CANTON — Thanks to selectmen and enough residents who submitted applications, Canton now has a Board of Appeals.

There are two projects denied by the Planning Board that are waiting for an appeals hearing.

Board of Selectmen Chairman Donny Hutchins said Torey Olaf Johnson, Dave Bowen, Jackie Kilbreth, Kristi White and Jason Vaughan offered to serve on the appeals board.

Selectman Malcolm Ray abstained from the proceeding, because his project is one of the two. Earlier this year, Ray proposed reviving the downtown by constructing three buildings between Whitney Brook and Main Street/Route 140. Ray proposed to improve and build atop old foundations.

He also wants to rebuild the retaining wall on the left side of his building. But the Planning Board denied approving a building permit for the project, because it didn’t meet a setback requirement.

Selectmen initially discussed granting Ray variances before deciding the town needed a Board of Appeals for such work.


Hutchins said the town needed at least three members, but he was pleased that five applied. Selectman Brian Keene motioned to appoint all five. It was seconded by Selectman Russell Adams. Selectman Robert Walker Jr. was absent.

However, Hutchins said selectmen needed to decide on service terms for each and to stagger the years. He suggested defeating Keene’s motion, which they did by a 3-0 vote.

Hutchins asked Johnson, who was seated in the front row of the sparse audience, if he was OK serving a five-year term. Johnson replied affirmatively.

Hutchins suggested White should also serve a five-year term, and added that terms for Vaughan and Kilbreth each should be three-year terms and one year for Bowen.

Selectmen voted 3-0 for each.

Jackie Kilbreth’s husband, Scotty Kilbreth, Canton’s administrator, came into the building after the vote and said she had rescinded her application. Selectmen didn’t vote to accept her resignation; they acknowledged the information verbally.

Selectmen also reviewed next month’s town meeting warrant, but Hutchins and Keene found problems that needed correcting before the board would sign off on it. The matter was tabled until the town clerk could make the changes that night.

After covering everything on the agenda and a few minor additions pertaining to ballot clerks and June’s town meeting, they voted to enter into an executive session to discuss legal consultation.

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