treatment of a disease or assessment of a medical condition (see
Executive Office of Health and Human Services 101 CMR 320). This excludes scientific or research laboratories and
those categorized as Level 4 by the National Institutes of Health,

15. By amending the definition of “Nursing or convalescent home” to replace the definition with the words "See
definition for long-term care facility” as follows:
Nursing or convalescent home: See definition for long-term care facility.

16, By adding the definition of “Pharmacy or drug store” as follows:
Pharmacy or drug store: A store where the primary business Is the filling of medical prescriptions and the sale of
drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as

well,

17. By adding the definition of “Rehabilitation Hospital” as follows:

Rehabilitation Hospital: An In-patient facillty, as defined by the Federal Department of Health and Human Services,
Centers for Medicare & Medicald (CMS-1480-N), where at least 60% of the population served meets at least one of the
following medical conditions: stroke, spinal cord Injury, congenital deformity, amputation, major multiple trauma,
fracture of femur (hip), brain Injury, neurological disorders including MS, MD, and Parkinson’s, burns, active
rheumatold arthritis, systematic vascullditles with joint Inflammation, severe osteoarthritis, or knee or hip joint
replacement.

2

18, By adding the definition of “Substance abuse detoxification or treatment center” as follows:

Substance abuse detoxification or treatment canter: A residential rehabilitation unit, treatment unit,
detoxification facility, or other facility licensed by the Department under 105 CMR 164,000. This may Include In-patient
or out-patient facilities providing care coordination, case management, medical, pharmacological, psychological,
psycho-educational, rehabilitative, or social services and theraples, A substance abuse facility that offers both Inpatient
and outpatient services would be defined as an In-patient facility, per Section 4.2.7, A substance abuse facility that
offers only outpatient services would be treated as an outpatient faclilty, per Section 4.2.8, This does not Include
hospitals, long-term care facilitles, clinics, or medical offices or groups of offices, such as drug or alcohol counselors
where no medication Is provided on-site.

19. By adding the definition of “Veterinary Facility or Clinic” as follows:
Veterlnary Facility or Clinic: A place where animals or pets are given medical or surgical treatment and the
boarding of animals Is limited to short term care Incidental to the use,

20. By deleting the definitions for the Village Overlay District as follows:
Milage-Heusing- Overlay District: the-follewing-definitions shall apply in the VHOD Section 9.6,

Apartment Styfe Divelling: A multifamily structure designed-te-have-dwelling
ced-one-abeve-the-other-(stacked};

unlts-pla                                                       >
Appleant-The-persen-er-persens;tneluding-c-corperation-er-othertega-entity;
whe-applies-ferissuanee-of-a-special- permit for construction ef a-VOHDB-within
a-VHOB-hereunder, Fhe Appleant-must-own or be-the beneficial owner-of-all
theand4tncluded-in-the proposed-site, or-have-authority from the owner(s} to-aet
for-him-er-held-an-eplier-er-eentract-duly-executed by the ownerts}and-the
Applicant giving-the-latter-the-right te-acquire the and te-be-tneluded-in-the site:
Buffer-AreatAn-areawithin-a-VHOBB- whieh ts adjacent te-tts- boundaries;
streams,pends; lakes, and-reservolrs- which may not -be-developed-exeept-as
provided-herein;
Pesign-Review:-therevier-oF the overalt-site design_by-qualified team of site
design-professionals A-Massachusetts Registered Landscape-Arehitect- shalHead

the Site-Design-Review-Feamt:

Bevelopment Schedule:A-schedule-shewing the order-and-timlag-of
eonstructon-and-the-sequenee-of the mprevements-te-be-bullt-er furnished onthe
VHOPD-site, separatectnte-stages-where-applicable:

Subdivision Regulatiens:-The-rules-and-regulations-of the-Planning-Board
relative-te-subdivisions; special-permits-and-site-plans:
Tewnheuse-Style-DwellingA-mult-farilly-strueture-designed-te-have-each
dwelling-unit-placed- side-by-side:

Milege-Housing- Overlay District Development-(VHOBB}-A- multifamily
development-censisting-of townhouse-styte-and/er-apartment-style-dwellings-and
permissible-aceessory-uses-authorized-by special permlitfrent-the Planning Beard
as-setforth-herelt:

Wetlands+-AlHand-subject-te-the-provisions-of tassachusetts-Generaltaw<;
434-55-46-and 40A-and/erthe Town's Wetlands-Bytaw,

21. By deleting the definitions for the “Senior Housing Overlay District” as follows:
Senlor-Heusing-Overlay-Distret: the fellowtng-definitions-shall opply_in-the-Genior Housing Overlay Distret, Section
9:95

Applicant: The-person-or persons;-including-a-corperation or other egalentity,-whe-epplies fer ssuance oF special
permit fer-construction-ef-e-Senier Housing-Gemmunlty-hereunder—Fhe-Applieant-must-ewn,or-be-the-benefiela-owner
of;all-the- and-tncluded-in-the-proposed site, er have autherty fren-the- owner(s) te-aet-or held_an-eption-or contract
duly-executed-by-the-ewner(s}-and-the Appiicant-giving the latter the right to-aequirethetand-te-betneludectn-the
site:

Sentor-Heusing-Gornmunity:A-self-contalned-residential- community-ereated expressly for residence-and-use- by
persons-aged-62-years-of elderIn-accerdance-with +hG7t-€-1816, Section 4, Subsection-6; that consists-OF
independentliving-units-and-assisted tiving-units-(ineluding-mem ery care units), -and-a-combination thereof Sala
commrunity- shall centaln-a-minimum-of2590-ofF eaeh-ofthe-deseribed-tinits-to-qualify-as-a- Senior Housing Community:
For-suehtadependentliving-units,-aneitlary-services will be-provided to-residents-such-as meats and communaldining;
transportation laundry,reereation, entertainment, exereise, therapy; beautification, automated teller machines ond
timlited-bantdag-and-cernmunity activities; Fer-sueh-assisteciving-unite; the feregeing services wilt be provided-to
residents-In-addition-te-the-suppertive serviees-permiltted-by-M:Gl--e--19B and the regulations promulgated
thereunder-A-Senler- Heusing-Community-shatl be permitted -only-within-the-SHOD-and- only upon the granting ofa
special permit-by- the Zening Beard-of Appeals:

Brffer:Anareasvithin-a-SHOD adjacent totis-_boundaHes; streams, and_ponds whiel-may-not-be-developed-except-as
provided-herefn:

Bevelopnrent Sehedute:A schedule-showing the-erderandtiming-of construetion-andthe-sequence-of-the
imprevements-te-be-bullt-or-furnished athe Senler Housing Community-site-separated_nte-stagesvhere-applicable:

Gpen-SpacerAny such -area-oHand-containing ne-bullding;structure-orimpervious surfacemateriak

Regulations: the-applicable-riles-and- regulatiens-of the-Zoning-Board-of- Appeals +elative to special permits and site
plansThe Zoning Beard-of Appeals; asthe Spectal Permit-Granting-Authorty-reserves the rightte-modify and/or
waive-any-and-allequirements-described in-seetion 97

Yplanedmerest+tandswithoutasvetarea-and-net-subjectte flooding;

Wet-ArensrAiHand-subjectte-the-provisions-oF--.G-t-€-134, Sections 40 and40A
Or to take any other action related thereto,
Board of Selectmen for Planning Board

Commentary: The goal of this and related zoning articles Is to modernize Canton’s zoning regulations around medical
facilitles and uses, The goals Include ensuring equity In housing, services, health and safety for everyone; To manage
development well, where thoughtful development preserves town character, while providing services for a diversity of
residents; To provide necessary medical services for vulnerable populations, such as allowing for addiction services; To
clarify the definitions, uses, parking, and special regulations for medical facilities (For example: hospltals, clinics,
doctor's offices) and residential facilities with medical components (For example: senior living facilities, nursing
homes). The new definitions will be clearly Hed to state licensing definitions and requirements, the uses will require
mostly special permits, the parking will follow planning and design standards, and the special regulations will minimize
the Impact of more Intensive uses on the town and residential nelghbors.

PLANNING BOARD MOTION

MOVED:           That Zoning By-Laws Section 11,0 be amended as printed In the warrant.
PLANNING BOARD VOTE:          5-0
EE RE!                        H
MOVED:          The Finance Committee recommends that the motion presented by the Planning Board to

Town Meeting for Article 33 as written tn the warrant be adopted.

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chalrperson of the Planning Board, stated that the Planning Board convened on February 6" and agaln
on March 6", 2019 to discuss the proposed article and provided an oral report on Article 33. Mr. Scully then moved
that Article 33 be adopted as printed in the warrant.

ADOPTED UNANIMOUS VOICE VOTE

Attest:
yee |

| AGL =   NAF A. — =

Tracy K. Kenri¢y, Canton Town Cle

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019

FIRST SESSION

AMEND ZONING BY-LAWS SECTION 3.1.4 TABLE OF USE REGULATIONS

Article 34 To see If the Town will vote to amend Zoning By-laws Section 3.1.4 Table of Use Regulations as follows or

take any other action related thereto.

1, Tosee if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section A
Residential Uses by adding the principal use of Assisted Living and/or Independent Living Facility” by alfoveing
Assisted Living and/or Independent Living Facility by special permit “BA” under the General Residence (GR),
Business (B), Central Business (CB), Limited Industrial (LI), Limited Industrial B (LI-B), Limited Industrial C (LI-C)
zones, and to prohibit assisted living facilities and/or Independent living facilities In the Single Residence (SR),

Industrial (1), and Parkland and Open Space (POS) zones.

Principal Use                :         Sk] GR[B [CBI Lr | L1(B) | LIC)    POS
A. Residential Uses                                                   |
Assisted Living and/or Independent Living Facility *     N BA | BA | BA | BA | BA     BA         N

1.See Section 8.2.2 and 8.7 for special regulations

2, Tosee if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section B
Exempt and Institutional Uses by combining religious purposes, educational purposes, and childcare centers into
one line, tiled “Exempt: uses exempted from prohibition by G.L. Chapter 40A, Section 3", by separating Hospitals
from Philanthropic, or charitable institutions, by adding and combining “Hospitals”, “Long-term care facility,
“Hospice”, “Health care facility/clinic’, and “Substance abuse detoxification or treatment center“ as follows:

Principal Use

8, Exempt and Institutional Uses

Exempt: uses exempted from prohibition by G.L. Chapter
40A, Section 3?
Hospital, Long-term care facility, hospice, health care
facllity/clinic, or substance abuse detoxification or
treatment center?
kl educational, or charitable Institution, non-
exempt

2. As defined by M.G.L. Chapter 40A, Section 3
3, See Special Regulations Sectlon 4.2.7 for In-patient facllitles and Section 4.2.8 for out-patient facllitles

3. To see if the Town wil vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section F
Commercial and Office Uses by amending the principle use zones for “Medical offices: offices of a doctor or dentist
not a resident of the premises, or a group of such offices” and “General or Personal Service Establishments", and
“Business or professional office or agency” to expand thelr use by special permit In all Limited Industrial (LI)
zones, and adding “Medical or Dental Labs”, “Healthcare facility/clinic” and “Medical marijuana facllitles” with the
proposed use zones as stated. Finally, to allow Kennels, animal or veterinary hospitals in Business zones as a
special permit, as stated below.

Te eee
Las had a taal LA

Cerone
ill    BA          BA
_    BA
N

4. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations, Section G Retail
Uses by adding “Pharmacy or drug store” as follows:

F. Commercial and Office Uses
Kennel, animal or veterinary hospital
Medical offices: offices of a doctor or dentist not a resent |
of the premlses, or a group of such offices
Medical or Dental Labs
General or personal service establishment
_Medical Marijuana Facilities *
4, See Section 7.7 for special regulations.

G. Retail Uses         | SR | er | B |< | oa LIB) | LI(cy | I | POS
Pharmacy or drug store    NIN [YLY JY LY      Y      YIN
‘d of Selec                 Bi

Commentary: The goal of this and related zoning articles Is to modernize Canton’s zoning regulations around medical
facilities and uses. The purposes Include ensuring: (1) equity In housing, services, health and safety for everyone; (2)
sound and thoughtful management of development; (3) preservation of town character; (4) delivery of services for a
diversity of residents; (5) avallability of necessary medica! services for vulnerable populations, such as allowing for
addiction services; (6) clarifications for the definitions, uses, parking, and special regulations for medical facilities (for
example: hospltals, clinics, doctor's offices, etc.) and residential facilitles with medica! components (for example:
senior living facllities, nursing homes, etc.). The new definitions will be clearly tied to state licensing definitions and
requirements, The uses will require mostly special permits. The parking will follow planning and design standards, and
the special regulations will minimize the Impact of more Intensive uses on the town and residential neighbors.

Proposed changes to the Table of Use Include:

« Adding Assisted Living and/or Independent Living Facilities as a special permit In all zones but Single Family
Residential, Industrial or Parkland and Open Space

* Combining religious purposes, educational purposes, and child care into one Jine, titled “Exempt: uses
exempted from prohibition by G.L. Chapter 40A, Section 3 (allowed by right in all zones by lav)

e Separating hospitals from philanthropic or charitable institutions

» Adding “Hospital, Long-term care facillty, hospice, health care facility/clinic or substance abuse detoxification
or treatment center” as a special permit In Limited Industrial zones, and Industrial zones as a special permit,
and with associated special regulations and buffers from residential zones (500 feet).

* Allowing doctor/dentist offices In Limited Industrial zones by special permit (expanding this use)

» Separating out medical or dental labs from General Personal Service establishments, and allowing them as a
special permit in Limited Industrial zones (expanding this use)

» Allowing General Personal Service establishments as a spectal permit in Limited Industrial zones

« Adding pharmacy or drug stores, and allowing them by right in all districts except Single Family Residential,
General Residential, and Parkland and Open Space

* Adding medical marijuana facilities (special permit in Industrial zones with 500 foot buffers, as described In
Section 7.7 of the Zoning Bylaws)

» Adding veterinary establishments, provided that animals are kept Indoors, as a special permit In Business
zones, but allowed by right In Limited Industrial zones and the Industrial zone

* There are no changes proposed for home-occupations or adult daycares

PLANNING BOARD MOTION

MOVED:           That the Town vote to amend Zoning By-laws Sectlon 3.1.4 Table of Use Regulations be

hereby amended as follows:

i. Toseeif the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section A Residential Uses by adding the principal use of Assisted Living and/or Independent Living
Facility” by allowing Assisted Living and/or Independent Living Facility by special permit “BA” under
the General Residence (GR), Business (B), Central Business (CB), Limited Industrial (L1), Limited
Industrial B (LI-B), Limited Industrial C (LI-C) zones, and to prohibit assisted living facilities and/or
independent living facilities In the Single Residence (SR), Industrial (I), and Parkland and Open Space
(POS) zones,

Principal Use            L SR|GR|B CB | LI | LY¢B) | Lt&(C) | I | POS
A. Residential Uses

Assisted Living and/or Independent Living
1,See Section 8.2.2 and 8.7 for special regulations

2. To see lf the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section B Exempt and Institutional Uses by combining religious purposes, educational purposes, and
childcare centers into one line, titled “Exempt: uses exempted from prohibition by G.L. Chapter 40A,
Section 3", by separating Hospitals from Philanthropic, or charitable institutions, by adding and
combining “Hospitals”, “Long-term care faclilty, “Hospice”, “Health care facility/clinic”, and
“Substance abuse detoxification or treatment center” as follows:

8B, Exempt and Institutional Uses

Exempt: uses exempted from prohibition by G.L.

Chapter 40A, Section 3?

Hospital, Rehabilitation hospital, Long-term care

facility, hospice, health care facility/clinic, or                                    |
substance abuse detoxification or treatment center?

Philanthropic, educational, or charitable institution,        BA|BA/]Y|¥   | N     N        N        N     y
non-exempt                                        =

2. As defined by M,G,L, Chapter 40A, Sectton 3
3, See Special Regulations Section 4.2.7 for In-patient facilitles and Sectlon 4.2.8 for out-patient facilities

3. To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section F Commercial and Office Uses by amending the principle use zones for “Medical offices: offices
of a doctor or dentist not a resident of the premises, or a group of such offices” and “General or
Personal Service Establishments”, and “Business or professional office or agency” to expand thelr use
by spectal permit In all Limited Industrial (LI) zones, and adding “Medical or Dental Labs”, “Healthcare
facllity/clinic” and “Medical marijuana facilities” with the proposed use zones as stated. Finally, to
aliow kennels, animal or veterinary hospitals in Business zones as a special permit, as stated below.

{_F. Commercial and Office Uses

Kennel or Veterinary Facility or Clinic

Medical offices: offices of a doctor or dentist not a
resident of the premises, or a group of such offices

Medical or Dental Labs
General or personal service establishment BA | BA
Medical Marijuana Faciiltles                                                                    N

4. Sea Section 7.7 for special regulations.

4, To see if the Town will vote to amend the Zoning By-laws Section 3.1.4, Table of Use Regulations,
Section G Retail Uses by adding “Pharmacy or drug store” as follows:

G. Retail Uses               SR| GR |B} CB | LE | LI(B) | LI(C) | I | POS
Pharmacy or drug store       NIN J¥IY [VY 1YV         Y         YIN
PLANNING BOARD VOTE:         5-0

EINANCE COMMITTEE RECOMMENDATION:
MOVED:          The Finance Committee recommends that the motion presented by the Planning Board to
Town Meeting for Article 34 as written in the warrant be adopted.

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on February 6" and again
on March 6", 2019 to discuss the proposed article and provided an oral report on Article 34. Mr, Scully then moved
that Article 34 be adopted as printed in the warrant.

ADOPTED_UN.

Attest:

ye      7
7 [Agee ees

Tracy K. Kenyey, Canton Town Cler

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019
FIRST SESSION

AMEND ZONING BY-LAW 4,2 SPECIAL REGULATIONS FOR “HOSPITALS, LONG TERM CARE FACILITIES,
HEALTH CARE FACILITIES/CLINICS, OR SUBSTANCE ABUSE DETOXIFICATION OR TREATMENT CENTERS”
Article 35 To see If the Town will vote to amend Zoning By-law 4.2 Special Regulations by adding a new Section 4.2.7
and Section 4.2,8 as follows or take any other action related thereto:

4.2.7 In-patient Medical Facilities; Hospltals, Long-term care Facilitles, or Substance Abuse Detoxification
or Treatment Centers.

1. General: An in-patient medical facility, hospital, long-term care facility, or substance abuse detoxification or
treatment center may be allowed by special permit from the Zoning Board of Appeals upon determination that all of
the conditions set forth below have been met. The following conditions are the minimum which must be met for the
approval of a Special Permit. This list is not Intended to exclude the Imposition of any additional conditions by the
Zoning Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall be subject to
Section 4.2.7,

2, Infrastructure

a. Water and Sewer. The facility shall be connected to municipal water and sewer systems, All costs
associated with the extension of these services shal! be borne by the developer or applicant.

b. Roads. All newly created traveled ways shall be privately maintained with respect to roadway upkeep and
snow and Ice removal.

¢, Refuse. Collection and disposal of all refuse shall be provided privately,

d, Utllittas. All utilities on the site shall be Installed underground pursuant to approved methods of installation
and construction,

e. Safety. The facility shall have an integrated emergency call, security, telephone, and other communication
system to provide monitoring for its residents and direct line connection to the Canton Fire Department.

f. Open Space. At least twenty percent (20%) of the parcel shall be open space, which Is any land not
containing a building, structure, or Impervious surface material. The open space shall have a shape sultable to
assure Its use for areas of scenic beauty, landscaping and/or useable recreational purposes. At least ten
percent (10%) of the open space shall be for recreational use by patients and visitors, such as looped
pathways, settings for physical therapy, playground, courtyard, or gardens for walking. Outdoor areas should
be visible from patients’ rooms, Interior public spaces and corridors. Seventy-five (75%) of open space shall
be contiguous, and no piece shall be Included In the calculation of open land unless at least two hundred
square feet In size, Preserving existing stands of trees, trees at site perimeter, and contiguous vegetation with
adjacent sites are a priority.

g. Bonding procedures and requirements for roadways, utilities, structures, and site amenities for a factlity
shall be the same as those established by the Planning Board for subdivisions In the Town of Canton.

3, Dimensional Regulations

Hospital, Long-term care facillty, or Substance Abuse Detoxification or Treatment Center
Dimensional Regulations

1. Six to ten beds: 21,780 square feet (0.5 acre),
2. Eleven to 20 beds: 43,560 square feet (1 acre).
3. Every ten beds (or fraction thereof) over 20

beds: 21,780 square feet (0.5 acre).

Minimum Lot Size

Same as minimum lot size,
200 feet

Minimum Non-wetland Area
Lot Width

Determined by underlying zone
500 feet
500 feet

1

Setbacks
Proximity to existing resident!

al zone

facility, or substance abuse detoxification or

treatment canter

Maximum Number of Beds                                  115 beds

Maximum Height                                                40 feet or 3 floors, whichever Is less

4, Landscaping Requirements

a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or
landscaping, Plant materials characterized by dense growth which will form an effective year-round screen shall be
planted to form the screen, Screening shall consist of natural materials. To the extent practical, existing trees and
vegetation shall be retalned and used to satisfy the provisions of this section. All required plant materlal shail be
maintained by the owner In healthy condition and replaced with new plantings whenever necessary to Insure
continued compliance with screening requirements.

a, All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties by
a visually Impermeable six foot high landscape screen or fence.

b. All parking areas shall be screened from adjoining streets and abutting properties.

4.2.8 Out-patlent Only Medical Facllittes: Healthcare Facillties/Clinics or Out-patient Substance Abuse
Detoxification or Treatment Centers.

1, General: An out-patient healthcare facllity/clinic or out-patient substance abuse detoxification or treatment center
may be allowed by special permit from the Zoning Board of Appeals upon determination that all of the conditions set
forth below have been met. The following conditions are the minimum which must be met for the approval of a Special
Permit. This list is not intended to exclude the imposition of any additional conditlons by the Zoning Board of Appeals
or the Planning Board. In-patient facilities with out-patient components shall be subject to Section 4.2.7.

2, Infrastructure

a, Water and Sewer, The facility shall be connected to municipal water and sewer systems. All costs assoclated
with the extension of these services shall be borne by the developer or applicant.

b. Roads, All newly created traveled ways shall be privately maintained with respect to roadway upkeep and snow
and Ice removal.

c. Refuse. Collection and disposal of all refuse shall be provided privately.

d. Utilities, All utilities on the site shall be Installed underground pursuant to approved methods of Installation and
construction,

e. Safety, The facility shall have an integrated emergency call, security, telephone, and other communication
system to provide monitoring for its residents and direct line connection to the Canton Fire Department.

f. Bonding procedures and requlrements for roadways, utilltles, structures, and site amenitles for a facility shall
be the same as those established by the Planning Board for subdivisions in the Town of Canton.

3, Dimensional Regulations

Healthcare Facility/Cllnlc or Out-patlent Substance Abuse Detoxification or Treatment Center
Dimenstonal Regulations

Minimum Lot Size                                             Determined by underlying zone

Same as minimum lot size,
200 feet

Minimum Non-wetland Area
Lot Width

Frontage (ft,                                                      100 feet
Lot Coverage (%)                                                     25
Setbacks                                                        Determined by underlying zone

500 feet
500 feet

Proximity to existing residential zone

Proximity to existing heathcare facllity/clinic or
out-patient substance abuse detoxification or
treatment canter

Maximum Helght

40 feet or 3 floors, whichever Is less

4, Landscaping Requirements

a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or
landscaping. Plant materials characterized by dense growth which will form an effective year-round screen shall be
planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and
vegetation shall be retalned and used to satisfy the provisions of this section. All required plant material shall be
maintained by the owner In healthy condition and replaced with new plantings whenever necessary to Insure
continued compliance with screening requirements.

c. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties by
a visually impermeable six foot high landscape screen or fence.

d. All parking areas shall be screened from adjoining streets and abutting properties,

2

Board of Selectmen for Planning Board

Commentary: The goal of this and related zoning articles Is to modernize Canton's zoning regulations around medical
facilities and uses, The goals Include ensuring equity In housing, services, health and safety for everyone; To manage
development well, where thoughtful devetopment preserves town character, while providing services for a diversity of
residents; To provide necessary medical services for vulnerable populations, such as allowing for addiction services; To
clarify the definitions, uses, parking, and special regulations for medical faclllties (For example: hospitals, clinics,
doctor's offices) and restdentlal facilities with medical components (For example: senlor living facilities, nursing
homes). The new definitions will be clearly tled to state lcensing definitions and requirements, the uses vill require
mostly special permits, the parking will follow’ planning and design standards, and the special regulations svill minimize
the Impact of more Intensive uses on the town and residential neighbors,

PLANNING BOARD MOTION

MOVED:          That Zoning By-law 4.2 Special Regulations be amended by adding a new Section 4.2.7 and
Section 4.2.8 as presented In the warrant.

PLANNING BOARD VOTE:         3-2
I      CE CO           E REC                      i
MOVED:          The Finance Committee recommends that the motion presented by the Planning Board to

Town Meeting for Article 35 as written In the warrant be adopted.

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on February 6" and again
on March 6", 2019 to discuss the proposed article and provided an oral report on Article 35. Mr, Scully then moved
that Article 35 be adopted as printed in the warrant,

ADOPTED  VOT!

Attest;

coy)              :
nal                 £ Kev      Aa       oa
Tracy K, Kenjy, Canton Town Clerl

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019
FIRST SESSION

AMEND ZONING BY-LAWS SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS

Article 36 To see if the Town will vote to amend Zoning By-Laws Section 8.0 as foliows; or take any other action

thereto.

1. By amending zoning By-law 8.3 Convalescent or Nursing Home, Boarding or Lodging House, or Tourist Home to
delete references of “convalescent or nursing home” and “tourlst home” as follows:

8.3 Boarding or Lodging House

8.3.1. General. A boarding or lodging hous@ may be authorize by special permit by the Zoning Board of Appeals,
subject to the following requirements:

8.3.2, Requirements,
1, The building shall have the external appearance and general aspect of a one-family dwelling, or

2. The bullding shall be located on a lot that abuts a Non-Residential Zoning District, or shall be located ona
lot that abuts other lots containing bulldings used for one or more of such purposes or occupled by more than
two familles.

2, By amending Zoning By-law 8.2.2 Multifamily Dwellings Requirements by adding a new subsection 8, as follows:

8. Independent Sentor Living Apartments, age-restricted, but not considered an assisted living facility or
long-term care facility shall be treated as a multi-family dwelling.

3. By adding Zoning By-law 8.7 “Assisted Living Facilities” as follows:

8.7      Assisted Living Facilities

8.7.1 General, An Assisted Living Facillty may be authorized by special permit by the Zoning Board of Appeals,
subject to the following requirements. This list Is not intended to exclude the imposition of any additional conditions by
the Zoning Board of Appeals or the Planning Board under Site Plan Review:

8.7.2 Requirements

1. Water and Sewer: The assisted living facility site shall be connected to municipal water and sewer systems. All
costs associated with the extension of these services shall be borne by the developer or applicant.

2. Roads: All newly constructed ways shall be privately maintalned with respect to roadway upkeep and snow and
ice removal,

3. Refuse: Collection and disposal of all refuse shall be provided privately,

4. ‘Utilities: All utilities on the site shall be Installed underground pursuant to approved methods of installation and
construction.

5. Safety: The assisted living facility site shall have an Integrated emergency call, security, telephone and other
communication system to provide monitoring for Its residents and direct line connection to the Canton Fire
Department.

6, Open Space: At least thirty percent (30%) of the parcel shall be open space. The open space shall have a shape
suitable to assure its use for areas of scenic beauty, landscaping and/or recreation purposes. At least fifteen
percent (15%) of the open space shall be for recreational use by residents and visitors, such as looped pathways,
settings for physical therapy, playground, courtyards, gardens, swimming pools, tennis and other recreational

1

courts, playing flelds, putting greens, bocce courts, residential greenhouses of not more than two hundred and
fifty (250) square feet, or covered and uncovered sitting areas. Outdoor areas should be visible from resident's
rooms, Interior public spaces and corridors, Seventy-five (75%) of open space shall be contiguous, and no plece
shall be Included in the calculation of open land unless at least two hundred square feet in size. Preserving
existing stands of trees, trees at slte perlmeter, and contiguous vegetation with adjacent sites are a priority,

7. Affordable Units; For assisted living premises containing more than ten (10) divelling units, in consideration
of the increases In the othenvise permissible density of population or Intensity of a particular use authorized
pursuant to this Section 8,7, at least twelve and half (12.5%) of the dwelling units, In no case less than one (1)
unlt, shall be deed restricted In perpetuity as "Affordable Units" as defined In the applicable regulations of the
Department of Housing and Community Development,

8.7.3 Dimensional Regulations

Assisted Living Facility Dimensional Regulations

2,5 acres
2.5 acres
200 feet
125 feet

25
Determined by underlying zone
|4,000squarefeet

4,000 square feet
115 units

Minimum Lot Size

Minimum Non-wetland Area
Lot Width
Frontage (ft)
Lot Coverage (%

Setbacks                                 _
Minimum Lot Area per Dwelling Unit          :
Maximum Number of Units In an Assisted Living
Facili
Maximum Height                                   =<

AQ feet or 3 floors, whichever Is less

8.7.4 Landscaping and Buffering Requirements

1. Buffer zone: The side and rear lot IInes shall be screened by a ten (10) foot width of dense natural growth or
landscaping. Plant materlals characterized by dense growth which will form an effective year-round screen shall
be planted to form the screen. Screening shall consist of natural materials, To the extent practical, existing trees
and vegetation shall be retalned and used to satisfy the provisions of this section. All required plant material shall
be maintained by the owner In healthy condition and replaced with new plantings whenever necessary to insure
continued compliance with screening requirements.

2. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties
by a visually impermeable six foot helght landscape screen or fence and through the use of appropriate
landscaping.

3. All parking areas shall be screened from adjoining streets and abutting properties.

4, The Planning Board or Zoning Board may require buffer areas at specific locations along the perimeter as

necessary to provide an additional visual buffer.

8.7.5 Accessory Uses

i. Garages for common use vehicles owned by the operating entity.

2, One single-story bullding to house snow removal, lawn maintenance, and recreational equipment. Such bultding
shall not exceed 3,000 square feet.

3. Outdoor recreational facilities, This may Include outdoor swimming pools, tennis and other recreational courts,
playing fleids, putting greens, bocce courts, gardens, residential greenhouses of not more than two hundred and
fifty (250) square feet, covered and uncovered sitting areas.

4. Any and all other uses normal accessory, or incidental to an assisted living facility. Accessory uses shall comply
with principal density, dimensional, and buffering requirements,

8.7.6 Non-Residential Uses

The operator of a long-term care facility may also provide optional services on the site Including but not Ilmited to local

transportation, barber/beauty services, meals, laundry, exercise, healthcare, entertainment, sundries for personal

consumption, and other amenities, provided;

4, Such uses serve the resident, quests, and employees of the assisted llving facility only

2. Such uses are conducted within and may be entered only from within a principal bullding

3. There is no external evidence of such uses visible beyond the development site

4. The appearance and character of the commercial uses are compatible with a residential development. The non-
residential uses are accessory uses for the assisted living facility and if the underlying asststed living facility use
is discontinued the non-residential use shall not continue.

8.7.7 Public Transportation: Applicant shall provide shuttle service for residents to nearby public
transportation facllitles and other community resources.

2

8.7.8 Decision: A site plan pursuant to the provisions of Section 10.5 shall be required. The Zoning Board
of Appeals may Issue a special permit for a development when It finds that the proposed use {s in harmony
with the purpose and intent of the bylaw and the proposal shall be subject to the general or specific
provisions set forth herein. The Zoning Board of Appeals may way any or all dimensional requirements, when,
In the judgement of the Zoning Board of Appeals, such action Is In the public Interest and not Inconsistent
with the provisions of this Section 8.7. Any such permit Issued may also Impose reasonable conditions,
safeguards and limitations of time and use. The Zoning Board of Appeals as Special Permit Granting Authority
reserves the right to amend, modlfy or revoke any permit granted for noncompliance of aforesaid conditions.
Board of Sefactmen for Planning. Board

Commentary: The goal of this and related zoning articles is to modernize Canton’s zoning regulations around medical
facilities and uses, The goals Include ensuring equity In housing, services, health and safety for everyone; To manage
development well, where thoughtful development preserves town character, while providing services for a diversity of
residents; To provide necessary medical services for vulnerable populations, such as allowing for addiction services; To
clarify the definitions, uses, parking, and special regulations for medical facilities (For example: hospltals, clinics,
doctor's offices) and residential facilities with medical components (For example:  sentor living facilities, nursing
homes). The new definitions will be clearly tied to state licensing definitions and requirements, the uses will require
mostly special permits, the parking will follow planning and design standards, and the spectal regulations will minimize
the Impact of more Intenslve uses on the town and residentlal neighbors.

Proposed residential special regulation changes include:
* Treating Independent senior living apartments (age-restricted) as multl-family dwellings and required to
follow those special regulations (Section 8.2.2 Multifamlly Dwellings Requirements)
» Separating convalescent or nursing homes from “Boarding or Lodging Houses, or Tourlst Homes” and creating
special regulations for those uses In another Section
* By adding special regulations for Assisted Living Facilities

PLANNING BOARD MOTION
MOVED:           That Zoning By-Laws Section 8.0 be amended as follows:

That Zoning By-Laws Section 8.0 be amended as follows,

1. By amending zoning By-law 8.3 Convalescent or Nursing Home, Boarding or Lodging House, or Tourist
Home to delete references of “convalescent or nursing home” and “tourist home” as follows:

8.3 Boarding or Lodging House

8.3.1. General. A boarding or lodging house may be authorize by special permit by the Zoning Board of
Appeals, subjact to the following requirements:

8.3.2, Requirements.
1, The bullding shall have the external appearance and general aspect of a one-family dwelling, or
2. The building shall be focated on a lot that abuts a Non-Residential Zoning District or shall ba
located on a lot that abuts other lots containing buildings used for one or more of such purposes

or occupled by more than two families,

2, By amending Zoning By-law 8.2.2 Multifamily Dwellings Requirements by adding a new subsectlon 8,
as follows:

8. Independent Senlor Living Apartments, age-restricted, but not considered an assisted ving
facllity or long-term care facllity shall be treated as a multi-family dwelling.

3. By adding Zoning By-law 8.7 “Assisted Living Facilities” as follows:

8,7

Assisted Living Facilities

8.7.1 General, An Assisted Living Facility may be authorized by special permit by the Zoning Board of
Appeals, subject to the following requirements. Thts list Is not intended to exclude the Imposition of any
additional conditions by the Zoning Board of Appeals or the Planning Board under Site Plan Review:

8.7.2 Reaquiraments

1.

2

7.

Water and Sewer: The assisted living facllity site shall be connected to municipal water and sewer
systems. All costs associated with the extension of these services shall be borne by the developer or
applicant,

Roads: All newly constructed ways shall be privately maintained with respect to roadway upkeep and
snow and tce removal.

Refuse: Collection and disposal of all refuse shall be provided privately.

Utilities: All utilities on the site shall be Instalied underground pursuant to approved methods of
installation and construction.

Safety: The assisted living facllity site shall have an Integrated emergency call, security, telephone
and other communication system to provide monitoring for its residents and direct Ine connection to
the Canton Fire Department,

Open Space: At least thirty percent (30%) of the parcel shall be open space, The open space shalt
have a shape suitable to assure Its use for areas of scenic beauty, landscaping and/or recreation
purposes, At least fifteen percent (15%) of the open space shall be for recreational use by residents
and visitors, such as looped pathways, settings for physical therapy, playground, courtyards,
gardens, swimming pools, tennls and other recreational courts, playing flelds, putting greens, bocce
courts, residential greenhouses of not more than two hundred and fifty (250) square feet, or covered
and uncovered sitting areas, Outdoor areas should be visible from resident's rooms, Interlor public
spaces and corridors. Seventy-five (75%) of open space shall be contiguous, and no piece shall be
Included In the calculation of open land unless at least two hundred square feet In size, Preserving
existing stands of trees, trees at site perimeter, and contiguous vegetation with adjacent sites are a
priority.

Affordable Units: For assIsted living premises contalning more than ten (20) dwelling units, In
consideration of the increases tn the otherwise permissible density of population or Intensity of a
particular use authorized pursuant to this Section 8,7, at least twelve and half (12.5%) of the
dwelling units, In no case less than one (1) unlt, shall be deed restricted In perpetuity as "Affordable
Units" as defined in the applicable regulations of the Department of Housing and Community
Development,

8.7.3 Dimenstonal Regulations

Assisted Living Facility Dimenslonal Regulations

Minimum Lot Size                                              2,5 acres
| Minimum Non-wetland Area                               2.5 acres

Lot Width                                                    200 feat

Frontage (ft.)                                                125 feet

Lot Coverage (%)                                          25

Open Space (%)}                                            30
| Setbacks                                                  Determined by underlying zone
(Minimum Lot Area per Dwelling Unit___               4,000 square feet

Maximum Number of Units in an Assisted Living     115 units

Facility

Maximum Height                                             40 feet or 3 floors, whichever is less

8.7.4 Landscaping and Buffering Requirements

i.

2.

Buffer zone; The side and rear lot IInes shall be screened by a ten (10) foot width of dense natural
growth or landscaping, Plant materlals characterized by densa growth which will form an effective
year-round screen shall be planted to form the screen. Screening shall consist of natural matertals,
To the extent practical, existing trees and vegetation shall be retained and used to satisfy the
provisions of this sectlon, All required plant material shall be maintained by the owner In healthy
condition and replaced with new plantings whenever necessary to Insure continued compliance with
screening requirements.

All outdoor refuse collection and loading areas shall be screened fram adjoining streets and abutting
properties by a visually Impermeable six-foot helght landscape screen or fence and through the use
of appropriate landscaping.

All parking areas shall be screened from adjoining streets and abutting properties,

4

4. The Planning Board or Zoning Board may require buffer areas at specific locations along the
perimeter as necessary to provide an additional visual buffer.

8.7.5 Accessory Uses

1. Garages for common use vehicles owned by the operating entity.

2, One single-story building to house snow removal, lawn maintenance, and recreational equipment.
Such building shall not exceed 3,000 square feet,

3. Outdoor recraational facilities. This may Include outdoor swimming pools, tennis and other
recreational courts, playing flelds, putting greans, bocce courts, gardens, residential greenhouses of
not more than two hundred and fifty (250) square feet, covered and uncovered sitting areas,

4. Any and all other uses normal accessory, or Incidantal to an assisted living facility, Accessory uses
shall comply with principal density, dimensional, and buffering requirements.

8.7,6 Non-Residential Uses

The operator of a long-terin care facility may also provide optional services on the site Including but not

limited to focal transportation, barber/beauty services, meals, laundry, exercise, healthcare,

entertalnment, sundries for personal consumption, and other amanitles, provided:

1. Such uses serve the resident, quests, and employees of the assisted living facility only

2. Such uses are conducted within and may be entered only from within a principal building

3. There Is no external evidence of such uses visible beyond tha development site

4, The appearance and character of the commercial uses are compatible with a residential development,
The non-residentlal uses are accessory uses for the assisted living facility and if the undertying
assisted Ilving facility use is discontinued the non-residential use shall not continue.

8.7.7 Public Transportation: Applicant shall provide shuttle service for residents to nearby public
transportation facilities and other community resources.

8.7.8 Decision: A site plan pursuant to the provisions of Section 10,5 shall be required, Tha
Zoning Board of Appeals may Issue a special permit for a development when it finds that the
proposed use fs in harmany with the purpose and Intent of tha bylaw and the proposal shall be
subject to the general or specific provisions set forth herein. The Zoning Board of Appeals may
wave any or all dimenslonal requirements, when, In the judgement of the Zoning Board of Appeats,
such action is In the public Interest and not inconsistent with the provisions of this Section 8.7,
Any such permit Issued may also Impose reasonable condittons, safeguards and limitations of time
and use, The Zoning Board of Appeals as Special Permit Granting Authority reserves the right to
amend, modify or revoke any permit granted for noncompliance of aforesald conditions.

PLANNING BOARD VOTE:         5-0
INA        OMMITTE                   D.          i
MOVED:          The Finance Committee recommends that the motion presented by the Planning Board to
Town Meeting for Article 36 as written in the warrant be adopted,

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on February 6" and again
on March 6", 2019 to discuss the proposed article and provided an oral report on Article 36, Mr. Scully then moved
that Article 36 be adopted as printed In the warrant.

ADOPTED UNANIMOUS VOICE VOTE

   AEE Cpa a-ha

Tracy K. Kengey, Canton Town Clerk,7

ANNUAL. TOWN MEETING
TOWN OF CANTON
MAY 13, 2019
FIRST SESSION

ARTICLE 37

AMEND ZONING BY-LAW SECTION 6.1. OFF-STREET PARKING
Article 37 To see if the Town will vote to amend Zoning By-law Section 6.1.1. for Parking Requirements in All Districts
by adding new, separate off-street parking principal uses and requirements for “Assisted Living facliitles;” “In-patient
medical facilities: long-term care facilities, hospitals, or In-patient substance abuse detoxification or treatment
centers;" and “Out-patient facilities: clinics, medical offices, and out-patlent substance abuse detoxification or
treatment centers,” and to revise “Boarding and lodging houses, tourlst homes, hotels, motels” as follows:
PRINCIPAL USE                                  _T REQUIRED PARKING
Assisted Living Facilities                                           0.5 spaces/ 1,000 bullding gross square footage plus
employee parking as deemed adequate by the Board of
Appeals
One parking space for each sleeping room for single or
double occupancy, or, where not divided Into such
tg (as In a dormitory), one space for each two (2)
eds
2,5 spaces/ 1,000 bullding gross square footage

Boarding and lodging houses, hotels, motels

, In-patient medical facllities: long-term care facllitles,
hospitals, or in-patient substance abuse detoxification or
treatment centers
Out-patient medical facilities: clinics, medical offices, or
out-patient substance abuse detoxification or treatment
centers
or to take any other action related thereto.

Board of Selectmen for Planning Board

4.0 spaces/ 1,000 building gross square footage

Commentary: The goal of this and related zoning articles Is to modernize Canton’s zoning regulations around medical
faclitties and uses, The goals Include ensuring equity In housing, services, health and safety for everyone; To manage
development well, where thoughtful development preserves town character, while providing services for a diversity of
residents; To provide necessary medical services for vulnerable populations, such as allowing for addictton services; To
clarify the definitions, uses, parking, and special regulations for medical facilities (For example: hospitals, clinics,
doctor's offices) and residential faclilties with medical components (For example: senlor living facilitles, nursing
homes). The new definitions will be clearly tled to state licensing definitions and requirements, the uses will require
mostly special permits, the parking will follow planning and design standards, and the spectal regulattons will minimize
the Impact of more tntensive uses on the town and residential neighbors,
Proposed parking regulation changes Include:

« Adding parking regulations for assisted living facilitles

« Separating nursing and convalescent homes from Boarding and lodging houses, tourist homes, hotels, and

motels - rather, those uses will be Included In-pattent facilities
« Adding in-patlent and outpatient medical facllity parking requirements

PLANNING BOARD MOTION

MOVED:          That Zoning By-law Section 6.1.1. for Parking Requirements in All Districts be amended by
adding new, separate off-street parking principal uses and requirements for “Assisted Living facilities;”
“In-patient medical facilities: long-term care facilities, hospitals, or In-patient substance abuse
detoxification or treatnent centers;” and “Out-pattent facilities: clinics, medical offices, and out-patient
substance abuse detoxification or treatment centers," and to revise “Boarding and lodging houses, tourist
homes, hotels, motels” as follows:

REQUIRED PARKING

0.5 spaces/ 1,000 bullding gross square footage
plus employee parking as deemed adequate by
the Board of Appeals

One parking space for each sleeping room for
single or double occupancy, or, where not divided
Into such rooms (as In a dormitory), one space
for each two (2) beds

2.5 spaces/ 1,000 bullding gross square footage

PRINCIPAL USE
Assisted Living Facilities

Boarding and lodging houses, hotels, motels

In-patient medical facilitles: long-term care
facilities, hospitals, rehabilitation hospitals, or In-
patient substance abuse detoxification or
treatment centers

Out-patient medical facilities: clinics, medical
offices, or out-patient substance abuse
detoxification or treatment centers

4,0 spaces/ 1,000 building gross square footage

PLANNING BOARD VOTE:          5-0
INANCE                      COMMENDATION:
MOVED:           The Finance Committee recommends that the motion presented by the Planning Board to

Town Meeting for Article 37 as written in the warrant be adopted,

FINANCE COMMITTEE VOTE: 7-0

Thomas Scully, Chairperson of the Planning Board, stated that the Planning Board convened on February 6” and again
on March 6", 2019 to discuss the proposed article and provided an oral report on Article 37, Mr. Scully then moved
that Article 37 be adopted as printed in the warrant.

ADOPTED LINANI

Attest:

i 7     _— 5         bee
.      | a d   ee Ge

Tracy K, Kenney, Canton Town Clerk Cy

ANNUAL TOWN MEETING
TOWN OF CANTON
MAY 13, 2019
FIRST SESSION

ARTICLE 33:

AMEND ZONING BY-LAWS = DELETE SENIOR HOUSING OVERLAY DISTRICT
Article 38 To see If the Town will vote to amend the Zoning By-laws:

i.        By deleting Section 9.9 Canton Senior Housing Overlay District (SHOD) the text of which Is being deleted appears
below indicated by strike out.

970-GANTFON-SENTOR-HOUSING-OVEREAY DISTRICT

9,0--—_Purpese-the purpese-of the Senior Hausing-Overtay-DistHet {(SHOD)-Is-tor

4.—_Previde-ferthe-establishment-ef-a specialized Sener Housing-Community-thatavill-furnlst-mixed-and-diverse- varieties
of-enriched-serviee;-supporive-and secure-heusing ferindividuals-sinty-twvo-(62)}-years-oF-age-or-olderwhe-do-not
wantor-need-placementin-a-hespital-or-nursiig-homer

2>—GCreate-regulatory_proceduresto promote fiexibility_in-landise-planniagin-apprepratetecations-_fer-thetuses-defined

herein

3.—Provide-forresidential developmentin-aimannerthat-conserves-enviren mental features weodlandswet-areas-epen
space,-areas-of-scenle beauty,-views-and-vistes. Such-communities shall be-designed-te-achleve-compatibl Hey vtth
their-stirroundings-andte-enceurage-orderiy-and-well-planned-developmient:

tc ag eed i! fee eg fll nn gr a wel an Sea aa
Ftand-which-has-been-designated-b y-a-tewn- meeting vate; Ail-requirements-of the-underying
wong GHCisSAES) ibd seanicie in Pl foven-sract-etineby alteny trhere-the+equirements-of the-SHOD-aretess-restrictive or
provide-fortises-er-structures-net-othenvise-avallablein the underying distriet(s}-it-suelt-eases-the-requirements-ef-the
i                 e-the-underying-zoning-regulations+upen-theteguance of-a-spectal permit-from the-Zoning-Beard-of
Appeals:

9;0;3-Leeatiens-and-EHgibiity:Ho-pareel shall be-placedtathe SHOB-unless-t-contalnsten-40)-contiguous-upland
aeres-oftand. the teeation-ofa-SHOD-shalHnelude-all-and-designated-by-Fewn Meeting-as_being- within the SHOB;
pursuant-te-Git.e-40A;s-S;

979;4-Definltions; See Section 44, “Senlor Housing Overlay DistHet”

0075-Use Restretions-and-Requiraments-A-Senier Housing Community may -be-authorized-by a special permitissued

by-the-Zening-Board-of Appeals-pursuantte this Section-andin-complanee-witit the standards-set-ferth herein:

4+:—Multifarally residential struetures-censisting-of dwelling units occupled-by persons 62-years of age or-elderand-whieh
are-designec-astownhouse-style-structureste-have-dwelling units -side-by-side-oras-apartment-style-structuresto
have-dwellingatnits-placed-one-above-anether-trere-may-be-more than anc building on-a-singleloHn-a-Senior
Housing-Community with-aminimum ofthirty feet for interna HHetine setbacks within the Senter Heusing-Community:

2— Struetures-ancuses-accessory to the Senior Housing Communityineluding-but not imited te: meals and communal
dining,-transpertation jaundry,+eereation, entertainment; exerelse; healtheare; therapy, beautifieation,-automated
tellermachines-ondimited-banking;-and-community-activides:

3-—<All Senlor-Housing-Community dwellings shall be-connectedte-the-publie-sewer-er shalt comply with the -provisions-of
the-State-Sunitary-Code;346-CMR-+5.06,any-ebierappllenhle-State requiations, and with the-rules-of+he-Fewn- ef
Ganten-Beard-of Health:

9;9;6-Density:Ne-bullding- or structure-shall-be-designed, arranged-or- constructed-and-ne-building; steueture-oriand shall

be-sed-inavhele-erinpartpavhiet-exeeed onciwellinginlk-per—three- thousand seven hundred-and4ift-<3,750)-square

feet-of “bulldabletot-area_Upon placement of ar eligible subject- property inthis SHOD by vote-of-Fewn-Meeting--andt

the-applicantforaspecial permit pursuant te this Section-9-9-destres-to subdivide the subject-property-forthe-sele
purpese-of-denating-a-portien of the subjfect_ property's total acreage te the Town of Canton, and-where the-subject

t roperty- shal sherofter fully iviatebain-complanes-with-all-ether requiremente-of the herth    n-overtay-d

Permit-Granting Authority may-adfust the density-factor te-allow the subject property te malntaln-the-right-te-tota-unit

ceunt-available-prierto-any-such subdivision and subsequent donation; Sald-denatien- shall be +ecelved-bytheTrown-oF

Ganten-viatts Board of Selectmen-subject te MGE-Ch--44-s-53A--Underne-elreumstanees shall such a -subdivision-ea

subjeet-property-to be out-of eenformity-with-any-ether requirement-ef the herein-overlay-distict: