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Recommendations of the Finance Committee for Annual Town Meeting
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Source page 81
ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 20
APPROPRIATION FOR MASTER PLAN UPDATE
Article 20 To see if the Town will vote to raise and appropriate up to $15,000, by transfer from available funds, by
borrowing under the provisions of M.G.L. chapter 44, to be spent by the Chief Procurement Officer with the approval
of the Select Board, for the purpose of enabling the Planning Department to engage a consultant, or consultants, to
perform a five (5) year review and update to the Action Plan section of the 2020 Canton Master Plan; said process
to be conducted under the general supervision of the Town Planner, with the advice and assistance of the Master
Plan Implementation Committee, or take any other action related thereto.
Select Board for the Master Plan Implementation Committee
Select Board Discussion: The Select Board supports the request for funds by the Master Plan Implementation
Committee to conduct a 5 year plan update. Vote 5-0.
MOVED: That the sum of Fifteen Thousand Dollars ($15,000) be appropriated to be spent by the
Chief Procurement Officer with the approval of the Select Board for the purpose of enabling the Planning
Department to engage a consultant to perform a five (5) year review and update to the Action Plan
section of the 2020 Canton Master Plan with said process to be conducted under the general supervision
of the Town Planner with the advice and assistance of the Master Plan Implementation Committee and
to meet this appropriation the sum of Fifteen Thousand Dollars ($15,000) be transferred from Free Cash
(Undesignated Fund Balance) in the Treasury of the Town.
FINANCE COMMITTEE VOTE: 7-1
FINANCE COMMITTEE DISCUSSION:
The Finance Committee supports Article 20 to update the Action Plan of the Canton Master Plan.
The current Canton Master Plan was adopted in 2020 by the Planning Board following a two-year process by the hired
consulting firm of Horsley Witten and the work of the Town Planner and the Master Plan Steering Committee.
The developed fifteen-year plan was the culmination of a process that began with the approval of Article 47 at the
2017 Annual Town Meeting appropriating the funds for it.
The Canton Master Plan encompasses a wide range of topics and offers findings and recommendations on them.
These areas include housing and neighborhoods, public health and social wellbeing, town services, economic
development and workforce issues, open space and recreation, local and regional transportation, historical
preservation, arts and culture, environmental protection, energy conservation and generation, adaption to natural
hazards and climate change, and three additional specific focus areas (Canton Junction, the Route 138 Corridor, and
the Downtown) where many action goals can align. There were three primary documents delivered to the Town as
part of that project. The first was a Baseline Report of existing conditions from that time. The second was a Roadmap
document that included the findings from research that was conducted and the recommended policies and goals for
each topic area that were drawn from the determined guiding principles for each area. The third document was the
Action Plan that suggested specific actions for implementing the goals of the Master Plan, with timeframes for
completion and suggested responsible parties for each action item.
The aforementioned Action Plan was then used to develop a Strategic Framework for 2020-2025 to map out the first
five years of implementation of the Master Plan. The implementation of the Master Plan has been guided by the
Master Plan Implementation Committee since 2021 with the Town Planner as the committee’s staff member. It has
met with many stakeholders and responsible parties to promote the implementation of the Master Plan based on the
recommendations of the Action Plan and the related Strategic Framework. That framework has served the Town well
but is reaching the end of its planned life of five years. In 2024, the Town Planner and the Master Plan Implementation
Committee agreed that an update of the Action Plan was needed.
Article 20 would appropriate $15,000 from Free Cash (Undesignated Fund) and allow the Planning Department under
the lead of the Town Planner, or Interim Town Planner, with the advice and assistance of the Master Plan
Implementation Committee to procure the services of a consultant to update the Action Plan of the Canton Master
Plan and through it develop a Strategic Framework for the next five years. This proposed update will review what
Master Plan recommendations have already been completed and determine what would be the next appropriate steps
for those action items. The update would also identify what obstacles might be preventing incomplete action items
from being realized. Further, it will determine if there should be any new or amended action items or goals based on
the changing times since the Master Plan’s development in 2017-2019 and its approval in 2020. This update would
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ANNUAL TOWN MEETING – MAY 12, 2025
also likely engage responsible parties in order to update the Action Plan and through it the Strategic Framework for
the second five-year implementation period of the Canton Master Plan (2026-2030).
The Master Plan Implementation Committee is a volunteer Town committee and it would not have the capacity to
complete this update on its own. Further, it is essential to have an update done by professional consultants to ensure
that the Canton Master Plan presents an accurate and up-to-date set of action items to serve the Town effectively
and legitimately by taking advantage of a consultant’s expertise and experience.
The Canton Master Plan has served as a resource to help guide the Town on a wide range of areas that are beneficial
to the community. Keeping the Canton Master Plan updated to reflect changing times is an affirmation of the original
funds that the Town Meeting approved in 2017 for its development while also making sure that its recommended
policy actions are in-tune with the needs of the residents of Canton and encourage the best use of Town resources
through up-to-date guidance. The funding of this update through Article 20 would allow the Canton Master Plan’s
Action Plan and related Strategic Framework to continue to serve the Town effectively as a living document with any
needed updates and any new findings incorporated into the next five-year segment of its implementation.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 21
CH 43D DESIGNATION 30 DAN ROAD
Article 21 To see if the Town will accept the provisions of chapter 43D of the Massachusetts General Laws as
amended pursuant to Section 11 of chapter 205 of the acts of 2006, and approve the filing of an application with the
Massachusetts Interagency Permitting Board for the designation of land at 30 Dan Road (Parcel ID 76-15) as a
Priority Development Site, or take any other action in relation thereto.
Select Board
Select Board Discussion: The Select Board supports the Board of Assessors request and Economic Development
Committee’s recommendation to designate 30 Dan Road as a 43D Priority Development Site. This designation will
assist in attracting companies in the Bio-Science/Pharma sector to establish a foundation in Canton. Vote 5-0.
MOVED: That the Town accept the provisions of chapter 43D of the Massachusetts General Laws
as amended pursuant to Section 11 of chapter 205 of the acts of 2006, and that the Town approve the
filing of an application with the Massachusetts Interagency Permitting Board for the designation of land
at 30 Dan Road (Parcel ID 76-15) as a Priority Development Site.
FINANCE COMMITTEE VOTE: 8-0
DISCUSSION:
The Finance Committee unanimously supports Article 21, which would allow the Town to apply to have the land parcel
and building at 30 Dan Road designated as a Priority Development Site for expedited local permitting as defined by
Massachusetts General Law (M.G.L.) Chapter 43D.
Under the aforementioned law, the Town can file an application with the Massachusetts Interagency Permitting Board,
which reviews the eligibility of proposed priority development sites at the state level, to have the site receive that
Priority Development Site designation. The M.G.L. Chapter 43D designation allows the property to receive expedited
permitting from the Town of Canton to encourage the redevelopment of this property, which has been vacant for
several years. The current owner/developer, Jumbo Capital, has already invested in the property since purchasing it
by building a large addition to the original building with a new high bay and other upgrades that will encourage some
form of advanced manufacturing at the site. The addition can serve as a shell to be filled by a future property owner,
or tenant, to fit their specific customized needs and uses. The original section of the building can be used for offices
or labs.
Providing expedited permitting, or 43D, status to a site, increases the desirability and profile of the site in the real
estate market while allowing a potential buyer, or lessee, to know that there will be a prompt timeline (180 days
from the submission of a fully completed and accurate permitting request application) to obtain permitting and review
decisions from the Town through the applicable Town permitting and project reviewing authorities. This expedited
permitting process would not override the need for those permits, decisions, and transparent Town reviews with civic
participation that are usually required for such a site development. Rather, it would merely expedite those decisions
for the applicant and make certain that those decisions are provided in a predictable timeline.
This expedited permitting process will promote a quick and efficient redevelopment of the property and allow this
private property asset to grow as part of the Town’s commercial base after being offline for some time with significant
value now added. As this site is zoned Limited Industrial, it is hoped that a technology firm, such as a
biotech/biomanufacturing company or other high-tech manufacturer, might decide to purchase, or locate to, the site,
which would further strengthen Canton’s growing status as a technology and innovation hub in the region.
Since the Town adopted this state law and opted into the program at the 2007 Annual Town Meeting, it has used
these Chapter 43D expedited permitting designations on selected eligible properties, often with great success. It has
frequently allowed targeted underutilized properties to become renewed generators of economic activity for the Town.
The redevelopment of 30 Dan Road into an active site for light industry would allow for value to be added to the
property. Therefore, a vote for Article 21 will promote economic development in Canton, allow the Town to capture
greater tax revenue from the eventual new growth at 30 Dan Road that will help support Town services and expenses,
and provide more potential employment opportunities in our community. It is a wise move in economic development
that will have positive externalities for the Town.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 22
AMEND GENERAL BY-LAW (CAASA) ARTICLE XVI SECTION 24
Article 22 To see if the Town will amend General By-Law (CAASA) Article XVI Section 24 paragraph (b) by striking
“seven (7)” and replacing it with “eight (8)” in the second line and by adding “one member representing the
Department of Elder and Human Services” before “one member representing the Fire and Rescue Department…” in
the fifth line, or take any other action related thereto.
Select Board
Select Board Discussion: The Select Board supports CAASA’s request to formally add the Director of the Department
of Elder and Human Services to its composition. A representative of DEHS has been a non-voting member of CAASA
since its conception. The committee is requesting to add a representative of DEHS as a formal voting member due
to the expansion of human services of the committee. Vote 5-0.
MOVED: That the Town amend the General By-Law (CAASA) Article XVI Section 24 paragraph (b)
by striking “seven (7)” and replace it with “eight (8)” in the second line and add “one member
representing the Department of Elder and Human Services” before “one member representing the Fire
and Rescue Department…” in the fifth line.
FINANCE COMMITTEE VOTE: 6-0
DISCUSSION: Given the role of the Department of Elder and Human Services in our community and their active
involvement on the committee the Finance Committee supported moving a representative of DEHS to a voting role
on CAASA.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 23
ACCEPT STATE STAUTUE MGL CH. 59, SECTION 5, CLAUSE 22I
Article 23 To see if the town will vote to accept General Laws Chapter 59, Section 5, Clause 22I, which authorizes
an annual increase in the amount of the exemption granted under General Laws Chapter 59, Section 5, Clause 22,
Clause 22A, Clause 22B, Clause 22C, Clause 22E and Clause 22F by the percentage increase in the U.S. Department
of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI) for the previous year as determined by the
Commissioner of Revenue, to be effective for applicable exemptions granted for any fiscal year beginning on or after
July 1, 2025, or take any other action related thereto.
Select Board for the Board of Assessors
Select Board Discussion: The Select Board supports the Board of Assessors article to accept a statute which
authorizes an annual increase in the amount of the exemption granted to Veteran’s under certain circumstances.
Vote 5-0.
MOVED: That the Town accept General Laws Chapter 59, Section 5, Clause 22I, which authorizes
an annual increase in the amount of the exemption granted under General Laws Chapter 59, Section 5,
Clause 22, Clause 22A, Clause 22B, Clause 22C, Clause 22E and Clause 22F by the percentage increase in
the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI) for the previous
year as determined by the Commissioner of Revenue, to be effective for applicable exemptions granted
for any fiscal year beginning on or after July 1, 2025.
FINANCE COMMITTEE VOTE: 7-0
DISCUSSION: In 2024 the Governor signed the HERO Act into law to provide enhanced veterans benefits all state
residents who served in the military. The Act has a local provision that modifies exiting abatements to allow qualifying
veterans to apply for an additional $400 abatement on their primary property annually, plus there are additional
abatements for disabled veterans. The town had 78 veterans that were eligible for these abatements, and 22
veterans for additional abatements. An estimated total of $73,200 will be abated for FY26 following the passage of
this act, with future annual adjustments and incremental increases. These abatements will be subsidized partially
by the state. The Finance Committee unanimously supported this recommendation to Town Meeting. In addition,
the Veterans agent and the Board of Assessors support this recommendation.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 24
ACCEPT STILLWATER ROAD AS A PUBLIC WAY
Article 24 To see if the Town will vote to accept Stillwater Road as a public way, as recommended by the Planning
Board and laid out by the Select Board pursuant to G.L. c. 41 and c. 82, as shown on a plan entitled “Final As-Built
Road Utility Plan for Canton Reserve (Stillwater Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc.,
dated January 16, 2024, and revised on August 7, 2024, prepared by ESE Consultants, 116 Flanders Road, Suite
1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter referred to as the
“Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and
easements for the creation, maintenance, and operation of a public way, including but not limited to easements for
access, grading, drainage, sloping, construction, and utilities, in all or any portions of the way and the parcels on
such street as listed below; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute, or
transfer from available funds, a sum of money for such purposes; and further to authorize the Select Board to take
any and all related actions necessary or appropriate to carry out the purposes of this article, or take any other action
related thereto.
Property Address Town Assessor ID
5 Stillwater Rd. Map 101 - Lot 110
10 Stillwater Rd. Map 101 - Lot 93
15 Stillwater Rd. Map 101 - Lot 109
20 Stillwater Rd. Map 101 - Lot 94
25 Stillwater Rd. Map 101 - Lot 108
30 Stillwater Rd. Map 101 - Lot 95
35 Stillwater Rd. Map 101 - Lot 107
40 Stillwater Rd Map 101 - Lot 96
45 Stillwater Rd. Map 101 - Lot 105
50 Stillwater Rd. Map 101 - Lot 97
55 Stillwater Rd. Map 101 - Lot 106
60 Stillwater Rd. Map 101 - Lot 98
65 Stillwater Rd. Map 90 - Lot 44
70 Stillwater Rd. Map 101 - Lot 99
75 Stillwater Rd. Map 90 - Lot 43
80 Stillwater Rd. Map 101 - Lot 100
85 Stillwater Rd. Map 89 - Lot 45
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an
outstanding issue that needs to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 24 be indefinitely
postponed.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: The public hearing for Article 24 was held by the Planning Board on
March 5, 2025. The Chair, Mr. McCarthy, stated that the three street acceptance articles related to the Stillwater
subdivision should be continued while the Board waits on the final pieces of information from the developer. The
Board opened the hearing and voted 4-0-0 to continue it until the following meeting. At the next meeting on March
19th, Mr. McCarthy stated that the Board still had not received everything from the developer and suggested
continuing the hearing again. He noted that the next meeting would be the last chance for the Board to take a vote
on this article. The Board voted 3-0-0 (McDermott absent) to continue until the April 2nd meeting. At the April 2nd
meeting a representative from Toll Brothers addressed the Board. He stated that two items had been flagged by the
Town Engineer to be corrected. He stated that these could be corrected before Town Meeting. The Board did not
want to make a positive recommendation without all items being approved by the Town Engineer. The Board voted
3-0 (Robinson absent) to send a negative recommendation to Town Meeting. They stated they would be open to
changing their recommendation on the floor of Town Meeting if the issues are fixed.
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ANNUAL TOWN MEETING – MAY 12, 2025
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion to not
recommend the Town acceptance of Stillwater Road at this time. Stillwater Road is part of a development known as
the Stillwater Estates that also includes Foundry Lane (the focus for road acceptance in Article 25) and Dalebrook
Court (the road considered for acceptance in Article 26).
For the Town to accept a roadway as a Town Way, the final buildout of the road must conform to Town roadway
standards, which include a wide range of technical specifications. The Town Engineer reviews the roadway for any
deficiencies. Identified deficiencies must be corrected for the Planning Board to recommend acceptance of the
roadway. In the case of Stillwater Road, this process had not yet been completed. For the Town to accept the
responsibility and liability of owning a roadway, the road must be fully compliant with Town standards, or other
applicable laws, for roadways.
While acceptance of Stillwater Road might not currently be ready for consideration at this upcoming Annual Town
Meeting (ATM), this recommendation to not accept the road could be reconsidered before the ATM if developments
warrant or, if not, at a future Town Meeting.
APPROVED__________DISAPPROVED__________
ARTICLE 25
ACCEPT DALEBROOK COURT AS A PUBLIC WAY
Article 25 To see if the Town will vote to accept Dalebrook Court as a public way, as recommended by the Planning
Board and laid out by the Select Board pursuant to G.L. c. 41 and c. 82, as shown on a Plan entitled “Final As-Built
Road Utility Plan for Canton Reserve (Stillwater Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc.,
dated January 16, 2024, and revised on August 7, 2024, prepared by ESE Consultants, 116 Flanders Road, Suite
1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter referred to as the
“Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and
easements for the creation, maintenance, and operation of a public way, including but not limited to easements for
access, grading, drainage, sloping, construction, and utilities, in all or any portions of the way and the parcels on
such street as listed below; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute, or
transfer from available funds, a sum of money for such purposes; and further to authorize the Select Board to take
any and all related actions necessary or appropriate to carry out the purposes of this article, or take any other action
related thereto.
Property Address Town Assessor ID
5 Dalebrook Ct. Map 90 - Lot 42
10 Dalebrook Ct. Map 90 - Lot 39
15 Dalebrook Ct. Map 90 - Lot 41
20 Dalebrook Ct. Map 90 - Lot 40
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an
outstanding issue that needs to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 25 be indefinitely
postponed.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: The public hearing for Article 25 was held by the Planning Board on
March 5, 2025. The Chair, Mr. McCarthy, stated that the three street acceptance articles related to the Stillwater
subdivision should be continued while the Board waits on the final pieces of information from the developer. The
Board opened the hearing and voted 4-0-0 to continue it until the following meeting. At the next meeting on March
19th, Mr. McCarthy stated that the Board still had not received the everything from the developer and suggested
continuing the hearing again. He noted that the next meeting would be the last chance for the Board to take a vote
87Source page 88
ANNUAL TOWN MEETING – MAY 12, 2025
on this article. The Board voted 3-0-0 (McDermott absent) to continue until the April 2nd meeting. At the April 2nd
meeting a representative from Toll Brothers addressed the Board. He stated that two items had been flagged by the
Town Engineer to be corrected. He stated that these could be corrected before Town Meeting. The Board did not
want to make a positive recommendation without all items being approved by the Town Engineer. The Board voted
3-0 (Robinson absent) to send a negative recommendation to Town Meeting. They stated they would be open to
changing their recommendation on the floor of Town Meeting if the issues are fixed.
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion to not
recommend the Town acceptance of Dalebrook Court at this time. Dalebrook Court is part of a development known
as the Stillwater Estates that also includes Stillwater Road (the focus for road acceptance in Article 24) and Foundry
Lane (the road considered for acceptance in Article 25).
For the Town to accept a roadway as a Town Way, the final buildout of the road must conform to Town roadway
standards, which include a wide range of technical specifications. The Town Engineer reviews the roadway for any
deficiencies. Identified deficiencies must be corrected for the Planning Board to recommend acceptance of the
roadway. In the case of Dalebrook Court, this process had not yet been completed. For the Town to accept the
responsibility and liability of owning a roadway, the road must be fully compliant with Town standards, or other
applicable laws, for roadways.
While acceptance of Dalebrook Court might not currently be ready for consideration at this upcoming Annual Town
Meeting (ATM), this recommendation to not accept the road could be reconsidered before the ATM if developments
warrant or, if not, at a future Town Meeting.
APPROVED__________DISAPPROVED__________
88Source page 89
ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 26
ACCEPT FOUNDRY LANE AS A PUBLIC WAY
Article 26 To see if the Town will vote to accept Foundry Lane as a public way, as recommended by the Planning
Board and laid out by the Select Board pursuant to G.L. c. 41 and c. 82, as shown on a plan entitled “Final As-Built
Road Utility Plan for Canton Reserve (Stillwater Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc.,
dated January 16, 2024, revised on August 7, 2024, and prepared by ESE Consultants, 116 Flanders Road, Suite
1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter referred to as the
“Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and
easements for the creation, maintenance, and operation of a public way, including but not limited to easements for
access, grading, drainage, sloping, construction, and utilities, in all or any portions of the way and the parcels on
such street as listed below; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute, or
transfer from available funds, a sum of money for such purposes; and further to authorize the Select Board to take
any and all related actions necessary or appropriate to carry out the purposes of this article, or take any other action
related thereto.
Property Address Town Assessor ID
5 Foundry Lane Map 89 - Lot 39
10 Foundry Lane Map 89 - Lot 40
15 Foundry Lane Map 89 - Lot 38
20 Foundry Lane Map 89 - Lot 41
25 Foundry Lane Map 89 - Lot 37
30 Foundry Lane Map 89 - Lot 42
35 Foundry Lane Map 89 - Lot 36
40 Foundry Lane Map 89 - Lot 43
45 Foundry Lane Map 89 - Lot 35
50 Foundry Lane Map 89 - Lot 44
55 Foundry Lane Map 89 - Lot 34
60 Foundry Lane Map 90 - Lot 38
65 Foundry Lane Map 89 - Lot 33
70 Foundry Lane Map 101 - Lot 101
75 Foundry Lane Map 89 - Lot 32
80 Foundry Lane Map 101 - Lot 102
85 Foundry Lane Map 100 - Lot 183
90 Foundry Lane Map 101 - Lot 103
100 Foundry Lane Map 101 - Lot 104
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an
outstanding issue that needs to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 26 be indefinitely
postponed.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: The public hearing for Article 26 was held by the Planning Board on
March 5, 2025. The Chair, Mr. McCarthy, stated that the three street acceptance articles related to the Stillwater
subdivision should be continued while the Board waits on the final pieces of information from the developer. The
Board opened the hearing and voted 4-0-0 to continue it until the following meeting. At the next meeting on March
19th, Mr. McCarthy stated that the Board still had not received the everything from the developer and suggested
continuing the hearing again. He noted that the next meeting would be the last chance for the Board to take a vote
on this article. The Board voted 3-0-0 (McDermott absent) to continue until the April 2nd meeting. At the April 2nd
meeting a representative from Toll Brothers addressed the Board. He stated that two items had been flagged by the
Town Engineer to be corrected. He stated that these could be corrected before Town Meeting. The Board did not
89Source page 90
ANNUAL TOWN MEETING – MAY 12, 2025
want to make a positive recommendation without all items being approved by the Town Engineer. The Board voted
3-0 (Robinson absent) to send a negative recommendation to Town Meeting. They stated they would be open to
changing their recommendation on the floor of Town Meeting if the issues are fixed.
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion to not
recommend the Town acceptance of Foundry Lane at this time. Foundry Lane is part of a development known as the
Stillwater Estates that also includes Stillwater Road (the focus for road acceptance in Article 24) and Dalebrook Court
(the road considered for acceptance in Article 26).
For the Town to accept a roadway as a Town Way, the final buildout of the road must conform to Town roadway
standards, which include a wide range of technical specifications. The Town Engineer reviews the roadway for any
deficiencies. Identified deficiencies must be corrected for the Planning Board to recommend acceptance of the
roadway. In the case of Foundry Lane, this process had not yet been completed. For the Town to accept the
responsibility and liability of owning a roadway, the road must be fully compliant with Town standards, or other
applicable laws, for roadways.
While acceptance of Foundry Lane might not currently be ready for consideration at this upcoming Annual Town
Meeting (ATM), this recommendation to not accept the road could be reconsidered before the ATM if developments
warrant or, if not, at a future Town Meeting.
APPROVED__________DISAPPROVED__________
ARTICLE 27
CITIZEN PETITION ARTICLE FOR MOVING THE LOCAL ELECTION DATE
Article 27 Should the Town of Canton hold annual municipal elections on the first Tuesday after the first Monday
in November, with the first annual municipal election to start in a non-presidential election year?
Reason: Aligning municipal elections with state and federal elections in November is the most impactful way to
increase voter participation in local elections. In order to support the Clerk’s Office and the orderly transition to this
practice, this would start in a non-presidential year.
Jennifer Wexler and ten others
MOVED: That the Select Board be hereby authorized and requested to act to file a Home Rule Petition with
the General Court for special legislation, or any other related actions, allowing Canton to hold annual municipal
elections on the first Tuesday after the first Monday in November with the first annual municipal election to start in
a non-presidential election year.
FINANCE COMMITTEE VOTE: 5-1
FINANCE COMMITTEE MAJORITY DISCUSSION:
The Finance Committee supports Article 27, which would authorize the Select Board to consider developing and filing
a Home Rule Petition to the state legislature on behalf of the Town of Canton to request that it be allowed to move
its annual local election that is currently held each April to November. This petition once filed would in turn be subject
to the standard state legislative review and approval process, with input from Canton along the way as appropriate.
The voters of the town are the main stakeholders in this consideration to move the date of the local election to
November. On April 8, 2025, there was a non-binding question on the local election ballot designed to gauge voter
support for such a change to the election schedule. The majority of the voters who turned out to cast their votes
supported the question by approximately 60.4% of voters in favor to 30.2% opposed, with 9.4% of voters leaving
the question blank. The Finance Committee waited for this election to be held to take a final vote on Article 27, so it
could consider the will of the voters as part of its deliberations.
The Finance Committee also met with both the Town Clerk and representatives of Move the Vote, the organized
group of residents advocating for this change in the election schedule, and carefully weighed their thoughts and
concerns. The Town Clerk’s Office expressed concerns about the alignment of local and state/federal elections, which
included equipment, staffing, budgeting, and procedural concerns for what could potentially be two elections held on
the same day. The fact that cities in Massachusetts regularly hold their local elections in November and towns usually
do not (and, if so, not regularly in even years) was also considered. The advocate’s main goal in launching this
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ANNUAL TOWN MEETING – MAY 12, 2025
initiative is to increase voter turnout in local elections by aligning them with state and national elections, which are
regularly held in November and are often associated with higher voter turnout than local elections held at other times
of the year. Further, it is hoped that it will gradually encourage more residents to become involved in the political
process by having higher profile local elections.
Supporting Article 27 would allow the Town the opportunity to explore a change that has been supported by the
voters at the ballot box. While there are certainly some concerns and some unresolved variables that will need to be
addressed if Town Meeting supports this article, it will also open the opportunity to consider a process through which
this proposal can be formally considered and the concerns addressed. There is no strict time deadline for
implementation of this request, so there will be sufficient time for all concerns to be heard and addressed
appropriately. Further, if Article 27 is supported by Town Meeting and it eventually leads to a successful Home Rule
Petition the first local election held in November would not be held in a presidential election year to allow a more
manageable transition to this new election schedule format outside of a peak turnout election.
The Finance Committee recommends Article 27 and it feels that the opportunity to formally consider this proposal to
move the annual local elections to November would be beneficial for civic participation in Canton, with the realization
that this would be the start of a process and that many concerns will need to be addressed as that process progresses.
FINANCE COMMITTEE MINORITY DISCUSSION:
Recognizing that Canton voters passed this ballot initiative in the most recent local election, the actions proposed in
Article 27 have NEVER been enacted by any town in the state of Massachusetts. The fact that no other Massachusetts
town has enacted this change to elections is, interestingly, admitted to by the proponents of this Article in their
discussions with the Finance Committee. These admissions of no other town ever enacting what is being proposed
runs counter to the presentation to the Finance Committee where the proponent quoted citizens who were told of
this initiative in saying that it "just makes sense".
Standing alone, in theory, it may make sense to have local elections in November with national elections. However,
there are reasons why it has never made sense to any other Massachusetts town. The proponents for Article 27
point to scholarly articles in support of this unprecedented change. The Town Clerk's office, who run our elections,
presented practical evidence as to the challenges and hazards within this Article and proposal. These challenges and
hazards are strong evidence as to why no other town has ever enacted these policies. Perhaps the citizens of Canton
should consider the authority of the Clerks' office in trying to better understand this issue.
The stated goal of the proponents of 'increasing voter turnout' is a concept that most can agree is a good
thing. However, amongst the many issues that lie within this proposal, there are many administrative issues that
could invalidate many votes, if a new set of unprecedented rules are not adhered to or properly followed. The sanctity
of voting, and having that vote count, is a leading concern that Canton citizens should be asking about. This is likely
a contributing reason why this proposal has failed in the State Legislature when it was previously contemplated.
Simply put, if someone was given a choice as to doing something once instead of doing it twice, their answer is likely
to be, sure that "just makes sense". However, if that same person came to understand the burdens and challenges
of holding local elections in November, that same person is likely to conclude what every other town in Massachusetts
to date has independently concluded - that this change does not make enough sense for any other town to have
enacted it.
APPROVED__________DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 28
AMEND ZONING BY-LAW SECTION 9.1 FLOOD PLAIN OVERLAY DISTRICT
Article 28 To see if the Town will vote to delete Zoning By-law Section 9.1 FLOOD PLAIN OVERLAY DISTRICT
(FPOD) and replace with the following text:
9.1 FLOOD PLAIN OVERLAY DISTRICT (FPOD)
9.1.1 Flood Hazard Areas. Flood Hazard Areas are hereby defined as Federal Flood Plain Districts and Special
Flood Hazard Areas.
9.1.2 Special Permit Applications. Any person desiring a special permit for any use in a Flood Hazard Area
shall submit an application to the Board of Appeals. The application shall be accompanied by plans of any
construction and of the premises on which it is to be situated. All plans shall show existing and proposed finished
ground contours at two (2) foot intervals. Contours shall be delineated within two hundred (200) feet of the
proposed construction.
1. Copies of the application for special permit to the Board of Appeals with accompanying plans shall also
be sent or delivered by the applicant at the time of said filing to the Building Commissioner,
Superintendent of Public Works, Board of Health, Conservation Commission and Planning Board for their
recommendations to the Board of Appeals.
2. All plans required by this Section shall be certified by a Massachusetts Registered Land Surveyor or a
Massachusetts Registered Professional Civil Engineer.
3. No work shall be done in a Flood Hazard Area without a permit from the Canton Conservation
Commission.
9.1.3 Limits of Authority. Nothing contained in this Section shall limit the authority of the Board of .Health
with respect to premises in the Federal Flood Plain District and the Special Flood Hazard Areas or limit the
applicability of the Canton Building Code to any structure in the Federal Flood Plain District or Special Flood Hazard
Area or limit the authority of the Conservation Commission with respect to wetlands within the Federal Flood Plain
District and the Special Flood Hazard Area.
9.1.4 Federal Flood Plain Districts. In order to reduce flood losses, to preserve and maintain ground water
table, protect the public health and safety of persons and property against hazards of flood water inundation, to
limit and control the development of flood-prone areas and having taken into account flood plain management
programs in effect in neighboring areas, the following Federal Flood Plain District Regulations are hereby adopted
and shall take precedence over any other By-law. Federal Flood Plain Districts are hereby established as an
overlay district and include those areas designated as Zones A, A1-30 as set forth on the Flood Insurance Rate Map
(FIRM), dated 6-4-87 on file with the Planning Board, the Conservation Commission, the Department of Public
Works and the Building Department. Said maps, together with the index, the Town of Canton Hood Insurance
Study and all explanatory matters thereon, shall be deemed to be part of this By-law and are incorporated herein
by reference. The one hundred (100) year flood level is indicated on said Index and Maps as a Base 9.1.5 Federal
Flood Plain Districts; Development Regulations. New construction or substantial improvements of residential
structures within a Federal Flood Plain District (herein defined) shall have the lowest floor (including basement)
elevated to or above the one hundred (100) year flood level as shown on the maps hereinafter described. Non-
residential structures within Federal Flood Plain District shall either be similarly elevated or, together with attendant
utility and sanitary facilities, be flood proofed watertight to or above the one hundred (100) year flood level.
9.1.5 Federal Flood Plain Districts; Special Permit. No permit for any use, including land fill, shall be
granted by the Zoning Board of Appeals in a Federal Flood Plain District unless the Authority finds that the
proposed use, when combined with all other uses and anticipated uses, will not increase the water surface
elevation of the one hundred (100) year flood level more than one foot at any point. Substantial improvements
shall be construed to include among other things repair, construction or alteration costing fifty percent (50%) or
more of the actual cash value of the structure before improvement or, if damaged, before damage occurred.
1. Where watertight flood proofing of a structure is permitted, a registered professional engineer or
architect shall certify to the Building Commissioner that the methods used are adequate to withstand the
flood depths, pressures and velocities, impact and up-lift forces and other factors associated with the one
hundred (100) year flood level. In all events construction shall conform to the minimum standards of the
State Building Code. The Building Commissioner shall obtain and permanently maintain the engineers or
architect’s certification of compliance with the elevation and flood proofing requirements for new
construction or for substantial improvements to existing sites.
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ANNUAL TOWN MEETING – MAY 12, 2025
9.1.6 Special Flood Hazard Areas. The Special Flood Hazard Area is defined as all lands along and sloping to
the Neponset River and the Canton River also known as the East Branch, the elevation of which land is lower than
fifty (50) feet above Mean Sea Level based on the Massachusetts Geodetic Datum of 1929. The Special Flood
Hazard Area is superimposed over any other district established by this Zoning Bylaw.
9.1.7 Special Flood Hazard Areas; Development Regulations. No building shall be placed upon the land in
the Special Flood Hazard Area within one hundred fifty (150) feet of the center of the Neponset River or within
seventy five (75) feet of the centerline of the Canton River. There shall be no filling, dumping, excavating or
altering of the land in the Special Flood Hazard Area within one hundred fifty (150) feet of the center line of the
Neponset River or within seventy five (75) feet of the center line of the Canton River unless a special permit is
issued by the Board of Appeals. The land in the Special Flood Hazard Area, except as provided above, may be used
for any purpose otherwise permitted in the underlying district except that:
1. No building, wall, dam or other structure shall be erected, constructed, altered, enlarged or otherwise
created or moved for any purpose unless a special permit from the Board of Appeals is issued.
2. Except on public ways, dumping, filling, excavating or transferring of any earth material within the
Special Flood Hazard Area is prohibited unless a special permit from the Board of Appeals is issued.
3. Proper operation and maintenance of dams and water control devices are permitted uses under this
Section. This includes the temporary alteration of the water level for emergency or maintenance purposes
and the removal of any and all flash-boards on a privately owned dam in order to lower the water level.
4. Municipal use, including but not limited to waterworks, pumping stations and parks, is permitted under
this Section.
9.1.8 Special Flood Hazard Area; Special Permits. The Board of Appeals may issue a special permit if it
finds that the use of the lands deemed subject to periodic or seasonal flooding shall not be used for residential,
business, limited industrial or industrial purposes in such a manner as to endanger the health, safety, or welfare of
any persons or properties or adversely affect environmental conditions within the Special Flood Hazard Area. In
deciding applications for a special permit, but without limiting the generality of the foregoing, the Board of Appeals
shall assure:
1. That within the Special Flood Hazard Area the basement floor elevation or the lowest floor elevation, if
there is no basement floor, of any structure, used or to be used for a dwelling specifically including
transient accommodations such as in hotels or motels (anything to the contrary in this by-law
notwithstanding), shall be at least fifty two (52) feet above said Mean Sea Level.
2. That all structures be so designed and secured that during flooding.
3. The foundation would not be undermined.
4. The structure will not be floated off, battered off or swept away.
5. That safe vehicular and pedestrian movement to, over, and from the premises is provided on ways
having a minimum elevation of no less than forty nine (49) feet above said Mean Sea Level; provided
however, that the Board of Appeals may by special permit grant an exception to the requirements of this
Section to allow such ways to meet ways existing at the time of the adoption of this Section.
6. That because of the location or elevation of the building or filling of the area, there will be no danger of
pollution to on site water facilities providing- water for human consumption.
7. That the methods of drainage are designed in accordance with accepted engineering practice.
9.1.9 Special Flood Hazard Areas; Special Requirements.
1. If any land included in the Special Flood Hazard Area is found by the Board of Appeals not in fact to be
subject to seasonal or periodic flooding, and found in fact not to have been flooded during the highest
flood of record for said land, the Board of Appeals may grant a special permit exempting said land from
the application of this Section.
2. Where public sewerage is not available, no building permit shall be issued until the Board of Health has
issued a permit under this section approving the proposed sanitary and storm drainage systems or has
allowed forty-five (45) days to elapse after receipt of the application for a special permit.
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ANNUAL TOWN MEETING – MAY 12, 2025
3. No occupancy permit shall be issued until the Board of Appeals, the Building Commissioner, the Board
of Health, the Planning Board and Superintendent of the Public Works Department have received a
certified plan showing the foundation and floor elevations, grading of the premises, elevations of the
completed construction and all elevations of the various elements that make up the sewage disposal
system, and that all requirements of all permits are satisfied.
4. Where public sewerage is not available, the Board of Health and the Board of Appeals shall consider
the minimum ground water level in the Special Flood Hazard Area to be fifty (50) feet above said Mean
Sea Level unless data indicates a higher ground water level.
9.1 FLOODPLAIN OVERLAY DISTRICT
9.1.1 Purpose. The purpose of the Floodplain Overlay District is to:
1. Ensure public safety through reducing the threats to life and personal injury
2. Eliminate new hazards to emergency response officials
3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution
due to flooding
4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility
network and impact regions of the community beyond the site of flooding
5. Eliminate costs associated with the response and cleanup of flooding conditions
6. Reduce damage to public and private property resulting from flooding waters
9.1.2 Definitions. For purposes of this Section 9.1, the following definitions shall apply:
DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to
building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For
maps done in 1987 and later, the floodway designation is included on the FIRM.) (if applicable in your community)
FLOOD HAZARD BOUNDARY MAP (FHBM.) An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion areas having special hazards have been
designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59] (if applicable in your community)
FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59]
Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
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ANNUAL TOWN MEETING – MAY 12, 2025
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that
have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of
the first floodplain management code, regulation, ordinance, or standard adopted by the authority having
jurisdiction, including any subsequent improvements to such structures. New construction includes work
determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY - see FLOODWAY.
SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate
Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter
2, Section 202]
START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing
structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement is within 180 days after the date of issuance. The actual start of construction means the first
placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring
of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the
installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of
temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main building. For a substantial improvement, the actual “start of construction” means the first
alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or
replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or
exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of
50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall
determine it to be substantial repair of a foundation. Applications determined by the building official to constitute
substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the
requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US
Code of Federal Regulations, Title 44, Part 59]
VIOLATION means the failure of a structure or other development to be fully compliant with the community's
flood plain management regulations. A structure or other development without the elevation certificate, other
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ANNUAL TOWN MEETING – MAY 12, 2025
certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as
that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
9.1.3 Scope of Authority. The Floodplain District is herein established as an overlay district. The District includes
all special flood hazard areas within Canton designated as Zone A, AE, AH, AO, A99, V, or VE on the Norfolk County
Flood Insurance Rate Map (FIRM) dated June 4, 1987 issued by the Federal Emergency Management Agency
(FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall
be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County
Flood Insurance Study (FIS) report dated June 4, 1987. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Engineer, Building Official, and Conservation Commission.
9.1.4 Applicability. The Town of Canton requires a permit for all proposed construction or other development in
the floodplain overlay district, including new construction or changes to existing buildings, placement of
manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving
and any other development that might increase flooding or adversely impact flood risks to other properties.
The town’s permit review process includes the requirement that the proponent obtain all local, state and federal
permits that will be necessary in order to carry out the proposed development in the floodplain overlay district.
The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been
acquired.
9.1.5 Designation of Community Floodplain Administrator. The Town of Canton hereby designates the
position of Town Planner to be the official floodplain administrator for the Town.
9.1.6 Floodway Encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s/City’s FIRM
or Flood Boundary & Floodway Map (choose map which delineates floodways for your community) encroachments
are prohibited, including fill, new construction, substantial improvements, and other development within the
adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the base flood discharge.
9.1.7 Unnumbered Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building
department will obtain, review and reasonably utilize base flood elevation and floodway data available from a
Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other
development in Zone A and as the basis for elevating residential structures to or above base flood level, for
floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments
in floodways.
9.1.8 Drainage Requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided
around structures on slopes, to guide floodwaters around and away from proposed structures.
9.1.9 Subdivision Proposals. All subdivision proposals and development proposals in the floodplain overlay
district shall be reviewed to assure that:
(a) Such proposals minimize flood damage.
(b) Public utilities and facilities are located & constructed so as to minimize flood damage.
(c) Adequate drainage is provided.
When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the
proponent must provide technical data to determine base flood elevations for each developable parcel shown on
the design plans.
9.1.10 Recreational Vehicles. In A, A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be
placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and
elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
9.1.11 Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the Floodplain
Administrator shall notify the following of any alteration or relocation of a watercourse:
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ANNUAL TOWN MEETING – MAY 12, 2025
• Adjacent Communities, especially upstream and downstream
• Bordering States, if affected
• NFIP State Coordinator
• NFIP Program Specialist
9.1.12 Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood
elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these
changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted
to:
• NFIP State Coordinator
• NFIP Program Specialist
9.1.13 Variances to Building Code Floodplain Standards. The Town will request from the State Building Code
Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain
this record in the community’s files.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the
flood insurance policy covering that property, in writing over the signature of a community official that (i) the
issuance of a variance to construct a structure below the base flood level will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the
floodplain overlay district.
9.1.14 Variances to Local Zoning By-Law Related to Community Compliance with National Flood
Insurance Program (NFIP). The Town will request from the State Building Code Appeals Board a written and/or
audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s
files.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the
flood insurance policy covering that property, in writing over the signature of a community official that (i) the
issuance of a variance to construct a structure below the base flood level will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the
floodplain overlay district.
9.1.15 Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain
Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
9.1.16 Disclaimer of Liability. The degree of flood protection required by this bylaw is considered reasonable but
does not imply total flood protection.
9.1.17 Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid
by a court, the remainder of the ordinance shall be effective.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 9.1, Flood Plain Overlay District, be amended as set forth
in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 28 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 6-0
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ANNUAL TOWN MEETING – MAY 12, 2025
PLANNING BOARD DISCUSSION: The public hearing for Article 28 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
to delete the text of the existing section 9.1 and replace with the proposed text. It is being driven by new regulations
from the Federal Emergency Management Agency (FEMA). In order for Canton residents to continue participating in
FEMA’s flood insurance program, we must have certain prescriptive language in our by-law. The text of this article
has been preapproved by our FEMA liaison. The Board had no questions and took a vote to close the public hearing
and send a positive recommendation to Town Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously supports the Planning Board
motion for Article 28. This article would delete the current text of Section 9.1 of the Zoning By-laws regarding the
Flood Plain Overlay District (FPOD) in its entirety and replace it with new updated text.
The need for this update is to allow the Zoning By-laws to reflect changes in Federal Emergency Management Agency
(FEMA) regulations. A new flood rate map from FEMA is currently scheduled to be released in July 2025 and these
proposed changes to the Zoning By-laws are required to allow Canton property owners to continue participating in
the FEMA-supported National Flood Insurance Program (NFIP). The proposed new text for Section 9.1 has been
reviewed by the assigned FEMA liaison at the Massachusetts Department of Conservation and Recreation and the
wording is therefore seen to meet the required changes to remain in compliance with FEMA regulations. Since the
closing of the Warrant for Annual Town Meeting 2025, there have been a few minor corrections, such as deleting
some unnecessary definitions and correcting some typographical items.
The rewriting of Section 9.1 of the Zoning By-laws will help protect the Town and its property owners from the
negative effects of flooding by allowing continued participation in the NFIP, which will help ensure that Canton is
better prepared for any risks and shocks that might occur from flooding in areas prone to such natural hazards.
APPROVED__________ DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 29
AMEND ZONING BY-LAW SECTION 11.0
Article 29 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 adding the definition of “Mixed-Use” as follows:
Mixed-Use: A building containing residential in addition to non-residential uses.
2. By adding the definition of “Gross Floor Area” as follows:
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space, attic space, and
spaces used for heating and utilities and other mechanical apparatus, storage and/or automobile parking.
3. By adding the definition of “Development Parcel” as follows:
Development Parcel: One or more lots which together are designated by a project applicant as a Development
Parcel. The lots comprising a Development Parcel need not be in the same ownership. Where the Development
Parcel consists of more than a single lot, the lots, in combination, shall be treated as the Development Parcel, may
be contiguous or non-contiguous, and shall be considered one ‘Development Parcel’ per the application.
4. By amending the definition of “Common Open Land” as follows:
Common Open Land: A parcel or parcels of undeveloped land or an area of water, or a combination of
undeveloped land and water within the site designated for a Flexible Residential Development, maintained and
preserved for open uses, and designed and intended for the use or enjoyment of residents of the Flexible
Residential Development. Common Open Land may contain such complementary structures and improvements as
are necessary and appropriate for the benefit and enjoyment of residents of the Flexible Residential Development,
but shall not include streets or parking areas except those incidental to open space use. An area of land
containing no building, structure, parking areas, driveways or roadways other than those structures
and/or facilities which are used for recreational and/or community use by the occupants of a property
or members of the public.
5. By deleting the definition of and definitions associated with “Mixed Use Overlay District” as follows:
Mixed Use Overlay District: The following definitions shall apply in the MUOD, Section 9.4.
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance
of a special permit for construction of an MUOD project, hereunder. The applicant must own or be the
beneficial owner of all the land included in the proposed MUOD site or have authority from the owner(s) to
act for the owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving
the latter the right to acquire the land to be included in the site.
Buffer: An area within the MUOD adjacent to the boundaries, streams and ponds, which may not be
developed except as provided herein.
Development Schedule: A schedule showing the order and timing of construction and the sequence of
the improvements to be built or furnished in the MUOD site, separated into stages where applicable.
Gross Square Feet of Nonresidential Floor Area: The total non-residential floor area contained within
exterior walls but does not include basement space used for heating and utilities, storage or for
automobile parking.
Mixed Use: A use which utilizes a minimum of sixty percent (60%) and a maximum of seventy-five
percent (75%) of a building or buildings as residential use and a minimum of twenty-five percent (25%)
and a maximum of forty percent (40%) as non-residential use. At least twelve percent (12%) of the
residential use shall be for affordable housing as defined in G.L. c. 40B.
Open Space: Any such area of land containing no building, structure, or impervious surface material. In
the event natural materials (i.e. brick, stone, pavers, etc.) are used in the construction of walkways,
courtyards, patios, etc. the area of these surfaces can be credited towards the open space requirement.
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ANNUAL TOWN MEETING – MAY 12, 2025
Professional Office: The office of one skilled in an occupation that primarily services clients or patients
rather than customers including but not limited to the office of a lawyer, doctor, dentist, architect,
engineer, real estate agent, insurance agent or the studio of an artist, musician or teacher, or the
workroom of a dressmaker, milliner, or photographer.
Regulations: The applicable rules and regulations of the Zoning Board relative to special permits and
site plans. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the right to
modify and/or waive any and all requirements described in this section.
Upland Acres: Land without a wet area and not subject to flooding.
Wet Areas: All land subject to the provisions of G.L. c. 131, s. 40 and 40A
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 11.0, Definitions, be amended as set forth in the
Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 29 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 5-0
PLANNING BOARD DISCUSSION: The public hearing for Article 29 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
amendments, additions, and deletions to the Definitions section of the By-Law. This is a housekeeping measure to
add terms we don’t have, make edits, and delete definitions associated with an overlay that no longer exists. The
Board had no questions and took a vote to close the public hearing and send a positive recommendation to Town
Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion for Article
29 with one member abstaining due to a potential conflict of interest related to business ownership in the affected
area. This article is part of the ongoing effort to implement the 2023 Metropolitan Area Planning Council’s (MAPC)
Downtown Canton Report, a study of the zoning and design regulations for Canton Center.
Article 29 would make amendments to Section 11.0 of the Zoning By-laws regarding definitions. The changes
proposed would reflect the recommendation of the study and were also reviewed by the Zoning Working Group.
Among the changes to the text of Section 11.0, would be the addition of a definition for “mixed-use” buildings as a
building containing residential units in addition to non-residential units. There would be the addition of text to better
define what is used to calculate the gross floor area of a structure. A definition for development parcels (the
combination of multiple lots for a development project site) would also be included. An amendment to the definition
of “Common Open Land” would be made for a more universal applicability of that term. The definitions for the
obsolete Mixed Use Overlay District would also be deleted.
Clear definitions are important to understanding and enforcing the Zoning By-laws. These changes will make the
definitions section of the Zoning By-laws better reflect current zoning and the desired interpretations of terms used
within those By-laws.
APPROVED__________ DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 30
AMEND TABLE OF USE REGULATIONS, TABLE A
Article 30 To see if the Town will vote to amend Zoning By-law Section 3.1.4 Table of Use Regulations as follows,
with bold and underlined language indicating changes, or take any other action related thereto:
PRINCIPAL USE SR GR B CB LI LI LI I POS
(B) (C)
A. Residential Uses
Single family dwelling Y Y N N N N N N N
Two-family dwelling, if located on a lot N Y N N N N N N N
having an area larger than the minimum
hereinafter required for the construction
of a single-family dwelling in the district
by an additional two thousand (2000)
square feet
Assisted Living and/or Independent Living N BA BA BA N BA BA N N
Facility1
Boarding or lodging house2 N BA N N N N N N N
Mixed-Use building3 containing dwelling N N Y Y N N N N N
units in combination with stores or
other permitted uses, if located on a lot
having a minimum area of ten thousand
(10,000) square feet for the first
dwelling unit and an additional two
thousand (2,000) square feet for each
dwelling unit in excess of one (1)
accommodated therein
Multi-family dwelling4 N BA N N N N N N N
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Table of Use Regulations, be amended as set forth in the
Warrant.
PLANNING BOARD VOTE: 4-0-0
1
See Section 8.2.2 and 8.7 for special regulations
2
See Section 8.3 for special regulations
3
See Section 8.8 for special regulations
4
See Section 8.2 for special regulations
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ANNUAL TOWN MEETING – MAY 12, 2025
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 30 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 5-0
PLANNING BOARD DISCUSSION: The public hearing for Article 30 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
to amend the residential section of the Table of Use Regulations. The substantive changes are to remove the “lot
area per dwelling unit” requirements from the table, in accordance with recommendations from the 2023 MAPC
Downtown Canton Report. The Board had no questions and took a vote to close the public hearing and send a positive
recommendation to Town Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion for Article
30 with one member abstaining due to a potential conflict of interest related to business ownership in the affected
area. This article is part of the ongoing effort to implement the 2023 Metropolitan Area Planning Council’s (MAPC)
Downtown Canton Report, a study of the zoning and design regulations for Canton Center.
Article 30 would make amendments to the Table of Use Regulations – Table A of Section 3.1.4 of the Zoning By-
laws. Table A relates to residential uses of land in different zoning districts. The amendments are to remove
dimensional requirements, minimum lot areas for two-family dwellings and minimum lot areas per dwelling unit for
mixed-use buildings. There will also be a couple of footnotes added to allow cross-referencing with other sections of
the Zoning By-laws. The elimination of the aforementioned lot area requirements was recommended by the MAPC
downtown study and is also supported by the Zoning Working Group.
APPROVED__________ DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 31
ADD ZONING BY-LAW SECTION 8.8 MIXED-USE
Article 31 To see if the Town will vote to add Zoning By-law Section 8.8 MIXED-USE as follows or take any other
action related thereto:
8.8 MIXED-USE
8.8.1 Purpose.
1. To promote public health, safety, and welfare by encouraging active community life;
2. To mitigate traffic congestion by promoting housing proximate to compatible commercial uses.
3. To enable the creation of livable, walkable neighborhoods in the town’s commercial districts.
4. To encourage the continued use of historic village centers.
5. To promote the creation of affordable and attainable housing opportunities for all incomes and ages by
increasing residential density and mixed-use where appropriate.
8.8.2 Definitions. Within this section, the following terms shall have the following meanings:
1. Active Use. Any public or semi-public use that encourages pedestrian activity along the front of a building
and utilization of a building during substantial portions of the day on most days. Examples of active uses
include but are not limited to:
a. Retail
b. Restaurant or bar
c. Entertainment uses
d. Personal service uses such as salons, barber shops, or spas
e. Artist galleries and artist studios, provided a publicly accessible gallery is included
f. Publicly facing government services
g. Health and fitness facilities
2. Back-lot Structure. Any building that does not front a public way or public open space and which is not
the most visually prominent building on a parcel when viewed from the primary public way or public open
space adjacent to that parcel.
3. Ground Floor Frontage. The ground floor facade of the principal structure which faces a public way or
public park or, in the case of a corner lot, the facade which faces the more prominent public way or public
park.
4. Office Uses, Consumer-Facing. Any business or professional offices, medical offices, urgent care
facilities, and accessory leasing offices, provided those uses can reasonably expect regular visits of clients
and customers. This includes but is not limited to doctors’ offices, dentists, attorneys, financial services,
realtors, and others, provided these uses meet the general definition given here.
5. Office Uses, Non-Consumer-Facing. Any business, professional, medical, or other office uses that do
not meet the definition of consumer-facing offices. This includes but is not limited to professional services
and administrative service offices with infrequent visits from clients and customers.
6. Semi-Active Amenity Uses. Accessory communal areas, amenity areas, or services for the building
residents only.
7. Upper Floor. Any full story above the ground story of a building.
8.8.3 Applicability. Mixed-use developments that follow the provisions of this section shall be allowed
according to the Table of Use Regulations in this Zoning By-Law.
8.8.4 Use Regulations, Principal Structures. The following regulations shall govern the uses located within
the principal structures of mixed-use developments.
1. Ground floor, fronting a public way or public park
a. Uses allowed by right
i. Active uses as defined in this section
ii. Consumer-facing office uses
iii. An entryway, lobby, and related circulation areas leading to parts of the building that are
either on upper floors or not fronting a public way
iv. Semi-active amenity uses
b. Uses allowed by special permit
i. Non-consumer-facing office uses
c. Uses Not permitted
i. Housing units
ii. Parking and driving aisles, except driving aisles to reach parking facilities when there is
no alternative access available
iii. Automobile-oriented uses, including but not limited to auto repair, car washes, and
drive-through retail or food service
iv. Building mechanical, maintenance, or operations
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ANNUAL TOWN MEETING – MAY 12, 2025
v. Any other use that is not open to the public
2. Ground floor, not fronting a public way or public park
a. Uses allowed by right
i. Active uses as defined in this section
ii. Consumer-facing and non-consumer-facing office uses
iii. Semi-active amenity uses
iv. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
v. Accessory storage for building residents
vi. Building mechanical, maintenance, or operations
b. Uses allowed by special permit
i. Housing Units
3. Upper floors
a. Uses allowed by right
i. Housing units
ii. Semi-active amenity uses
iii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iv. Accessory storage for building residents
v. Building mechanical, maintenance, or operations
4. Below ground areas
a. Uses allowed by right
i. Semi-active amenity uses
ii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iii. Accessory storage for building residents
iv. Building mechanical, maintenance, or operations
v. Parking
b. Uses allowed by special permit
i. Active uses as defined in this section, provided uses are visible from the ground floor
and can be accessed from a public way or public park
ii. Office uses, consumer facing and non-consumer-facing
c. Uses not permitted
i. Housing units
8.8.5 Use Regulations, Back-lot Structures. The following regulations shall govern the uses located within
any back-lot structures in mixed-use developments.
1. Uses allowed by right.
a. Semi-active amenity uses
b. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
c. Accessory storage for building residents
d. Building mechanical, maintenance, or operations
e. Parking
2. Uses allowed by special permit
a. Active uses as defined in this section, but only on the ground floor or lowest upper floor
b. Office uses, consumer-facing and non-consumer-facing
c. Housing units
3. Uses not permitted
a. Automobile-oriented uses, including but not limited to auto repair, and drive-through uses
8.8.6 Dimensional Regulations. Mixed-use developments permitted under this section shall follow the
dimensional regulations in Section 4 of this Zoning By-Law.
8.8.7 Site Planning.
1. Principles. The site plan of mixed-use developments permitted under this section should adhere to the
following principles:
a. Promote a walkable and vibrant public realm along a public way or public open space.
b. Emphasize the connection between public ways and open spaces and the uses of the building.
c. Promote the active use of any space between the ground floor frontage and public right-of-way.
d. Minimize the visual and physical impact of parking facilities, primarily from the street in front of
the site and secondarily from the side and rear, through building placement and context-
appropriate landscaping treatments.
2. Standards
a. Automobile parking facilities shall be behind the principal structure. In cases where parking
behind the structure is not feasible, parking to the side of the structure is permitted, provided it
is set back at least ten feet from the front of the front facade.
b. Loading facilities shall not be located at the ground floor frontage. If possible, loading facilities
should be located at the rear of the building.
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ANNUAL TOWN MEETING – MAY 12, 2025
c. To the extent possible, automobile access to parking and loading should be located at the side or
rear of the parcel and should be screened from view from the public ways or public open spaces
along the front of the parcel and from side and rear adjacent parcels.
d. Bicycle parking should be located near the primary entrance to the development’s housing units
and/or the primary entrance to ground floor units.
e. The principal entrance of any ground floor active use space should be along the ground floor
frontage.
f. The principal entrance leading to the housing units may be along the ground floor frontage or
along the side or rear facades.
g. Exterior stairs leading to residential portions of the mixed-use development should be located on
the side or rear of the building.
8.8.8 Moderate Income Units. For developments proposing five (5) residential units or more, not fewer than
ten percent (10%) of the dwelling units shall be deed restricted in perpetuity for occupancy by persons
earning not more than eighty percent (80%) of the area median income as defined and regulated by the
Commonwealth’s Executive Office of Housing and Livable Communities (EOHLC). For purposes of
calculating the number of units of Affordable Housing required within a development project, a fractional
unit shall be rounded up to the next whole number. Moderate-income housing units must be integrated
into the overall development so as to prevent the physical segregation of such units and otherwise shall
be indistinguishable from market rate units.
8.8.9 Severability. The provisions of this section are severable. If any court of competent jurisdiction shall invalidate
any provision herein, such invalidation shall not affect any other provisions of this section. If any court of
competent jurisdiction shall invalidate the application of any provision of this section to a particular case, such
invalidation shall not affect the application of said provision to any other case within the Town.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 8.8 Mixed-Use, be added to the Zoning By-law as set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 31 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 5-0
PLANNING BOARD DISCUSSION: The public hearing for Article 31 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
to add a new section to the by-law to spell out the criteria and standards for mixed-use developments. The by-law
currently allows mixed-use as of right in the Business and Central Business zones, but does not have any
accompanying standards in place. The Board had no questions and took a vote to close the public hearing and send
a positive recommendation to Town Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion for Article
31 with one member abstaining due to a potential conflict of interest related to business ownership in the affected
area. This article is part of the ongoing effort to implement the 2023 Metropolitan Area Planning Council’s (MAPC)
Downtown Canton Report, a study of the zoning and design regulations for Canton Center, and is also supported by
the Zoning Working Group.
Article 31 would add a Section 8.8 to the Zoning By-laws extensively defining and setting rules for mixed-use
buildings. The Zoning By-laws do not currently have a section to specifically regulate mixed-use buildings and this
added section will remedy that lack of clarity.
This new section of the Zoning By-laws will define the purpose and goals of mixed-use buildings including such
principles as promoting an active and healthy community, addressing traffic congestion by better connecting housing
with destinations, making neighborhoods in Canton’s commercial districts walkable, creating more options for housing
at more affordable prices by the use of mixed-use buildings, and greater residential density.
There are a number of definitions in Section 8.8.2 to clarify the meanings of terms used in the section, including
what “active uses” can be conducted in a mixed-use building (examples: retail, restaurant, entertainment, personal
services, galleries, public-facing government services, or health and fitness facilities). There are also definitions for
back-lot structures (a building that does not front a public way or park and is a secondary building), ground floor
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ANNUAL TOWN MEETING – MAY 12, 2025
frontage (main façade facing prominent street), office uses (consumer-facing and non-consumer facing), semi-active
amenity uses (including such things as communal resident-only amenities or services), and upper floors (all floors
above the ground floor).
Section 8.8.3 defines the applicability of the provisions of Section 8.8.
Regulations are covered in Sections 8.8.4 and 8.8.5 on a variety of matters. Regulations in Section 8.8.4 are stated
for principal structures and what uses are allowed by right, allowed by special permit, or not permitted by floor level
(below ground, ground, and upper floors), and in the case of ground floors with some differences based on what
frontage of the building is being considered (public way or park fronting / not fronting public way or park). There are
regulations in Section 8.8.5 for back lot structures regarding what uses are allowed by right, allowed by special
permit, or not permitted. Use regulations that are regulated by type of structure (principal or back-lot), by floor, and
with consideration to the fronting orientation of the use relative to the site help ensure that proposed multi-use
buildings meet the intended purposes of mixed-use development in Canton.
Section 8.8.6 cross-references the section of the Zoning By-laws where the reader can find the dimensional
regulations for mixed use structures.
Section 8.8.7 addresses the principles and standards for site planning for mixed-use sites. The principles focus on
walkability, vibrant connectivity with public areas and open spaces, encouraging active uses of the grounds between
the main façade and public ways, and an emphasis on visually and physically discreet parking in the rear, or in some
cases sides, of mixed-use buildings. The standards of the section promote those principles.
Section 8.8.8 provides for moderate income units (a category of affordable housing). Mixed-use buildings that have
more than five units would need to have ten percent of the total units in those developments be moderate income
housing units. This would help preserve the Town’s need to retain the ten percent affordable housing stock relative
to its total housing units to comply with Massachusetts General Law Chapter 40B requirements regarding affordable
housing that allows the Town to have the maximum zoning autonomy on developments in Canton without state
intervention due to a lack of the required proportion of affordable housing in the Subsidized Housing Inventory.
This Article will not change where mixed-use buildings can be built in Canton. It would only define what mixed-use
developments can be built and the regulations governing their design and use.
Encouraging the development of mixed-use buildings in the areas of Canton where they are allowed, will help
transform those areas into more walkable neighborhoods while promoting a greater number of destinations and
housing options, which is beneficial to the Town’s economy, housing stock, and Town revenue generation. This
carefully crafted section of the Zoning By-laws will ensure that the scale and design of the buildings will meet the
Town’s development goals while still being consistent with the desired character of the Town of Canton.
APPROVED__________ DISAPPROVED__________
106Source page 107
ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 32
AMEND ZONING BY-LAW SECTION 10.7 CANTON CENTER DESIGN REVIEW
Article 32 To see if the Town will vote amend Zoning By-law Section 10.7 as follows, with bold and underlined
language indicating changes.
10.7 CANTON CENTER DESIGN REVIEW
10.7.1 Purpose. The purpose of this section is to preserve and enhance Canton Center's cultural, economic and
historical resources by providing a detailed design review of the exterior appearance of buildings and sites located
within the Central Business District boundaries of the Canton Center Economic Opportunity District. The
design review procedure shall:
1. Enhance the social and economic viability of Canton Center by preserving property values and promoting
the attractiveness of Canton Center as a place to live, visit and shop;
2. Protect and preserve the historic and cultural heritage of Canton Center by promoting the conservation
of buildings or groups of buildings that have aesthetic or historic significance, or are determined to contribute
to the character of Canton Center by the Planning Board.
3. Promote and encourage building design and building alterations that are compatible with the existing
environment and are of superior quality or appearance; and
4. Promote flexibility and variety in future development to enhance the natural and aesthetic qualities of
Canton Center.
10.7.2 General. The Planning Board shall follow the Canton Center Design Principles contained in this Section
10.7 and any applicable regulatory policies or guidelines that may be adopted. The Planning Board shall
keep in mind that the design of buildings is determined by (1) the nature of the site, (2) the nature of the materials
used, (3) the nature of the building itself and (4) the nature of the architect.
Each building is more than a separate structure: it is part of the Canton Center Townscape. The proper use of scale
and proportion has the unique capacity to unite the different parts of the Canton Center so that each building
preserves its own identity, and yet each building blends into the whole. The expression of tradition and culture
through the scale and proportions of buildings and the spaces between buildings defines the Canton Center
Townscape.
10.7.3 Not Used Model. The applicant shall provide a three-dimensional Study Model (Model) of the
proposal, if required by the Zoning Board of Appeal. At a minimum, the Model shall include, but not be
limited to, the following:
1. Proposed building(s);
2. Neighboring buildings, as determined by the Planning Board;
3. Property lines;
4. Proposed topography modeled at two (2) foot intervals;
5. Location and dimensions of drives, parking areas, walks and paths;
6. Location and characteristics of any common open space, usable open space or natural open
space (Forge Pond, Canton River);
7. Proposed Landscaping;
8. Public streets and roadways;
9. Any other significant facilities or structures deemed appropriate by the Planning Board;
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ANNUAL TOWN MEETING – MAY 12, 2025
10. A legend that explains the design principles employed in designing the site.
The Model shall accurately replicate the applicant’s proposal and be of sufficient detail to clearly illustrate
the nature of the site, the nature of the materials used, and the nature of the building. The model shall
be constructed at a scale of 1" = 10', subject to the discretion of the Zoning Board of Appeals to require
a scale of 1" = 5'.
10.7.4 Canton Center Townscape. The design or redesign of buildings in Canton Center shall acknowledge and
respect the surrounding existing patterns of development, open space and natural resources (Forge Pond and the
Canton River).
10.7.5 Townscape Design; Statement of Principals.
1. To promote the thoughtful design or redesign of buildings within the Central Business District Canton
Center Economic Opportunity District.
2. To enhance the open space between existing and proposed buildings.
3. To promote the visual and functional duality of Canton Center.
4. To promote a pedestrian friendly scale and that links the development to the surrounding buildings,
neighborhood and natural environment (Forge Pond and the Canton River).
5. To provide buildings in scale and in proportion to the adjacent existing structures, open space and natural
and manmade environment.
6. To visually relate proposed buildings to their surroundings with respect to: Height; Street facade;
Materials, texture and color; Roof slopes; Quality and quantity of open space; Human Scale; Spacing of
buildings and signs; Fenestration; Quality of open space and landscapes; Natural environment; Handicapped
pedestrian access; and Building proportions.
10.7.6 Open Space. The design of new or altered buildings shall insure that valuable open space within Canton
Center is created, and that existing open space is preserved, protected, and enhanced. Proposals shall be consistent
with the Canton Center's open space goals, policies, objectives and plans.
10.7.7 Open Space Design; Statement of Principles.
1. To provide public access to Forge Pond and the Canton River.
2. To provide enjoyable and usable private and public open space that will add to the amenities of Canton
Center.
3. Development or redevelopment shall provide public and/or private open space and enhance adjacent
open spaces. The scale, proportions, setbacks, height, and roof slopes of proposed buildings shall be
compatible with existing or newly created open space.
4. Existing landscaping and landforms shall be incorporated into plans and used to the advantage of the
design.
5. To provide small parks with benches and other amenities that are accessible to the general public.
6. Non-surface off-street parking shall be provided to minimize paved surface areas, wherever possible.
10.7.8 Preservation and Enhancement of Landscape. The design of new or altered buildings shall insure the
integration of existing vegetation, landforms and water resources (Forge Pond/Canton River) into development plans,
keeping in mind the relationship of the natural environment to surrounding properties and the Canton Center
Townscape. All development or redevelopment within the Canton Center Economic Opportunity District
is encouraged to exceed the landscaping and screening requirements of the Zoning By-law.
10.7.9 Preservation and Enhancement of Landscape Design; Statement of Principles.
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ANNUAL TOWN MEETING – MAY 12, 2025
1. To promote the skillful use of existing topography, landforms and landscaping, including the preservation
of natural landscaping by minimizing tree and soil removal and the restoration of landscaping and wildlife
habitat to its natural state.
2. To provide landscaping and grades changes that either strengthen or buffer the visual relationship with
surrounding areas.
3. Provide trees, shrubs and groundcovers noted for longevity, low maintenance requirements, attractive
appearance, ability to survive, and screening ability.
4. Plant evergreens to provide an effective year round buffer between business and residential areas.
5. Provide plantings, planters and flower boxes to visually break up paved areas and/or to enhance an
ordinary facade.
6. Plant additional street trees and landscaping in public areas when projects impact the public streetscape.
7. Provide seasonal decorations, benches, etc.
10.7.10 Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of a shopping
district. To maximize their effectiveness, every sign and awning shall be an integral part of its building, and each
shall be complementary to adjacent signs and awnings. As a result, they become part of an overall image, each sign
and awning supporting the other and each helping to draw customers. All signs and awnings shall conform to the
maximum area height, number, setback and illumination requirements set forth in Zoning By-law Section 6.3.
10.7.11 Signs and Awnings Design; Statement of Principles.
1. Signs and awnings shall be compatible throughout Canton Center.
2. The size, location, design, color, texture, lighting and materials of signs and awnings shall be compatible
with and complementary to the New England "Colonial" or New England "Victorian" style.
3. Signs and awnings on the same building or on a series of attached buildings shall have consistency of
size, location, design, color, texture, lighting, materials and expression.
4. Signs and awning shall be carefully integrated with the building facade.
5. Place sign and awnings consistent with architectural details and not in conflict with building details such
as cornices, arches, lintels, pediments, windows, pilasters, etc.
6. Mount signs and awnings to align with other signs on the building, or installed within the natural sign
band formed by the building's details and cornices.
7. Signs shall not overpower the rest of the storefront, and be attractive as designs in themselves.
8. The design of lettering, materials and colors shall result in good visibility and be compatible and
complementary with other signs and awnings on the building.
9. Simple graphic symbols that are easily recognizable and clearly identify the particular good or services
being offered are the best.
10. Lettering shall be legible and oriented to the pedestrian on the sidewalk and to slow moving traffic.
There is no need to design signs for fast moving vehicles.
11. Signs and awnings shall creatively express the nature of the business in a New England "Colonial" or
New England "Victorian" style.
10.7.12 Heritage Structures. The Planning Board shall insure that proposed new buildings respect adjacent
Heritage Structures. When appropriate, the Planning Board will consult with and request opinions and information
from the Historical Commission regarding Heritage Structures.
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ANNUAL TOWN MEETING – MAY 12, 2025
1. The Planning Board shall prepare a "Canton Center Heritage Structure Survey and Findings
Report" which shall identify the building or groups of buildings within the Canton Center
Economic Opportunity District that have aesthetic or historic significance or are determined to
contribute to the character of Canton Center. Heritage Structures are defined as: (1) Historic
Structures, (2) noteworthy Period Structures, and (3) structures or groups of structures
determined to contribute to the character of Canton Center as determined by the Planning Board.
The Planning Board shall promote the preservation of Heritage Structures and shall actively
advocate for their rehabilitation.
10.7.13 Heritage Structures Design; Statement of Principles.
1. Rehabilitation of Heritage Structures shall be done with sensitivity to the structure, with as little deviation
as possible from the design intent of the original building. Proposals for a facade renovation or new building
construction that use a particular historical style or period style shall utilize accurate elements of that style.
2. Architectural or Period elements of Heritage Structures shall be preserved during any additions,
renovations, or conversions. Sign and facade alterations shall not conceal architectural elements. The
covering or removal or original facade elements (columns, pilasters, fenestration, arches, lintels, and
decorative elements) shall not be allowed.
3. The renovation or alteration of Heritage Structures shall maintain size and proportions of windows and
doors; windows and doors shall not be enlarged. Any new work shall fit within the scale of the existing
windows and doors and repeat the window and door rhythms that already exist.
4. The renovation or alteration of Heritage Structures shall maintain the original materials if possible; new
materials shall reflect and maintain the original textures and visual effect.
5. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed front
porches. Front porches are attractive, provide important balance to the building, and present a historically
functional part of the building.
6. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed
building details such as molding, coping lines or parapets, columns and piers.
7. The renovation or alteration of Heritage Structures shall install signage that is fitting with the image of
the building, often small-scaled to remain dignified.
8. The renovation or alteration of Heritage Structures shall provide color schemes typical of original building.
9. The renovation or alteration of Heritage Structures shall remove false building fronts including fascia
panels, mansard roofs, and any other material that covers and disrupts the original building detail.
10. The renovation or alteration of Heritage Structures shall conceal all mechanical equipment on roofs,
including metal chimneys, and at grade from view. An elevator penthouse, if added, shall be placed to
minimize its visibility and shall be integrated into the design of the building so as to not detract from the
significant architectural elements of the building or streetscape.
11. The impacts of new construction on adjacent Heritage Structures shall be minimized. Such devices as
building placement, spatial design and landscaping may be used to mitigate impacts on historical structures.
10.7.14 Not Used
10.7.15 Not Used
10.7.16 Not Used
10.7.17 CCDRB; Administrative Procedures. It is the responsibility of the applicant to distribute copies of plan
that require design review to the members of the Planning Board. The applicant shall provide six eight (6) copies of
plans and related materials required for design review. The original copy of the dated Planning Board application
(requesting Canton Center Design Review) shall be filed with the Board of Appeals.
1. Not Used It is the responsibility of the applicant to distribute the study model (if applicable)
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to the Planning Board office at the time of distribution of copies of plans that require design
review.
2. The Planning Board shall within thirty (30) days following the date such distribution is made, file a Canton
Center Review findings and Recommendations Report with the Board of Appeals. Failure to file within the
time designated shall be deemed to be a recommendation the plan be approved, unless the Chairman of
the Planning Board submits to the Board of Appeals within the initial thirty (30) day period and with the
consent of the applicant, a request to extend the time of filing for an additional thirty (30) days.
3. Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and recommendations
of the Planning Board’s design review, the ZBA shall not be bound by any specific findings or
recommendations.
10.7.18 Uses and Activities Subject to Design Review. The following uses and activities in the Central
Business Canton Center Economic Opportunity District shall be subject to design review:
1. Requests for sign permits submitted in accordance with the provisions of Section 6.3;
2. Requests for site plan approval submitted in accordance with Section 10.5;
3. Not Used Requests for a special permit submitted in accordance with Section 9.8, Canton
Center Economic Opportunity District; and
4. Any construction, alteration, demolition or removal of a structure or site, other than any construction,
alteration, demolition or removal of a single family residence which does not change the single family use
of the structure or site, shall be subject to review by the Planning Board. This includes all actions except
those that are considered to be routine maintenance.
10.7.19 Design Standards and Criteria.
1. Specific Site Design Standards:
i. Building Placement: The building shall be placed at the front of the property and oriented along
the street to be the most prominent feature of the property and define the primary and secondary
street frontages.
ii. Parking Placement: Parking is required to be located to the rear of the building or underground
integrating with the foundation of the building.
iii. Integrated Access Drives: All access drives shall be designed to be secondary to the sidewalk.
Sidewalks shall be continuous and uninterrupted in materials, elevation, and grading.
iv. Compatible with Context: The site design including the selection of materials and products
shall contribute to a cohesive Downtown environment and strengthen the sense of place.
2. Specific Frontage Design Standards:
i. Integrated with Public Realm: The private property between the front lot line and the building
shall be integrated and indistinguishable from the adjacent public realm.
ii. Coordinated Materials: The surface treatments of sidewalks and plazas on the private property
shall extend the materials, details, and design features of the adjacent public realm.
iii. Extended Sidewalk Area: The space between the building and the street shall be an extension
of the sidewalk and public realm.
3. Specific Building Design Standards:
i. Building Scale Horizontally: The building massing and form shall be designed to reduce the
scale of the building by breaking the horizontal building mass into smaller “bays.” No bay shall
be wider than 40 feet.
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ii. Building Scale Vertically: The building massing and form shall be designed to reduce the scale
of the building by breaking the vertical building mass to reduce the perceived height of the
building. For example, a step back at the top floor reduces the visual impact of the height of that
floor.
iii. Step Back: The fourth floor must step back 12 feet from the front and sides of the third floor.
iv. Relationship to Context: Building height and massing should respond to and complement the
abutting context by responding to the height of surrounding buildings with a change in building
massing, a step back or feature of the architectural design or building materials.
4. Specific Facades, Windows and Doors Design Standards:
i. Active Ground Floor: The ground floor must place active uses with transparent windows toward
the primary frontage. The ground floor facade must be a minimum of 60% transparent glass
(including window trim, sills, spacers, and mullions.
ii. Facade Transparency: The ground floor shall be more transparent with glass storefronts
showing active uses within the building. The upper levels shall be less transparent and shift from
a storefront system to punched window openings.
iii. Facade Visual Interest: Any side of the building that is visible from a street or sidewalk shall
have windows. Blank walls do not contribute to a vibrant downtown environment. Where a blank
wall length greater than 40 feet is unavoidable it shall be location of an art installation or mural.
5. Specific Parking Design Standards:
i. Parking Location: All parking shall be located to the rear of the building or in some
circumstances designed to be integrated with the foundation of the building with integrated
ramp access to parking below grade.
ii. Efficient Parking Access: Access to parking shall be as efficient as possible and reduce conflict
with sidewalks.
iii. Minimize Sidewalk Disruption: Minimize the width of curb cuts and driveways, with a
preference for the narrowest width possible.
6. Specific Signage Design Standards:
i. Consistent Sign Band: In order to strengthen the downtown environment, signage shall be
attached to the building at a consistent height above the ground floor storefront system in a
“sign band” area.
7. Specific Landscape and Open Space Design Standards:
i. Landscape as a Feature of Downtown: A lush and enhanced landscape should be viewed as one
of the common characteristics of Canton Center. An increase in the amount of landscaping and
its enhanced maintenance and care should be a noticeable feature of the district.
ii. Preserve Existing Trees: Existing trees shall be preserved on the property with a particular
focus on preservation and protection of established street trees, shade trees, and mature trees
providing buffers to adjacent properties. It is less costly to preserve and enhance existing trees
and shrubs. When undertaking construction or improvements, ensure that existing trees are
well-protected. Consult with the landscape professional as to accepted arbor care standards for
tree and plant protection.
8. Specific Pedestrian and Bicycle Improvement Design Standards:
i. Integrate Secure Bicycle Parking Areas: Parking for bicycles shall be integrated into the site
design for the property providing convenient locations to securely lock bicycles on the property.
9. Specific Site Service and Utilities Design Standards:
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i. Locate Behind the Building: All loading, service, and access areas shall be located to the rear
of the building.
ii. Screening Requirements: All dumpsters or other service areas shall be completely visually
enclosed with a screening wall or fence and integrated with the overall site layout.
iii. Integrate with the Rear Ground Floor Facade: Loading dock and service areas that are part of
the building shall be located on the rear facade and shall be integrated with the design of the
ground floor.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 10.7 Canton Center Design Review, be amended as set
forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 32 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 4-0
PLANNING BOARD DISCUSSION: The public hearing for Article 32 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
to amend the section on design review in accordance with recommendations from the 2023 MAPC Downtown Canton
Report. The changes will add design standards, giving the Planning Board greater control on the form and appearance
of architectural changes in Canton Center. Additionally, the amendment proposes to alter the jurisdiction of design
review from the Canton Center Economic Opportunity District to the Central Business District. Mr. McCarthy talked
about the process of the 2023 MAPC Downtown study and the public participation and input that went into the
creation of those recommendations. The Board took a vote to close the public hearing and send a positive
recommendation to Town Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion for Article
32, with two members abstaining due to potential conflict of interests related to property or business ownership in
the affected area. This article is part of the ongoing effort to implement the 2023 Metropolitan Area Planning Council’s
(MAPC) Downtown Canton Report, a study of the zoning and design regulations for Canton Center, and is supported
by the Zoning Working Group. Article 32 would make amendments to Section 10.7 that regulates the Canton Center
design review process is being considered.
The amendments to Section 10.7 will add a significant number of stricter design standards and related criteria
replacing weaker guidelines that have been used by the Planning Board and the Zoning Board of Appeals in the past
and presently. The purpose of these amendments (Section 10.7.1) is to allow Canton Center to remain economically
viable, preserve the historical and cultural heritage of Canton Center, ensure that new buildings or altered buildings
create a cohesive environment in the downtown area, and to allow flexible development that enhances Canton Center
both naturally and aesthetically.
The new design standards (Section 10.7.19) cover a wide range of design considerations. The standards include
specific site design standards on how buildings are placed on a lot, the placement of parking on the site, and the
regulation of access driveways relative to the sidewalks. Further, the new standards would better control what
materials and products can be used on developments to ensure a more cohesive appearance and environment in the
downtown. There will be standards regarding frontage of a property and how that frontage integrates and coordinates
with the adjacent public realm. Standards for building design would define the horizontal and vertical scale (with a
step back for any fourth floor) of a building to control building mass and allow any such structure to fit into the
Central Business District appropriately. Similarly, design standards for specific façade elements including windows
and doors will allow a more cohesive and engaging design in the downtown area. Additional design standards are
also proposed to improve the appearance and location of parking areas while new signage design standards will lead
to more consistent signage in the Central Business District. New landscape and open space design standards would
encourage the beautification of the Central Business District with a focus on enhanced greenery through well
maintained landscaping and the promoting of the preservation of existing trees and shrubs. In an effort to make the
Central Business District more multi-modal, there are design standards that require parking for bicycles to be
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ANNUAL TOWN MEETING – MAY 12, 2025
integrated into future development. Finally, service and utility design standards will ensure that these necessary but
often less aesthetically pleasing portions of a building will be carefully positioned and screened as appropriate to not
detract from the efforts to beautify the Central Business District.
The proposed deletion of some language in Section 10.7.12 regarding Heritage Structure Surveys was ultimately not
done due to the importance of that language in defining such structures.
Amendments to Section 10.7 also include eliminating references to the Canton Center Economic Opportunity District
that would be eliminated by Article 34 of the Warrant for the 2025 Annual Town Meeting and changing those
references to favor the Central Business District that now exists.
There are also other minor amendments affecting the review process, for example one amendment removes the
archaic requirement of having applicants provide three dimensional models exhibiting their development proposals.
Creating these design standards will help ensure that the scale, mass, and design of the buildings in Canton Center
are consistent with the character of the Town and the design goals of the Town, while still being development friendly.
These changes are recommended by the MPAC study of Canton Center that was developed through feedback from
many stakeholders in the area. The results of Article 32, will be a better design for future development in the
downtown area, which will both promote economic activity and cultural vibrancy.
APPROVED__________ DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 33
AMEND ZONING BY-LAW SECTION 4.3.7 HEIGHT EXCEPTION FOR CENTRAL BUSINESS DISTRICT
Article 33 To see if the Town will vote to add Zoning By-law Section 4.3.7 Exception for Central Business District
as follows or take any other action related thereto:
4.3.7 Exception for Central Business District.
In the Central Business District, the Board of Appeals may, in a specific case during site plan review, allow a
maximum height of four stories or fifty-two feet (52') for a building, whichever is lower, in accordance with the
following provisions:
1. The building must be proposed as mixed-use with non-residential uses on the ground floor; and
2. The fourth floor must step back 12 feet from the front and sides of the third floor
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 4.3.7 Height Exception for Central Business District, be added to the Zoning
By-law as set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion
presented by the Planning Board to Town Meeting for Article 33 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 4-0
PLANNING BOARD DISCUSSION: The public hearing for Article 33 was held by the Planning Board on
February 5, 2025. The Town Planner introduced the article and explained the proposed changes. This article proposes
to add a new section to the by-law that allows new buildings in the Central Business District to be up to four stories
high if certain conditions are met and the zoning board approves the request. This was recommended in the 2023
MAPC Downtown Canton Report. Mr. McCarthy asked Mr. Torres which building in Canton Center currently is 4 stories
with a fourth story step back (mentioned in the presentation). Mr. Torres answered that it was the building with the
Waterfall Café. The Board took a vote to close the public hearing and send a positive recommendation to Town
Meeting, which carried 4-0-0 (James Quigley absent).
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board motion for Article
33, with two members abstaining due to potential conflict of interests related to property or business ownership in
the affected area. This article is part of the ongoing effort to implement the 2023 Metropolitan Area Planning Council’s
(MAPC) Downtown Canton Report, a study of the zoning and design regulations for Canton Center, and is also
supported by the Zoning Working Group. Article 33 would add a Section 4.3.7 to the Zoning By-laws that allows
certain height restriction exceptions in the Central Business District at the discretion of the Zoning Board of Appeals.
This height restriction exception would conditionally allow buildings in the Central Business District to be four floors
or fifty-two feet, whichever is lower, provided that a building is mixed-use with a non-residential ground floor. The
design for such buildings would also need to include a twelve-foot step back for the fourth floor, relative to the front
and sides of the third floor, to limit the scale and mass of the building. The Zoning Board of Appeals could, at their
option, grant an exemption under this section as part of a design review, if the conditions are met by the development
and they deem the exemption appropriate for the situation.
This ability to have exceptions to the height restrictions in the Central Business District will encourage the
development of mixed-use buildings in that area of Canton by increasing design flexibility, which is beneficial to the
Town’s economy, housing stock, and Town revenue generation, while ensuring that the scale of the buildings in the
downtown neighborhood is still consistent with the character of the Town.
APPROVED__________ DISAPPROVED__________
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ANNUAL TOWN MEETING – MAY 12, 2025
ARTICLE 34
AMEND ZONING BY-LAW SECTION 9.8 CCEOD
Article 34 To see if the Town will vote to delete Zoning By-law Section 9.8 CANTON CENTER ECONOMIC
OPPORTUNITY DISTRICT (CCEOD) and replace with NOT USED
9.8 Not Used CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT (CCEOD)
9.8.1 Sub-districts. The CCEOD is divided into three separate and distinct sub-districts of Canton Center as
follows:
1. Priority Revitalization Area "A": That area of Canton Center that runs (1) along Washington Street
from Neponset Street to Sherman Street, a distance of approximately two thousand (2000) linear feet
and (2) that area zoned "Industrial" that runs along Pequit Street in the vicinity of Washington Street,
to the Northern border of the District.
2. Priority Revitalization Area "B": That area of Canton Center that runs (1) along Washington Street
from Sherman Street to Lewis Street, a distance of approximately one thousand (1000) linear feet,
but excluding (2) that area of land designated as “Industrial” that runs along Pequit Street in the
vicinity of Washington Street to the Northern border of the District.
3. Priority Revitalization Area “C”: That area of Canton Center that runs along Revere Street from
the boundary of Priority Revitalization “A” to the intersection of the railroad bridge/tracks and Revere
Street, a distance approximately 2,300 linear feet.
4. Priority Revitalization Areas “A” and “B” are shown on a map entitled “Canton Center Economic
Opportunity District (Priority Revitalization Area “A” and Priority Revitalization “B”) prepared by the
Canton Planning Department and dated December 20, 2004.
5. Priority Revitalization Area “C” is shown on map entitled “Canton Center Economic Opportunity
District (Priority Revitalization Area “C”) prepared by Vanasse Hangen Brustlin, Inc. and dated
January 5, 2015.
6. The maps described immediately above are hereby incorporated by reference in this Section 9.8.
7. Certain activities in The Priority Revitalization Areas are subject to Design Review as set forth in
section 10.7.
9.8.2 Priority Revitalization Area “A”; Purpose. Priority Revitalization Area "A" is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment in the Canton Center that will generate employment and tax revenue.
2. To provide additional planning flexibility for projects located in Canton Center, including enhancing the
coordination of the project with the environmental and natural features of the development site.
3. To encourage mixed-use development, including but not limited to, offices, retail shops, and multi-
family housing.
4. To permit and encourage the development of parks and open spaces, which would be available for use
by the general public, as a condition for the grant of a special permit pursuant to this Section 9.8
authorizing an increase in the otherwise permissible density of population or intensity of a particular use in
a proposed development pursuant to the requirements of this Section.
5. To permit the use of new development standards which will promote the desired changes in Canton
Center.
6. To provide information on the potential impacts of a proposed development.
7. To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site Development
and Use Plans" in the granting of a special permit.
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ANNUAL TOWN MEETING – MAY 12, 2025
9.8.3 Priority Revitalization Area “A”; Definitions. For the special purposes of Area “A”, the following words
and phrases shall have the meaning hereinafter indicated:
Building Height: Building height shall be limited as set forth in this Section and measured as set forth in
the State Building Code 780 CMR 101.0 et seq.
Buildable Lot Area: A buildable lot area shall be a single continuous tract of land located entirely within
Priority Revitalization Area “A” which is contiguous with the frontage, and which excludes any land defined
as a “Resource Area” under the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s. 40) and any
required yard area.
Gross square feet of nonresidential floor area: The total nonresidential floor area contained within exterior
walls but does not include basement space used for heating and utilities, storage or for automobile
parking.
9.8.4 Priority Revitalization Area “A”; Scope of Authority. Priority Revitalization Area "A" shall be an overlay
district and shall not restrict the owner's rights relative to the underlying zoning districts. However, if the owner
selects to use Priority Revitalization Area "A" for development purposes, the development shall conform to the
requirements of this Section for Priority Revitalization Area "A".
9.8.5 Priority Revitalization Area “A”; Special Permit Granting Authority. The Board of Appeals is hereby
designated as the Special Permit Granting Authority (SPGA) for all purposes in Priority Revitalization Area "A". All
special permit applications shall conform to the standards and criteria of this Section and the Zoning Board of
Appeals Rules and Regulations governing the administration of applications for special permits.
9.8.6 Priority Revitalization Area “A”; Applicability. In Priority Revitalization Area "A", no building shall be
constructed or externally enlarged, and no use shall be expanded in ground area, or established in an existing
building except in conformity with a special permit issued by the Board of Appeals and a Site Development and Use
Plan that bears the endorsement of approval by the Board of Appeals. Requirements and Procedures for approval of
such Site Development and Use Plan shall be in accordance with Section 10.5 and this Section.
9.8.7 Priority Revitalization Area “A”; Special Permit Criteria. In addition to the specific criteria contained
within Section 10.4, the SPGA shall issue a special permit for development within Priority Revitalization Area "A"
only after consideration of the project's compliance with the following additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association
with adjacent or proximate open space areas;
3. Suitability of the site for the proposed use(s);
4. Impact on traffic and pedestrian flow and safety;
5. Impact on the visual character of the neighborhood;
6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; and
7. Degree to which the proposed project complies with the goals of the Canton Center Revitalization Plan
and the provisions of this Section.
9.8.8 Priority Revitalization Area “A”; Special Permit Uses. Within Priority Revitalization Area "A", the Board
of Appeals may issue a special permit authorizing the following uses. No building or structure shall be designed,
arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other
than for one or more of the uses herein set forth as permissible by special permit.
1. Apartment houses or buildings.
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ANNUAL TOWN MEETING – MAY 12, 2025
2. Retail stores and offices including salesrooms and showrooms, consumer service establishments,
business and professional offices, executive and administrative offices, banks and other institutions.
3. All uses allowed by right or by special permit in the underlying zoning district.
4. Restaurant and other on-premises eating and drinking establishments.
9.8.9 Priority Revitalization Area “A”; Standards.
1. Minimum Lot Size. The minimum lot size is ten thousand (10,000) square feet of "buildable lot area."
The lot must contain the "buildable lot area" in a single, contiguous site within the boundaries of Priority
Revitalization Area "A". No portion of a way or street, as defined by the by-law may be included in
computing the minimum required "buildable lot area".
2. Lot Coverage. No building shall be constructed so as to cover, together with any other building on the
lot, more than fifty (50%) percent of the "buildable lot area".
3. Minimum Lot Frontage and Access. Lots with over sixty thousand (60,000) sq. ft. of "buildable lot
area" shall have a minimum frontage of one hundred twenty (120) feet and at least one (1) means of
ingress/egress. Each means of ingress/egress shall have a continuous frontage of not less than sixty (60)
feet.
4. Density. No building or structure shall be designed, arranged or constructed and no building, structure
or land shall be used, in whole or in part, which exceeds the densities specified below for residential and
nonresidential uses.
a. 10,000 square feet of lot area required for the first dwelling unit and
2,000 square feet of additional lot area required for each additional
dwelling unit thereafter.
b. Three thousand (3,000) gross square feet of nonresidential floor area per ten thousand
(10,000) sq. ft. of "buildable lot area" or portion thereof.
5. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be nearer to the
line of any street than the "required setback distance" or nearer to the sidelines of its lot than the
"required side yard width" or nearer to the rear line of its lot than the "required rear yard depth" specified
below. The required setback distance shall be measured from the nearest exterior line of the street in
question.
a. Required Setback Distance — 15 feet
b. Required Side Yard Width — N/A
c. Required Rear Yard Depth — 25 feet
6. Storage or Display. No storage or display of goods, products, materials or equipment, vending
machines or similar commercial devices shall be located nearer to the line of any street than the permitted
setback distance for a building on the lot.
7. Change of Lot. No lot on which a building is located shall be reduced or changed in size or shape so
that the building or lot fails to comply with the "buildable lot area", frontage, building coverage, yard
setback, or other dimensional provisions of this Section.
8. Height Regulations. No building shall be constructed to exceed forty (40) feet in height or a total of
three (3) stories (for commercial or residential use), whichever is lower.
9.8.10 Priority Revitalization Area “A”; Common Open Land. Each site is encouraged to have Common
Open Land for use by the general public. The open space shall have a shape, dimension, character and location
suitable to assure its use for park or open space purposes by the general public, and seventy-five percent (75%) of
the land to be considered as Common Open Land shall be contiguous and no piece of land to be included as part of
the calculation of Common Open Land shall consist of a piece less than two hundred (200) square feet in size.
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ANNUAL TOWN MEETING – MAY 12, 2025
9.8.11 Priority Revitalization Area “A”; Parking Requirements. In Priority Revitalization Area "A", there
shall be provided and maintained improved off-street automobile parking in connection with the erection,
establishment or increase in units or dimensions of buildings, structures and uses, in the required amounts
stipulated in the Zoning By-law Section 6.1 Off-Street parking.
9.8.12 Priority Revitalization Area “A”; Below Grade Structured Parking. Below grade automobile parking
shall be permitted within the basements of buildings provided that such "structured basement" automobile parking
is exclusively reserved for motor vehicles of residents or employees of the development.
1. Below grade structured parking may be designed to allow two (2) cars to park in "tandem". In such
cases, each of the two (2) "tandem" parking spaces shall be counted as providing a parking space for the
purpose of meeting the off-street parking requirement of this by-law. "Tandem" parking is defined as two
(2) parking spaces placed one behind another in single file.
9.8.13 Not Used
.
9.8.14 Priority Revitalization Area “A”; Signs and Advertising Devices. The provisions of Section 6.3 Signs
is adopted for the regulation and restriction of billboards, signs and other advertising devices with the Canton
Center Economic Opportunity District.
9.8.15 Priority Revitalization Area “A”; Certified Acoustical Barriers. No activity or use shall be allowed
which causes exterior noise levels to exceed a day-night average sound level of 65 decibels (65 L dn) at the lot
line; no dwelling unit shall be located where exterior noise levels exceed a day-night average sound level of 65
decibels (65 L dn); and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-
night average sound level of 45 decibels (45 L dn). The day-night average sound level (L dn) is the twenty-four
(24) hour average sound level, in decibels; resulting from the accumulation of noise from all sources contributing
to the external noise environment of the site with 10 decibels added to sound levels occurring from 10:00 a.m. to
7:00 p.m. The day-night average sound level (L dn) shall be determined in accordance with The Code of Federal
Regulations Title 24-Housing and Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).
9.8.16 Priority Revitalization Area “A”; Affordable Units. As a condition for the grant of a special permit
pursuant to this Section authorizing an increase in the otherwise permissible density or population or intensity of a
particular use in a proposed development pursuant to the requirements of this Section, at least fifteen percent
(15%) of the dwelling units shall be deed restricted in perpetuity, except for four (4) units or less, the Board may
decide to waive this requirement; for Occupancy by persons earning not more than eighty percent (80%) of the
area median income as defined and regulated by the Commonwealth's Department of Housing and Community
Development, and twenty percent (20%) shall be for low income persons. Such affordable housing units shall be
integrated into the overall development so as to prevent the physical segregation of such units and otherwise shall
be indistinguishable from market rate units except in size and interior finishing and appliances.
9.8.17 Priority Revitalization Area “A”; Alternative Units: As an alternative to including affordable units as
set forth immediately above, the applicant may include affordable units under Mass. Housing's Priority
Development Fund where at least twenty percent (20%) of the units must be affordable to low income persons as
defined and regulated by the Commonwealth's Department of Housing and Community Development and which
development must incorporate Smart Growth principles including without limitation locating in town center, reuse
of existing structures, locating around transportation sites, and preserving natural resources, and including Canton
Center Economic Opportunity District.
9.8.18 Priority Revitalization Area “A”; Preference. As a condition of approval, the Zoning Board of Appeals
shall require that, to the maximum extent allowable under applicable law, Canton residents be given first
preference in the purchase or renting of affordable units, and the fees for all services will be negotiated between
the Authority and the Developer, within the Canton Center Economic Opportunity District Development as provided
for herein
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ANNUAL TOWN MEETING – MAY 12, 2025
1. For those dwelling units specified as affordable, the Zoning Board of Appeals shall require that, to the
maximum extent allowable under applicable law, the Canton Housing Authority be given priority with
regard to the selection process of residents.
9.8.19 Priority Revitalization Area “B”; Purpose. The Revitalization Area "B" is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment in the Canton Center that will generate employment and tax revenue.
2. To provide additional planning flexibility for projects and to enhance the coordination of the project
with the environmental and natural features of the development site.
3. To encourage mixed-use development of business and professional offices and multi-family housing.
4. To permit the use of new development standards which will retain the sites' present character.
5. To provide information on the potential impacts of a proposed development.
6. To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site Development
and Use Plans" in the granting of a special permit.
9.8.20 Priority Revitalization Area “B”; Definitions. For the special purposes of Revitalization Area “B”, the
following words and phrases shall have the meaning hereinafter indicated:
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of
a special permit for construction of a Revitalization Area “B” development, within Revitalization Area “B”
hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed
site, or have authority from the owner(s) to act for him or hold option or contract duly executed by the
owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
Buffer: An area within the Revitalization Area “B” Development adjacent to the boundaries, streams and
ponds, which may not be developed except as provided herein.
Business and Professional Office: The office of one skilled in an occupation that primarily services clients
or patients rather than retail customers including, but not limited to the office of a doctor, lawyer, dentist,
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.
Development Schedule: A schedule showing the order and timing of construction and the sequence of the
improvements to be built or furnished in the Revitalization Area “B” site, separated into stages where
applicable.
Height Regulations: Building height shall be limited as set forth in this Section and measured as set forth
in the State Building Code 780 CMR 101.0 et seq.
Open Space: Open Space is defined as an area of land containing no building or structure, or impervious
material. In the event that natural materials (i.e. brick, pavers, etc.) are used in the construction of
walkways, courtyards, patios, etc., allowing such surfaces to be pervious, the area of these surfaces can
be credited toward the open space requirement.
Regulations: The applicable rules and regulations of the Zoning Board relative to special permits and site
plans. The Zoning Board of Appeals, as the Special Permit Granting Authority, reserves the right to
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