Canton, Massachusetts · Saved source text
STM Warrant Final voted by BOS 3-10-2015
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Source page 1
Fifty-Five Years of Age or Older
Town of Canton
Commonwealth of Massachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required
to notify and warn the inhabitants of the Town of Canton to meet at Morse
Auditorium, on the grounds of the Canton High School, 900 Washington
Street in said town on;
SPECIAL TOWN MEETING
MONDAY, THE ELEVENTH DAY
OF MAY 2015
At seven-o-five (7:05 P.M.) in the evening for the special town meeting at
which time and place the following articles are to be acted upon:
AMEND THE ZONING BY-LAW TO ADD “PRIORITY
REVITALIZATION AREA C” (CANTON CENTER
ECONOMIC OPPORTUNITY DISTRICT BY-LAW)
ARTICLE 1 To see if the town will vote to amend the zoning by-law to
add “Priority Revitalization Area C” to Section 9.8 (Canton Center
Economic Opportunity District By-Law) as follows or to take any other
action related thereto:
Item 1. Delete Section 9.8.1 and replace it with a new Section 9.8.1, as
follows:
9.8.1 Subdistricts. The CCEOD is divided into three separate and distinct
subdistricts of Canton Center as follows:
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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 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 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 Area "A" to the intersection of the railroad
bridge/tracks and Revere Street, a distance of 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 Area "B")
prepared by the Canton Planning Department and dated December
20, 2004.
5. Priority Revitalization Area "C" is shown on a 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.
Item 2. Add the following new Sections immediately after Section 9.8.33:
9.8.34 Priority Revitalization Area "C"; Purpose. Priority Revitalization
Area "C" is established for the accomplishment of the following purposes:
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1. To promote the economic health and stability of the Town by encouraging development and economic investment that will generate employment and tax revenue. 2. To provide additional planning flexibility for projects located in and near Canton Center, including enhancing the coordination of the project with the environmental and natural features of the development site. 3. To permit and encourage mixed-use development, including but not limited to, Multi-family Dwellings, Fifty-Five Years of Age or Older Housing, offices, kindergarten and pre-schools, municipal uses, historic preservation, recreational uses, retail shops and industrial uses. 4. To permit the use of new development standards, which will promote the desired changes in and near Canton Center. 5. To permit and encourage the development of open spaces which would be available for use by the general public. 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 "Development and Use Plans" in the granting of a special permit. 8. To provide for development in a manner that creates harmony between residential and non-residential neighborhoods, protects existing abutting neighborhoods, and minimizes the development impact on nearby neighborhoods, while conserving and enhancing environmental features, woodlands, wet areas, the Canton River, open spaces and areas of scenic views, beauty, and vistas such as, for example, the Viaduct. 9.8.35. Priority Revitalization Area ”C”; Definitions. For the special purposes of Priority Revitalization Area “C” only, the following words and phrases shall have the meanings hereinafter indicated. Applicant: The person or legal entity that applies for issuance of a special permit for permission to construct a Project that conforms to the requirements of this By law for Priority Revitalization Area C. The Applicant must own or be the beneficial owner of all the land included in the proposed site, or have written authorization from the owner(s) to act for him or must hold an option or contract duly executed by the owner(s) giving the Applicant the right to acquire the land to be included in the 3/10/15 Page 3
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site. Buffer Area: An area within the CCEOD Revitalization Area “C” adjacent to the boundaries, streams, rivers, ponds, which may not be developed except in accordance with the Massachusetts Wetlands Protection Act and its implementing regulations (MGL Chapter 131, Sections 40 and 40A, and 310 CMR 10.00) and other requirements herein. Building Height: Building height shall be measured as set forth in this section 9.8 and measured as set forth in the State Building Code 780 CMR 101.0 et seq. Height shall be subject to the provisions of Section 4.3 of the By-Law except as otherwise provided in this Section 9.8. Buildable Lot Area: The area of a Lot excluding any land defined as a Resource Area. Common Open Land: 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 Development Parcel or members of the public. Development Agreement: A written agreement executed by the Board of Selectmen and the Applicant concerning the Project containing, without limitation, actions to be taken by the Applicant to mitigate potential adverse effects of the Project. Development Parcel: One or more Lots within Priority Revitalization Area “C" which together are designated as a Development Parcel on a Site Development and Use Plan. 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’. Development Schedule: A schedule showing the anticipated order and timing of construction and the sequence of the improvements to be built on the Priority Revitalization Area "C" site, separated into stages where applicable. Fifty-Five Years of Age or Older Housing: Housing facilities (including, without limitation, in independent or congregate facilities) for individuals fifty-five (55) years of age or older as allowed under Massachusetts General Laws c. 151B, Section 4. 3/10/15 Page 4
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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. Lot: A single contiguous tract of land including at least the minimum amount of Buildable Lot Area required herein and located entirely within the Development Parcel and Priority Revitalization Area “C”, which may be shown on an approved definitive subdivision plan under G.L. c. 41, Section 81K or an endorsed “approval not required” plan under G.L. c. 41,Section 81 P. More than one building may be located on a Lot, subject to compliance with all applicable dimensional requirements of this Section 9.8. Lot Development and Use Plan: A plan approved by the SPGA for the development and use of a particular Lot within a Development Parcel pursuant to the special permit process for the Priority Revitalization Area “C”. A Lot Development and Use Plan shall comply with the plan contents requirements of Section 10.5.2 of the Zoning By-Law. The Special Permit process and the Site Plan Review process under Section 10.5.1 may occur contemporaneously. Mixed-Use Development: A development that contains both residential and non-residential uses. 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, landscape architect, real estate agent, insurance agent, or the studio of an artist, musician, teacher, or the workroom of a dressmaker, milliner, or photographer in which retail sales are incidental to office use. Project: A residential, non-residential or mixed-use development for which a special permit or Special Permits is sought pursuant to Section 9.8, the Priority Revitalization Area “C” overlay provisions. The Project may be developed and constructed in multiple phases, subject to conditions to be set forth in the Special Permit(s). Regulations: The applicable rules and regulations adopted by the Board of Appeals relative to special permits pursuant to M.G.L c.40A, Section 9. 3/10/15 Page 5
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Resource Area: All land subject to jurisdiction under 310 CMR 10.02(1)(a) and (b) (which shall not include land subject to flooding or riverfront area). Small Scale Retail: Retail stores with a gross floor area of 10,000 square feet or less. Upland Acres: Land area not in a Resource Area. All terms not defined in the provisions of this Zoning By-law related to the Priority Revitalization Area “C” shall have the meanings ascribed to them in Section 11 of this Zoning By-law. 9.8.36 Priority Revitalization Area "C"; Scope of Authority. Priority Revitalization Area “C” shall be an overlay district and shall not restrict the landowner's rights relative to the underlying zoning districts. However, if the landowner elects to apply for a special permit under the provisions of this section 9.8 applicable to Priority Revitalization Area "C', the development shall conform to the requirements of this section 9.8 for Priority Revitalization Area C and shall not be required to conform to the requirements of the underlying zoning districts to the extent the Project is built pursuant to a Special Permit(s). 9.8.37 Priority Revitalization Area "C"; Special Permit Granting Authority. The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with respect to Projects within the Priority Revitalization Area “C” pursued under this Section 9.8. All special permit applications shall conform to the provisions, of this Section 9.8 with respect to Priority Revitalization Area “C” and the Board of Appeals’ Rules and Regulations adopted pursuant to M.G.L. c.40A, Section 9 governing the administration of applications for special permits. In determining whether the criteria for grant of a special permit stated in this Zoning By-law have been satisfied, the SPGA may grant a special permit applicable to a Project in Priority Revitalization Area "C" only if the SPGA finds that the adverse impacts of the Project will be outweighed by the benefits of the project to the Town, including without limitation any mitigation and/or other benefits to be provided to the Town by the Applicant pursuant to any Development Agreement between the Applicant and the 3/10/15 Page 6
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Town. Notwithstanding, the foregoing, any mitigation required under the Performance Standards contained in Section 6.7 of this Zoning By-law may be found by the SPGA to be satisfied by the terms of a Development Agreement between the Town and the Applicant The SPGA may in its discretion waive any of the Standards and Criteria stated in Section 9.8.40, any of the Densities stated in Section 9.8.41 and any of the Setbacks and Yard Regulations stated in Section 9.8.42 if the SPGA finds that such waiver satisfies the criteria stated in Section 10.4.2 of this Zoning By-law for grant of a special permit and the general conditions stated in Section 10.5.5 of this Zoning By-law for approval of a site plan. 9.8.38 Priority Revitalization Area "C"; Applicability. In Priority Revitalization Area C, 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 Lot 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. In the event of damage or destruction to any buildings or structures originally constructed pursuant to a Special Permit and Lot Development and Use Plan issued hereunder, such buildings and structures may be rebuilt and restored consistent with the original Special Permit and such Lot Development and Use Plan without the requirement of obtaining a new Special Permit or Lot Development and Use Plan from the SPGA. 9.8.39 Priority Revitalization Area “C”; Uses Permitted by Special Permit. Within Priority Revitalization Area “C”, the SPGA 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. A. Residential Uses: 3/10/15 Page 7
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1. Multi-family Dwellings, including, without limitation, Townhouse
style dwellings, Mid-rise style units, and ancillary facilities and
amenities.
2. Fifty-Five Years of Age or Older Housing and ancillary facilities
and amenities.
3. Accessory structures (whether at, below or above grade) and
surface parking, driveways and roadways, serving any uses within
the Development Parcel.
4. All other residential uses allowed by right or by special permit in
the underlying zoning district.
B. Non-Residential Uses:
1. Small-scale Retail stores.
2. Offices, including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and
administrative offices, banks and other institutions.
3. Restaurants with or without the service of alcoholic beverages
(provided that if alcoholic beverages are served any bar area does
not comprise more than thirty-five percent (35%) of the floor area
of the restaurant), including both indoor and outdoor seating.
4. Banks or similar financial institution, including drive-through
facilities.
5. Child Care Centers, Pre-Schools and Kindergartens.
6. Recreational facilities.
7. Private and public open spaces.
8. Municipal uses.
9. Accessory structures (whether at, below or above grade) and
surface parking, driveways and roadways, serving any uses within
the Development Parcel.
10.All uses allowed by right or by special permit in the underlying
zoning district.
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C. The following uses are specifically prohibited within Priority
Revitalization Area “C”:
1. Fast food establishments.
2. Drive-through for the sale of food. Any other drive-through, with
the exception of banks and financial institutions noted above, may
be authorized by the SPGA as part of a special permit for a Priority
Revitalization Area "C" Project.
D. For Projects permitted in the Priority Revitalization Area “C” there
shall be no non-resident deliveries or shipments between 10:00 p.m. and
7:00 a.m. Monday through Friday; and there shall be no non-resident
deliveries or shipments between 10:00 p.m. and 8:00 a.m. on weekends.
9.8.40 Priority Revitalization Area “C”; Standards and Criteria.
A. In addition to the specific criteria contained within Section
10.4, the SPGA shall issue a special permit for development within
Priority Revitalization Area C 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.
B. Minimum Development Size
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1. Development Parcel Area Requirement:
a. The minimum Development Parcel area is twenty- five
(25) acres of Buildable Lot Area determined as of the
time of approval and endorsement of the application
for the first Lot Development and Use Plan.
b. No portion of a public way or public street, as defined
by this Zoning By-law may be included in computing
the minimum required Buildable Lot Area.
2. Lot Area Requirement:
a. The minimum Lot area is 10,000 sq. ft. of Buildable Lot
Area.
b. No portion of a public way or public street, as defined by
this Zoning By-law may be included in computing the
minimum required Buildable Lot Area.
C. Building Coverage:
1. Development Parcel Requirement: No building on the
Development Parcel shall be constructed so as to cover,
together with any other buildings on the Development Parcel,
more than thirty percent (30%) of the Buildable Lot Area of the
Development Parcel.
2. Lot Requirement: No building on a Lot shall be constructed
so as to cover, together with any other building on the Lot,
more than fifty percent (50%) of the Buildable Lot Area.
D. Minimum Frontage and Access:
1. Development Parcel Requirement:
a. Each Development Parcel shall have a minimum
frontage of two hundred and fifty (250) feet on a street or
way and at least two means of ingress/egress.
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b. Each means of required ingress/egress shall have a
paved width of no less than twenty-four (24) feet.
c. Lot Requirement: Each Lot shall have a minimum
frontage of fifty (50) feet on a street or way.
E. Transition Area: Where a portion of the Development Parcel
abuts another parcel which is zoned for residential purposes, a
“Transition Area” of fifteen (15) feet or a screen wall of
adequate height shall be provided at the perimeter of the
Development Parcel along the border with such abutting parcel.
The Applicant shall file a landscape plan, prepared by a
Massachusetts Registered Landscape Architect that
demonstrates in the opinion of the Board of Appeals sufficient
plantings to provide adequate screening within such Transition
Area. Buildable Lot Areas or portions thereof that are also
designated as Transition Areas shall be included in the
calculation of “Common Open Land”.
a. The SPGA may reduce the width of the required “Transition Area” and
modify other landscape requirements where the SPGA finds that suitable
screening will be provided by other means such as fencing or topography,
and that such reduction will not have material adverse impact on the
surrounding neighborhood.
9.8.41 Priority Revitalization Area “C”; Density
No building or structure shall be designed, arranged or constructed and no
building, structure or land shall be used, in whole or in part, which exceeds
the densities specified below for residential and non-residential uses.
A. Residential Uses
Maximum permissible densities are as follows:
1. Multi-family Dwellings including, without limitation, Townhouse
and Mid-rise style dwellings and ancillary facilities and amenities:
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One dwelling unit per 2,600 square feet of Buildable Lot Area
in the Development Parcel.
2. Fifty-Five Years of Age or Older Housing and ancillary facilities
and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area
in the Development Parcel.
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand (2,000) square feet of Gross Floor Area per 10,000
square feet of Buildable Lot Area in the Development Parcel.
9.8.42 Priority Revitalization Area “C”; 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. Development Parcel
Each Development Parcel shall have a side yard setback of not less than ten
(10) feet; except that if the side yard abuts land owned by the Town, or the
East Branch of the Neponset River dam or diversion channel, or the
Plymouth Rubber triple drainage culvert, such side yard shall be not less
than five (5) feet. There shall be a front yard setback for any Development
Parcel along Revere Street of no less than five (5) feet but there shall be no
front yard setback requirement for any internal subdivision road within any
Development Parcel.
1. Each Development Parcel shall have a rear yard setback of not
less than five (5) feet.
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B. Lot
Each lot shall have a minimum side and rear yard of fifteen (15) feet
except that if a side or rear yard abuts land owned by the Town, or the
Canton River dam diversion channel, or the Plymouth Rubber triple
drainage culvert, such side or rear yard shall be not less than fifteen
(15) feet. There shall be no front yard setback requirement for a Lot.
C. Additional Setback Requirements
1. The SPGA may waive the setback distance where it finds such
a waiver appropriate because of specific physical
circumstances, such as irregular lot lines or other natural
features that create open space or buffers.
2. No commercial storage or display of goods, products, materials
or equipment, vending machines or similar commercial devices
shall be allowed within the required front, side, or rear yard
setback; provided, however, that the foregoing shall not be
interpreted so as to prohibit the placement in any such yards of
HVAC, mechanical, plumbing, and fire protection equipment,
transformers or similar equipment utilized in connection with
the operation of any buildings in any portion of the
Development Parcel.
3. 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 Lot Area, frontage, building coverage, yard
setback, or other dimensional provisions, of this Section.
9.8.43 Priority Revitalization Area “C”; Height Regulations.
No building shall be constructed to exceed the height of (a) forty – eight feet
(48'); or (b) a total of four (4) stories inclusive of enclosed parking,
whichever is lower.
9.8.44 Common Open Land and Public Access.
A. Common Open Land:
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Each Project shall have a minimum of thirty percent (30%) of the
Development Parcel designated as Common Open Land for use by the
occupants of the Development Parcel.
B. Public Access:
A Project shall provide pedestrian access walkways to and from
natural resource areas within the Development Parcel within an area
or areas shown on a Lot Development and Use Plan.
9.8.45 Priority Revitalization Area “C”; Parking and Loading
Requirements.
For each Project there shall be provided and maintained improved off-street
automobile parking in connection with the erection, establishment or
increase in units or dimensions of buildings, structures and uses, in the
following amounts:
A. For dwelling units: 1.5 parking spaces per each dwelling unit,
except for Fifty-Five Years of Age or Older Housing units
which shall require 1 parking space per unit.
B. For restaurants and other on premises eating and drinking
establishments: one (1) parking space for each three (3) seats,
plus one (l) parking space for every three (3) employees on the
largest shift, subject to the discretion of the SPGA to allow
fewer parking spaces where the SPGA finds that fewer parking
spaces are needed. Where benches are used, not less than one
(1) parking space for each six (6) feet of bench, subject to the
discretion of the SPGA to allow fewer parking spaces where the
SPGA finds that fewer parking spaces are needed.
C. For retail stores and offices including salesrooms and
showrooms, consumer service establishments, public
administration buildings, business and professional offices,
executive and administrative offices, banks and other financial
institutions: one (1) parking space for each two hundred fifty
(250) square feet of Gross Floor Area.
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D. Uses not listed in this Section 9.8.45 Parking Requirements,
Subsections (A), (B), (C) or (D) shall comply with the parking
space requirements of the Zoning By-law Section 6.1 Off-Street
Parking.
E. In the case of mixed-use projects, the parking spaces required
shall be the sum of the requirements for the various individual
uses, computed separately in accordance with this Section
9.8.45. Parking spaces for one use shall not provide the required
parking spaces for any other use unless the SPGA finds that the
need for parking occurs at different times.
F. Off-street automobile parking spaces, to the extent required in
this section, may be provided either on the same lot or premises
with the parking generator or on any lot or premises associated
therewith a substantial portion of which, at least, is within three
hundred (300) feet of such generator.
Off-street parking facilities and connecting drives between such
facilities and the street shall be designed to insure the safety and
convenience of persons traveling within or through the parking
area, and between the parking facility and the street. The
provisions of Section 6.1.6 of this Zoning By-law as to General
Design shall be considered the minimum criteria for evaluating
such design.
Below grade automobile parking may 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 Project.
G. In addition to the requirements for automobile parking spaces
there shall also be provided for each building or group of
buildings sufficient off-street loading space to insure that all
loading operations take place off of the public way. Loading
spaces and access drives leading to loading spaces shall be so
designed that vehicles to be loaded or unloaded are not required
to maneuver in the public way to enter or leave the designated
loading area. The provisions of Section 6.2, Loading Areas,
shall be considered minimum criteria for evaluating such
design.
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9.8.46 Priority Revitalization Area “C”; Signs and Advertising Devices. The provisions of Section 6.3 of this Zoning By-law (Signs) is hereby adopted for the regulation and restriction of billboards, signs and other advertising devices within Priority Revitalization Area "C". 9.8.47 Priority Revitalization Area “C”; Certified Acoustical Barriers. Except for demolition, infrastructure construction, renovation or repair of existing buildings and structures and construction new buildings and structures, no activity or use shall be allowed which causes exterior noise levels to exceed a day-night average sound level of 65 decibels (65 L dn) at the Lot line; no dwelling unit shall be located where exterior noise levels exceed a day-night average sound level of 65 decibels (65 L dn); and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-night average sound level of 45 decibels (45 L dn). The day- night average sound level (L dn) is the 24-hour average sound level, in decibels, resulting from the accumulation of noise from all sources contributing to the external noise environment of the site with 10 decibels added to sound levels occurring from 10:00 AM to 7:00 PM. 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 51.100-51.106). 9.8.48 Priority Revitalization Area “C”; Moderate Income 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 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 Department of Housing and Community Development. The Special Permit may require that such moderate income housing units 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. 3/10/15 Page 16
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Copies of said plans are available for public review at the offices of the
Planning Board, Town Clerk, the Board of Selectmen, all in Memorial Hall,
and at the research desk of the Canton Public Library and on the town web
site, or take any other action in relation thereto.
Board of Selectmen
AMEND ZONING MAP BY PLACING PARCELS ALONG
REVERE STREET AND NEPONSET STREET WITHIN
CCEOD REVITALIZATION AREA C
ARTICLE 2 To see if the Town will vote to amend the zoning map, as
most recently amended, by placing parcels of land located along Revere
Street and Neponset Street within the Canton Center Economic Opportunity
District (Revitalization Area C) established by vote under Article 12 of this
2015 Annual Town Meeting warrant or take any action in relation thereto.
Said parcels of land are described in the Board of Assessors’ Maps as Map
26, Lots 92, 94, 95 and an area shown on Map 14 and 26 immediately
abutting Map 26, Lot 94 consisting of approximately 5.3 acres known as the
diversion channel; and as Map 15, Lot 86.
Copies of this Article and the accompanying plan are available for public
review at the offices of the Planning Board, Town Clerk, and the Board of
Selectmen, all in Memorial Hall, and at the research desk of the Canton
Public Library and on the town web site.
Board of Selectmen
VOTE TO CREATE A DISTRICT IMPROVEMENT FINANCING (DIF)
PROGRAM
Article 3 To see if the town will vote to create a district improvement
financing program according to the provisions of Chapter 40Q of the
General Laws, and:
i. to designate a development district within the territory of the Town to
be known as the Revere Street Development District, as shown on
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a plan entitled Proposed Revere DIF Boundary dated January 30,
2015 and on file in the office of the Town Clerk;
ii. to adopt a development program for the Revere Street Development
District on file in the office of the Town Clerk for the improvement
of the quality of life and physical facilities and structure of such
district which, pursuant to a Development Agreement with the
Town on file in the office of the Town Clerk, provides for:
a. the development of up to 295 residential units, approximately
10% of which shall be affordable units;
b. the development, construction, improvement or acquisition of
public facilities within such district including the barn and
rolling mill, Upper Forge Pond, Lower Forge Pond, Mill Pond
improvements, diversion channel bridge, improvements to
Factory Pond and other waterway and water control
improvements, junction walkway, Revere Street sidewalks,
roadway, sewers and drains;
c. improvement of pedestrian and vehicular traffic control and
transportation as set forth in subsection (b), above;
d. the use of private property located on Revere Street and
Neponset Street and shown on Land Court Plan 23714-A
(sheets 6 and 7) as Lot 4, including that known as 104 Revere
Street;
e. a financial plan whereby the development will be funded with
private funds provided by the developer and Town funds from
the issuance of bonds or other borrowings pursuant to said
Chapter 40Q or Chapter 44 of the General Laws;
f. no relocation of displaced persons as the property within such
district is unoccupied;
g. no provision for operation of such district by the Town after
the Development Agreement is fully performed; and
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h. the continuation of the program for up to 30 years from the date
of the designation of the district as provided in said Chapter
40Q;
iii. to create a development program fund pursuant to said Chapter 40Q
that consists of (a) a development sinking fund and (b) a project
cost account and such other accounts as the Board of Selectmen
deems necessary or appropriate;
iv. to authorize the Board of Selectmen to execute a Development
Agreement and to take any and all other action necessary or
convenient to the carrying out of the purposes of this vote; and
v. to take any other action related thereto.
Board of Selectmen
Comment: A district improvement financing (DIF) program is a municipal
tool that allows property development and infrastructure improvement to be
financed from tax revenues from a defined district in the Town.
Developments within the district are financed by increased tax revenues that
result from increases in taxable property values in the improved district.
Those new increased tax revenues are then segregated into a separate
account to pay for project costs incurred by the Town, if any, related to the
development of the district. No new taxes are levied, and the DIF program
does not reduce or redirect current property tax revenues.
In other words, new development that increases available tax revenue
without creating additional taxes or diverting existing tax revenue pays for
any project costs to be incurred by the Town. This allows for development
and payments that would otherwise be infeasible to proceed.
A DIF program may be established pursuant to G.L. c. 40Q. A DIF program
requires (1) a plan showing the boundaries of the district, and (2) a financial
plan. Copies of the plan showing the proposed district boundaries, DIF
program and the financial plan are on file with the Town Clerk’s office and
are available for review on the Town’s website (as Exhibits D, E and F) to
the development agreement between the Town and Canton Holdings, LLC
governing the re-development of the property within the district. In
addition, a copy of that development agreement is on file with the Town
Clerk’s office and is available for review on the Town’s website.
3/10/15 Page 19Source page 20
Additional information regarding the DIF program and the development agreement is also available on the Town’s website at http://town.canton.ma.us/554/Plymouth-Rubber-Redevelopment-Exhibits. REVERE STREET APPROPRIATION Article 4 To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statutes, including to authorize the issuance of bonds or other borrowing pursuant to said Chapter 40Q or Chapter 44 of the General Laws to finance the construction and acquisition of portions of and improvements to the property known as 104 Revere Street, Upper Forge Pond, Lower Forge Pond and other property within the Revere Street Development District as shown on the plan entitled “Proposed Revere DIF Boundary,” dated January 30, 2015 and on file with the office of the Town Clerk as part of a District Improvement Financing development program or otherwise; or to take any action related thereto. Board of Selectmen ACQUISITION OF REVERE STREET AND NEPONSET STREET LAND AND UPPER AND LOWER FORGE PONDS Article 5 To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain pursuant to G.L. c. 40Q, G.L. c. 40 and G.L. c. 79, all or any portions of and interests in the properties located off Revere Street and Neponset Street, known as 104 Revere Street and shown on Land Court Plan 23714-A (sheets 6 and 7) as Lot 4, and Upper Forge Pond and Lower Forge Pond shown on Land Court Plan 23714 -A (sheets 4 and 5) as Lots 2 and 3, including but not limited to the buildings known as the Rolling Mill and the Barn, a residential condominium unit, all bodies of water and dams and appurtenances thereto including but not limited to Mill Pond, Factory Pond, and the dams on the east branch of the Neponset River, water rights, sluiceways, diversion channels, rights of way, bridges and walkways, and other improvements for access, drainage, utilities, recreational, open space and any other public community, general or municipal purposes; or to take any action related thereto. Board of Selectmen 3/10/15 Page 20
Source page 21
RECOMMENDATIONS OF THE COMMUNITY PRESERVATION COMMITTEE Article 6 To see if the Town will vote to adopt and approve the recommendations of the Community Preservation Committee for Fiscal Year 2016 and to see if the Town will vote to implement such recommendations by appropriating a sum or sums of money from the Community Preservation Fund established pursuant to Chapter 44B of the General Laws and by authorizing the Board of Selectmen with the approval of the Community Preservation Committee to acquire by purchase, gift or eminent domain such real property interests in the name of the Town, or enforceable by the Town, including real property interests in the form of permanent affordable housing restrictions and historical preservation restrictions that will meet the requirements of Chapter 184 of the General Laws as may be necessary or proper to carry out the foregoing, or to take any other action related thereto. Board of Selectmen for the Community Preservation Committee DISPOSITION OF LAND Article 7 To see if the Town will vote to authorize the Board of Selectmen to sell, convey, transfer and otherwise dispose of that certain property located off Revere Street and the East Branch of the Neponset River known as Lot A, Lot B, Lot 5, Lot 6 and Lot 8 as shown on the plan entitled “Plan of Land in Canton, Mass.,” dated February 17, 1962 and recorded at the Norfolk County Registry of Deeds in Plan Book 213 as Plan No. 624 and that certain property located off Revere Street, known as Town Assessor Map 15, Parcel 86 and described by the deed recorded at said Registry in Book 7374, Page 212 as the “Second Parcel,” and portions thereof and interests therein for such consideration and on such terms and conditions as the Board of Selectmen deem advisable; or to take any action related thereto. Board of Selectmen 3/10/15 Page 21
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And you are hereby directed to serve this warrant by posting attested copies
at the Post Office and at not less than six other public places at least twenty-
one days before the day the said meeting is held.
Hereof fail not, and make due return of this warrant with your doings
thereon to the Town Clerk before the day the said meeting is held.
Given under our hands and seals this (10th) day of March in the year
two thousand and fifteen.
Board of Selectmen,
Town of Canton
___________________ ___ ____________________________
Victor D. Del Vecchio, Chair Avril T. Elkort, Vice-Chair
______________________ ____________________________
John J. Connolly, Clerk Robert E. Burr, Jr., Member
____________________________
Gerald A. Salvatori, Jr., Member
3/10/15 Page 22Source page 23
CONSTABLES RETURN OF SERVICE
Norfolk, ss
Pursuant to the within Warrant to me directed, I have notified and warned
the inhabitants of the Town of Canton to meet at the time and places
mentioned in the said warrant and for the purposes as stated in the said
Warrant by posting up attested copies of the same at the Post Office and at
six other public places in the town twenty-one days, or more, before the day
set in the said warrant.
Date on which the said notices were posted
___________________________________
______________________________________________________
Constable
Received and filed in the Office of the Town Clerk on
___________________________________
______________________________________________________
Tracy Kenney, Town Clerk
3/10/15 Page 23