Canton, Massachusetts · Saved source text
ATM 2012 WARRANT
Saved text from 116 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 41
ANNUAL TOWN MEETING APRIL 30, 2012
The day night average sound level (Ldn) 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 a.m. to 7:00 p.m. The day-night average sound level 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 Performance Standards
The provisions of section 6.7 entitled Performance Standards shall apply to applications for special permit and/or
Site Plan Approval under both CCEOD Priority Revitalization Area “A” and CCEOD “B”.
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 14 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-1-0
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 14 be indefinitely postponed.
PLANNING BOARD VOTE: 3-1-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to postpone indefinitely this article
because the article did not appear ready at this time based on a discussion with the Planning Board. The Finance
Committee felt that eliminating the residential component helps the town financially.
PLANNING BOARD MAJORITY DISCUSSION: The Planning Board majority felt this Article would not achieve
its intended purpose and would severely limit the goal of mixed use smart development under the CCEOD. The
original intent of the CCEOD was to encourage smart growth and development in Canton center. We have begun
the process of re-establishing the downtown area and this Article removes an important incentive with no
replacement or suggested alternatives. It is ineffective at achieving its goals and is not a solution to the problems
with the existing Article.
PLANNING BOARD MINORITY DISCUSSION: Over the past few years, the CCEOD has become less about
developing business to support Canton’s needs and more about the increase in apartments that in fact goes against
the initial intent of the by-law. Proposals that only include apartments do nothing to protect “the health and
stability of the town” and generate little employment and tax revenue if any at all. The CCEOD was put in place to
encourage mixed-use development. However as of late, development lacks the vital component of commercial
business as well as few spots for open space or parks the center is currently severely lacking. This proposal will
allow the town needed time to ensure a proper proposal be brought before town meeting next year this will match
the purpose. Supporting this article is not final and the Planning Board will work over the next year to ensure the
final part is included in the warrant next year. The only action that will prevent such distortion of the CCEOD’s
purpose is to vote to approve this article as written.
APPROVED__________ DISAPPROVED__________
ARTICLE 15
AMEND ZONING BY-LAWS 8.6 FLEXIBLE DEVELOPMENT/REPLACE WITH OPEN SPACE RESIDENTIAL
DEVELOPMENT
Article 15 To see if the town will vote to amend the Zoning By-Laws by striking section 8.6 Flexible
Development and Replacing it with the following:
8.6 OPEN SPACE RESIDENTIAL DEVELOPMENT
8.6.1 Purpose and Intent.
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ANNUAL TOWN MEETING APRIL 30, 2012
The Primary Purposes for this bylaw are the following:
(1) To allow for greater flexibility and creativity in the design of residential developments;
(2) To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other
natural resources including aquifers, water bodies and wetlands, and historical and archaeological resources;
(3) To encourage a less sprawling and more efficient form of development that consumes less open land and
conforms to existing topography and natural features;
(4) To minimize the total amount of disturbance on the site;
(5) To further the goals and policies of the Town of Canton Master Plan;
(6) To facilitate the construction and maintenance of housing, streets, utilities, and public services in a more
economical and efficient manner.
The Secondary Purposes for this bylaw are the following:
(1) To preserve and enhance the community character;
(2) To protect and enhance the value of real property;
(3) To provide for a diversified housing stock;
(4) To provide affordable housing to persons of low and moderate income.
8.6.2 Definitions See Section 11 Open Space Residential Development
8.6.3. Authority
The Planning Board shall act as the Special Permit Granting Authority for OSRD applications. The Planning Board
shall adopt and from time to time amend rules relative to the issuance of such Special permits, and shall file a
copy of said rules in the office of the Town Clerk. Such Rules shall prescribe a size, form, contents, style and
number of copies of plans and specifications and the procedure for a submission and approval of such Special
Permits.
8.6.4. Applicability
A. Any Major Residential Development must be permitted by issuance of a Special Permit from the Planning Board
for either Conventional Development or OSRD in accordance with this bylaw. Applicants for a Major Residential
Development shall submit both a conventional plan and an OSRD plan in accordance with the applicable provisions
of this Bylaw.
B. Developments of four (4) lots or less may also apply for an ORSD Special Permit subject to the following criteria:
(1) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of
contiguous parcels. The Planning Board may determine that two or more parcels separated by a road or other man-
made feature are “contiguous” for the purpose of this section, if they will serve as a singular resource and
effectively satisfy the Purpose and Intent of this bylaw as listed in Section 8.6.1.
(2) Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land
pursuant to G.L. c. 41, § 81P provided, however, an OSRD may also be permitted when the property is held in
condominium, cooperative ownership or other form where the property is not subdivided.
8.6.5. Application Procedure and Requirements
Applicants shall submit applications for an OSRD Special Permit in accordance with the Rules and Regulations
Governing Open Space Residential Design as adopted and amended by the Planning Board.
8.6.6. Design process.
At the time of the application for the Special Permit, in conformance with this Section 8.6 ., applicants are required
to demonstrate to the Planning Board that the following Design Process was performed by a multidisciplinary team
of which one member must be a certified Landscape Architect and considered in determining the layout of proposed
streets, house lots, unit placement if treated as a condominium, including designation of all common areas and
open space.
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ANNUAL TOWN MEETING APRIL 30, 2012
A. Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas (such
as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas
(including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland,
meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be
identified and delineated. Second, the Potentially Developable Area shall consist of land outside identified Primary
and Secondary Conservation Areas.
B. Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area
and include the delineation of private yards and shared amenities, so as to reflect an integrated community.
C. Aligning the Streets and Trails. Align streets in order to access the house lots or units. Additionally, new trails
should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks,
and trails.
D. Lot Lines. Draw in the lot lines using assumed lot lines if the ownership is in condominium, cooperative or other
similar form of common ownership.
8.6.7. Design Standards.
The following Generic and Site Specific Design Standards shall apply to all Sketch Plans for OSRD’s and shall
govern the development and design process:
A. Generic Design Standards.
(1) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil
removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas.
The orientation of individual building sites shall be such as to maintain maximum natural topography and cover.
Topography, tree cover, surface water buffers, and natural drainage ways shall be treated as fixed determinants of
road and lot configuration rather than as malleable elements that can be changed to follow a preferred
development scheme.
(2) Streets shall be designed and located in such a manner as to maintain and preserve natural topography,
significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off
the subject parcel.
(3) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of
existing buildings in the vicinity that have functional or visual relationship to the proposed buildings.
(4) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by
maximizing its visibility for persons passing the site or overlooking it from nearby properties.
(5) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall
be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
B. Site Specific Design Standards.
(1) Mix of Housing Types. The OSRD may consist of any combination of single-family and two-family structures.
Multifamily structures of not more than four (4) units may also be permitted by the Planning Board if they serve
the purpose and intent of the OSRD Bylaw, as stated in Section 1.
(2) Parking. Each dwelling unit for single or two-family homes shall be served by two (2) off-street parking spaces.
Parking spaces in front of garages may count in this computation. For dwelling units with fewer than two bedrooms
AND in structures containing four or more units, the applicant shall provide one and a half (1.5) parking spaces per
unit. Calculations for parking spaces in these developments shall be rounded up to the nearest integer where
necessary. The Planning board may choose to modify these requirements during the review process in response to
conditions specific to an individual proposal.
(3) Drainage. The Planning Board shall encourage the use of Soft Stormwater
Management Techniques and other Low Impact Development techniques that reduce impervious surface and
enable infiltration where appropriate.
(4) Screening and Landscaping. All structural surface stormwater management facilities shall be accompanied by a
conceptual landscape plan.
(5) On-site Pedestrian and Bicycle Circulation. Walkways, trails and bicycle paths shall be provided to link
residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
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ANNUAL TOWN MEETING APRIL 30, 2012
(6) Disturbed Areas. Every effort shall be made to minimize the area of disturbed areas on the tract. A disturbed
area is any land not left in its natural vegetated state.
7. Open space requirements.
A. Open Space Requirement. A minimum of thirty percent (30%) of the site shall be open space. The percentage of
this open space that can be wetland shall not exceed the percentage of wetland for the entire site under existing
conditions as shown on the Sketch Plan.
B. Description of Restriction on Open Space. Any proposed open space, unless conveyed to the Town or its
Conservation Commission, shall be subject to a permanent Conservation or Agricultural Preservation Restriction in
accordance with G.L. c. 184 § 31, approved by the Planning Board and Board of Selectmen/Town Counsel and
enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental
Affairs, Division of Conservation Services, or Department of Agricultural Resources. Such land shall be perpetually
kept in an open state, shall be preserved exclusively for the purposes set forth herein, and shall be maintained in a
manner which will ensure its suitability for its intended purposes. Any proposed open space that does not qualify
for inclusion in a Conservation Restriction or Agricultural Preservation Restriction or that is rejected from inclusion
in these programs by the Commonwealth of Massachusetts shall be subject to a Restrictive Covenant, which shall
be approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town.
(1) The open space shall be contiguous. Open Space will still be considered contiguous if it is separated by a
roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required
open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw
and/or protect identified primary and secondary conservation areas.
(2) The open space shall be used for wildlife habitat and conservation and the following additional purposes:
historic preservation, outdoor education, passive recreation, aquifer protection, agriculture, horticulture, forestry, a
combination of these uses, and shall be served by suitable access for such purposes. The Planning Board may
permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or
uses of such open space (i.e., pedestrian walks and bike paths) so long as it supports the primary and secondary
purposes of the OSRD and is consistent with state and local level environmental protections.
The open space shall have a shape, dimension, character and location suitable to assure its use for park,
recreation, conservation, or agricultural purposes by at least all the residents of the Flexible Residential
Development. Land considered by the Planning Board as marginal or unsuitable for building, such as, inaccessible
wetland and open water, steep slopes, highly eroded or poorly drained areas, areas of very shallow bedrock, or of
very high water table shall be included in the permanent open space; but no more than forty (40%) percent of the
required open land shall consist of such marginal or unbuildable areas.
Common open land may be used for passive and active residential recreational purposes such as swimming pools,
walking trails and tennis courts.
The Board may consult with the Conservation Commission and Building Commissioner to determine if land is
marginal or unbuildable.
(3) Wastewater and stormwater management systems serving the OSRD may be located within the open space.
Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space
required.
C. Ownership of the Open Space. The open space shall, at the Planning Board’s election, be conveyed to:
(1) The Town or its Conservation Commission;
(2) A nonprofit organization, the principal purpose of which is the conservation of open space and any of the
purposes for such open space set forth above;
(3) A corporation, homeowners association or trust owned jointly or in common by the owners of lots or units
within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in
perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or
trust which shall provide for mandatory assessments for maintenance expenses to each lot and unit. Each
individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these
provisions. Documents creating such homeowners association, trust or corporation shall be submitted to the
Planning Board for approval, and shall thereafter be recorded.
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ANNUAL TOWN MEETING APRIL 30, 2012
(4) A private owner for agricultural, horticultural or forestry.
D. Maintenance of Open Space. In any case where open space is not conveyed to the Town, the Town shall be
granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation
land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in
reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to
maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed
against the properties within the development and/or to the owner of the open space. The Town may file a lien
against the lot or lots to ensure payment of such maintenance.
8.6.7. Dimensional Requirements.
All dimensions shall comply with the provisions of the lot dimensional regulations of this subsection.
Requirement Residence B Residence A Residence AA
Minimum Lot Area (sq. ft.) 10,000 20,000 30,000
Minimum Lot Frontage (ft.) 50 50 50
Minimum Lot Width 50 50 50
Min. Lot Width Thru Building 60 70 70
Front Setback (ft.) 30 30 30
Side Yard (ft.) 25 25 25
Common Open Land 20 20 20
Rear Yard Setback 25 25 25
Max Lot Building Coverage 11% 8% 8%
8.6.8. Building Height
Maximum Height of Buildings. In all districts, no building shall be constructed to exceed the "Maximum Height"
specified as follows for the district in which said building is located:
The Maximum building height shall be 25 ft plus one foot for each additional 3 feet by which: (a) the setback
exceeds the required setback distance, or (b) the narrower side width, or (c) rear yard depth, whichever of the
three additional distances is the smallest; provided, however, the height shall not in any case exceed 35 feet.
.
Maximum building height shall be determined in accordance with the Massachusetts State Building Code.
1. When located on the ground, the maximum height of structure other than buildings, shall be the highest point
on the structure and shall not exceed the maximum height for buildings in feet as set forth in Section 4.3.1.
Structures may be located in a required front, rear or side yard provided the height of the structure is not greater
than its horizontal distance from the lot line, except that a fence or wall not greater than seven (7) feet in height
may be located on, or closer to a lot line than seven (7) feet.
8.6.9. Increases in Permissible Density.
The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic
Maximum Number for an OSRD Plan. The density bonus for the OSRD shall not, in the aggregate, exceed thirty
percent (30%) of the Basic Maximum Number. Computations shall be rounded down to the next whole number. A
density bonus may be awarded in the following circumstances:
A. For each additional ten percent (10%) of the site (over and above the required percentage) set aside as open
space, a bonus of five percent (5%) of the Basic Maximum Number may be awarded. Calculations shall be rounded
down to the nearest integer when determining this bonus.
B. For every one (1) dwelling units restricted in perpetuity to occupancy by Moderate-Income Households (up to a
maximum of 10% of the basic maximum number), one (1) market rate dwelling units may be added to the Basic
Maximum Number. Affordable housing units may be used toward density bonuses only if they can be counted
toward the Town’s affordable housing inventory as determined by the Massachusetts Department of Housing and
Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count
toward the community’s affordable housing inventory to the satisfaction of the Planning Board.
C. For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit
may be added to the Basic Maximum Number.
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ANNUAL TOWN MEETING APRIL 30, 2012
8.6.10. Decision of the Planning Board.
A. Criteria for Approval. The Planning Board will review all data and hold a public hearing in accordance with
M.G.L.c.40A, section 9. Prior to the close of the public hearing, the Planning Board shall recommend the
development plan (either the Yield Plan showing Conventional Development or the Sketch Plan showing OSRD),
that it considers the most beneficial to the Town. Within seven days, the Applicant shall then elect which plan he
wishes to pursue and communicate this choice in writing to the Board, prior to the close of public hearing. The
Board may approve such Plan with or without conditions. The Board shall disapprove both plans only if it finds that
either the Conventional Development (Yield Plan) of OSRD Development (Sketch Plan) is not a good faith design,
or that the Plan that the Applicant elects to pursue does not conform to the requirements of the Bylaw. The Board
may grant a Special Permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on
the tract than a conventional subdivision of the property and finds that the following eight (8) factors are present:
(1) That the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than
a conventional plan;
(2) That the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural
resources including water bodies and wetlands, and historical and archaeological resources;
(3) That the OSRD promotes a less sprawling and more efficient form of development that consumes less open
land and conforms to existing topography and natural features better than a conventional subdivision;
(4) That the OSRD reduces the total amount of disturbance on the site;
(5) That the OSRD furthers the goals and policies of existing community planning documents including, but not
limited to, the Town’s Local Comprehensive Plan, Open Space and Recreation Plan, Planned Production Strategy for
Affordable Housing and Executive Order 418 Community Development Plan;
(6) That the OSRD facilitates the construction and maintenance of streets, utilities, and public services in a more
economical and efficient manner;
(7) That the Concept Plan and its supporting narrative documentation complies with all applicable sections of this
zoning bylaw.
(8) That the proposed design does not create undo risk to public health, safety and welfare.
B. Relationship between Concept Plan and Definitive Subdivision Plan. Any Special permit for a Major Residential
Development or any Special Permit for OSRD that is granted a Special Permit and shows a subdivision must be
followed by the submittal of a Definitive Subdivision plan in accordance with the Subdivision Rules and Regulations
of the Town. The OSRD Special Permit shall be reconsidered if there is substantial variation between the Definitive
Subdivision Plan and the Concept Plan. If the Planning Board finds that a substantial variation exists, it shall hold a
public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following:
(1) An increase in the number of building lots and/or units;
(2) A significant decrease in the open space acreage;
(3) A significant change in the lot layout or unit placement;
(4) A significant change in the general development pattern which adversely affects natural landscape features and
open space preservation;
(5) Significant changes to the stormwater management facilities; and/or
(6) Significant changes in the wastewater management systems.
8.6.11. Severability.
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby.
And to amend Section 11 by striking “Flexible Development” and inserting the following in its place:
Basic Maximum Number – The number of units that would be allowed on a site using the standard Zoning Bylaw
Provisions and/or Subdivision Rules and Regulations as determined by a Yield Plan.
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ANNUAL TOWN MEETING APRIL 30, 2012
Hard Stormwater Management Techniques – Structural stormwater management techniques including, but not
limited to, catch basins, subsurface piping, stormwater inlets, and subsurface leaching facilities. These techniques
generally require heavy infrastructure and often result in significant alteration of the site hydrology.
Low-Income Household – Households in the “Very Low Income” affordability range as published annually by the
Department of Housing and Urban Development. Although this figure is generally considered to be 50% of the Area
Median Income (AMI), this calculation may vary depending on the subsidy program applied to the unit.
Major Residential Development-Any new development that will create more than four (4) residential lots
Moderate Income Household –households in the “Low Income” affordability range as published annually by the
Department of Housing and Urban Development (HUD). Although this figure is generally considered to be 80% of
the Area Median Income (AMI), this calculation may vary depending on the subsidy program applied to the unit.
Soft Stormwater Management Techniques – Non-structural stormwater management techniques that use passive
surface pre-treatment of stormwater in conjunction with decentralized recharge to achieve a low-impact design
that attempts to mimic pre development hydrologic conditions to the greatest practicable extent.
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 15 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the Article be withdrawn by the proponents without consideration, without
prejudice and without unfavorable action thereon pursuant to M.G.L. c.40A, Section 5.
PLANNING BOARD VOTE: 3-1-0
FINANCE COMMITTEE DISCUSSION: The Planning Board indicated that it had voted to withdraw Article 15
at the Town Meeting. Thus it was voted by the Finance Committee to defer to the Planning Board without further
discussion.
PLANNING BOARD DISCUSSION: The Planning Board decided this article as written was not ready to be
presented to voters and needed to be more carefully considered before it was presented.
APPROVED__________ DISAPPROVED__________
ARTICLE 16
AMEND ZONING BY-LAWS 8.5 - CARRIAGE HOUSE
Article 16 To see if the town will vote to amend the Zoning By-Laws by Striking the current Section 8.5 and
replacing it with the following:
8.5 CARRIAGE HOUSE
In Any Residential District, the Board of Appeals may allow by special permit, the conversion of any
accessory structure, such as a barn, carriage house or other such building that predates the adoption of
Zoning Regulations by the Town of Canton in 1937, into a separate dwelling unit. All of the following
conditions must be met for the Board of Appeals to issue a Special Permit:
1. No exterior enlargement in footprint or height of eaves or roof ridges may be permitted.
Essentially the structure must contain the same cubic volume pre and post conversion.
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ANNUAL TOWN MEETING APRIL 30, 2012
2. Exterior change to fenestration or doors must be designed to imitate the original use of the
structure, and to conceal the converted use.
3. A dwelling unit created under this section of the By Laws shall be limited to 2 (two) bedrooms.
4. No more than 1 (one) additional dwelling unit may be created per lot under this section of the
bylaw irrespective of how may eligible accessory structures may exist on a lot.
5. The lot area of the affected lot shall meet the following minimum criteria:
a. Residential C and General Residence Zone – 15,000 sq. ft.
b. Residential B Zone – 20,000 sq. ft.
c. Residential A Zone – 30,000 sq. ft.
d. Residential AA Zone – 45,000 sq. ft.
6. Approval shall be obtained from the Board of Health, Sewer and Water Department and
Conservation Commission and other Boards, as required.
7. There shall be provided at least two off-street parking spaces for the principal dwelling unit and
at least one off-street parking space per bedroom for the carriage house. In order to maintain the
appearance of a single-family neighborhood all parking spaces on the lot shall be subject further to the
following conditions and requirements:
a. Each parking space and the driveway leading thereto shall be bituminous concrete
paving or other approved surface.
b. No motor vehicles shall be regularly parked on the premises other than in such a parking
space.
c. Where there are more than two outdoor parking spaces, there shall be provided suitable
screening with evergreen or dense deciduous plantings, walls, fence or a combination thereof in
the area between the parking spaces and the nearest side lot line and, if the parking space is in
the front yard parallel to the street, in the area between the parking space and the front lot line.
Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single-
family appearance of the neighborhood.
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 16 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws be Amended by deleting Section 8.5 Carriage House and
Inserting a new Section 8.5 Carriage House as follows:
8.5 CARRIAGE HOUSE
In Any Residential District, the Board of Appeals may allow by special permit, the conversion of
any accessory structure, such as a barn, carriage house or other such building that predates
the adoption of Zoning Regulations by the Town of Canton in 1937, into a separate dwelling
unit. All of the following conditions must be met for the Board of Appeals to issue a Special
Permit:
1. No exterior enlargement in footprint or height of eaves or roof ridges may be
permitted. Essentially the structure must contain the same cubic volume pre and post
conversion.
2. Exterior change to fenestration or doors must be designed to imitate the original use of
the structure, and to conceal the converted use.
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ANNUAL TOWN MEETING APRIL 30, 2012
3. A dwelling unit created under this section of the By Laws shall be limited to 2 (two)
bedrooms.
4. No more than 1 (one) additional dwelling unit may be created per lot under this section
of the bylaw irrespective of how may eligible accessory structures may exist on a lot.
5. The lot area of the affected lot shall meet the following minimum criteria:
a. Residential C and General Residence Zone – 15,000 sq. ft.
b. Residential B Zone – 20,000 sq. ft.
c. Residential A Zone – 30,000 sq. ft.
d. Residential AA Zone – 45,000 sq. ft.
6. Approval shall be obtained from the Board of Health, Sewer and Water Department and
Conservation Commission and other Boards, as required.
7. There shall be provided at least two off-street parking spaces for the principal dwelling
unit and at least one off-street parking space for the carriage house per bedroom. In order
to maintain the appearance of a single-family neighborhood all parking spaces on the lot
shall be subject further to the following conditions and requirements:
a. Each parking space and the driveway leading thereto shall be bituminous
concrete paving or other approved surface.
b. No motor vehicles shall be regularly parked on the premises other than in such
a parking space.
c. Where there are more than two outdoor parking spaces, there shall be provided
suitable screening with evergreen or dense deciduous plantings, walls, fence or a
combination thereof in the area between the parking spaces and the nearest side
lot line and, if the parking space is in the front yard parallel to the street, in the
area between the parking space and the front lot line. Screening shall be sufficient
to minimize the visual impact on abutters and to maintain the single-family
appearance of the neighborhood.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: Currently, the Zoning By-Law for conversion of a barn/carriage house
into residential units is very broad and allows for multifamily and/or unlimited number of bedrooms, which could
have a detrimental impact on Town finances. The purpose of this article is to clarify the zoning requirements for
the conversion and close the ambiguous loopholes surrounding the occupancy density of the units. The Finance
Committee voted 7-0-0 to defer this to the Planning Board as this article has very little financial implications to the
Town.
PLANNING BOARD DISCUSSION: The Planning Board voted 4-0-0 to send a favorable recommendation
to Annual Town Meeting for the Article as written herein. The Planning Board unanimously supports the inclusion
of Section 8.5 Carriage House as moved as it provides necessary guidance and clarification regarding the usage of
Carriage Houses as dwelling units.
APPROVED__________ DISAPPROVED__________
ARTICLE 17
AMEND ZONING BY-LAW 10.3.1 – ESTABLISHMENT OF PLANNING BOARD
Article 17 To see if the town will vote to strike out section 10.3.1 of the Zoning By-Law
10.3.1 Establishment. Need something from the charter or general by laws.
And replace it with the following language:
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ANNUAL TOWN MEETING APRIL 30, 2012
10.3.1 Establishment. The Planning Board is established under previously adopted sections 81A through 81GG of
Chapter 41 of the Massachusetts General Laws as well as Article XII Section I of the General By Laws of the Town
of Canton.
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 17 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That section 10.3.1 of the Zoning By-Laws be amended by striking the following
10.3.1 Establishment. Need something from the charter or general by laws.
And replace it with the following language:
10.3.1 Establishment. The Planning Board is established under previously adopted sections 81A
through 81GG of Chapter 41 of the Massachusetts General Laws as well as Article XII Section I of the
General By Laws of the Town of Canton.
PLANNING BOARD VOTE: 3-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to defer this article to the Planning
Board for discussion at the 2012 ATM. The existing by-law language is merely an instructional placeholder that
should have been replaced with the proper language when the Zoning By-Laws were accepted and codified last
year.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to support this Article as it is a
replacement of a placeholder that was erroneously included in the re-codification last year. This simply establishes
the authority of Planning Board under Mass General Laws
APPROVED__________ DISAPPROVED__________
ARTICLE 18
AMEND ZONING BY-LAW SECTION 11.0 BY STRIKING LAST WORDS
Article 18 To see if the town will vote to strike out the following words from Section 11.0 of the Zoning By-Law:
“OR WHAT IT WILL DO IN RELATION THERETO.”
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 18 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws be amended by striking from Section 11.0 the following
words: “OR WHAT IT WILL DO IN RELATION THERETO.”
PLANNING BOARD VOTE: 3-0-0
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ANNUAL TOWN MEETING APRIL 30, 2012
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to defer this article to the
Planning Board. This is an additional housekeeping item from the recodification and has no financial impact to the
Town.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to support this Article as it
removes unnecessary language that was included erroneously in the re-codification.
APPROVED__________ DISAPPROVED__________
ARTICLE 19
AMEND ZONING BY-LAW BY REVISING CURRENT NUMBERING OF SECOND SECTION 6.3 “LANDSCAPING
AND SCREENING”
Article 19 To see if the Town will vote to amend the Zoning By-laws by revising the current numbering of the
second Section 6.3 entitled “Landscaping and Screening” and subsequent Sections and Sub-Sections so it shall
read as follows:
6.4 LANDSCAPING AND SCREENING
6.4.1 Purpose. The purpose of this Section is to reduce soil erosion and storm water runoff; to improve the
microclimate of parking lots; to provide visual buffers, and to enhance and preserve the visual character of the site
and the community.
6.4.2 Applicability. Landscaping Areas for parking lots shall be provided in accordance with Section 6.1.11 and
the Planning Board's current "Landscape Procedures and Standards". Applicants should strive to provide
landscaped areas in excess of the standards specified in Section 6.1.11.
6.4.3 Maintenance of Landscape Area. To ensure the implementation and long-term maintenance of
landscaping plans and requirements, the Town shall require one or more of the following:
1. Applicants watering schedule and maintenance schedule for the first year after project acceptance.
2. A 2-year guarantee on all new plant material. If any required tree or shrub dies within this period of
item, it shall be replaced.
3. The applicant may be required to post surety in the form of either cash, bond of deposit, or covenant
running with the land conditioned upon satisfactory implementation of the landscape work.
6.4.4 Landscape Procedures and Standards. The Planning Board shall adopt reasonable landscape procedures
and standards for site landscaping. The procedures and standards shall be adopted by majority vote of the
Planning Board after a duly constituted public hearing. The landscape procedures and standards will be in full force
and effect upon adoption by the Planning Board.
6.4.5 Fencing. Fencing may be allowed in lieu or in conjunction with plantings. Design and height of such
fencing, with accompanying landscaping, shall be subject to the approval of the Zoning Board of Appeals.
6.4.6 Retaining Walls. Retaining walls shall be constructed to a maximum height of six (6) feet. If site
conditions require elevation changes of greater than six (6) feet, retaining walls shall be terraced and landscaped.
Retaining walls facing residential districts shall be solid fieldstone or fieldstone veneer or other similar material.
Unless used within the Industrial Districts, vertical cast in place concrete or concrete blocks shall not be permitted.
6.4.6 Berms. The Zoning Board of Appeals may require a berm or berms in appropriate circumstances to
promote the goals of this section..
6.4.7 Unsightly Uses and Areas. Exposed storage areas, refuse disposal facilities, machinery, service areas,
truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from
neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence
complemented by evergreen plantings.
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ANNUAL TOWN MEETING APRIL 30, 2012
6.4.8 Maintenance. All landscaping features, structures and areas shall be properly maintained. Dead shrubs or
trees shall be replaced within one growing season as a condition of approval.
6.4.8 Special Permit. By special permit, the Zoning Board of Appeals may authorize a reduction in the
requirements of this section, where such reduction will not result in substantial detriment.
6.5 ENCLOSURE
6.5.1 Business and Limited Industrial District. In a Business District and in a Limited Industrial District, all
uses permitted as of right or permissible on special permit, and all uses accessory thereto, shall be conducted
within a completely enclosed building, except the following:
1. Uses permitted as of right or permissible on special permit in any General Residence District.
2. The dispensing of food, beverages or goods at a drive-in or stand, where authorized.
3. Accessory outdoor dining area where authorized.
4. The dispensing of fuel, lubricants or fluids at a garage or service station, where authorized.
5. Plants growing in the soil.
6. Automobile parking lots.
7. Exterior signs, as hereinafter permitted.
8. Exterior lights, as hereinafter regulated.
9. The open display or storage of goods, products, materials or equipment, where accessory to a
permitted main use conducted in a completely enclosed building on the same premises, subject to the
condition that the total ground area devoted to such open use does not exceed twenty-five (25) percent of
the ground area covered by said building. In a Limited Industrial District only, such open display or
storage shall, if visible at normal eye level from any point beyond the boundaries of the lot and less than
five hundred (500) feet distant, be completely screened from such view by wall, fences, or landscaping.
6.5.2 Industrial District. In an Industrial District, all uses permitted as of right or permissible on special permit
may be conducted within or without a completely enclosed building, but excluding outside storage required to have
a special permit.
6.5.3 Junk in Nonresidential Districts. In all Non-Residential Districts, the open storage of "Junk" as herein
defined (whether as a main use, where authorized, or as an accessory to a main use) shall, if visible at normal eye
level from any point beyond the boundaries of the lot and less than five hundred (500) feet distant, be completely
screened from such view by walls, fences or landscaping.
6.6 GREENBELTS IN LIMITED INDUSTRIAL DISTRICTS AND INDUSTRIAL DISTRICTS
6.6.1 General. In a Limited Industrial District and in an Industrial District where a lot used for a purpose not
permitted in any Residential District abuts or extends into a Residential District, or abuts another lot which has
frontage only in a Residential District or which extends from a Residential District into a Limited Industrial District
or an Industrial District by less than fifty (50) feet, there shall be provided a "Greenbelt" along the particular
portions of the lot which are next to such Residential District or such abutting lot. Such "Greenbelt" shall consist of
an area of not less than twenty-five (25) feet in width containing a dense planting of trees and shrubs to provide
within such area a natural barrier between the lot and the adjacent premises having an effective height of not less
than seven (7) feet; provided that if the Board of Appeals determines that such "Greenbelt" will create a traffic
hazard it may grant an exception to the requirements of this paragraph to the extent it determines is necessary to
alleviate such traffic hazard.
6.7 PERFORMANCE STANDARDS
6.7.1 General. The following standards shall apply to applications for special permits or for site plan approval for
nonresidential use.
6.7.2 Lighting. The proposed development shall not produce lighting so as to unreasonably interfere with the use
and enjoyment of property within the Town. Lighting practices and systems shall (I) reduce light pollution, light
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ANNUAL TOWN MEETING APRIL 30, 2012
trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the Town; (ii)
conserve energy and decrease lighting cost without decreasing night time safety, security, and productivity, and
(iii) preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the Town.
1. Shielding. All outdoor light fixtures shall be shielded so as to meet the goals of this Section.
2. Light Trespass. Direct light from the light source is to be confined within the property boundaries and
shall not cause overspill on adjacent property or into the night sky. Light trespass shall be limited to 0.25
foot-candles at the property line. Light fixtures shall enclose and shield light sources such that no point
sources of light are visible from off-site locations and no light shall project above horizontal.
3. Light Intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any
particular time. Design illumination levels shall be comparable to the minimum requirements of the
Illuminating Engineering Society of North America (IESNA) for each land use, except that higher
illumination levels shall be provided at on-site intersections and site entrances and in other locations
dictated by traffic safety concerns.
4. Illuminated Surfaces. Preferred surfacing for lighted areas shall be of materials such as blacktop
which reflect a relatively small fraction of incident light. Parking area lighting shall be reduced or
eliminated outside business hours. The Zoning Board of Appeals may require electrical controls for
parking lots which support pre-timed shut off for specific unused areas to reduce the glare from lighting.
5. Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited;
provided however, that same may be authorized for a period of not more than fourteen days by special
permit issued by the Zoning Board of Appeals.
6. Sodium Vapor or Metal Halide Lighting. No outdoor light fixtures using sodium vapor or metal halide
lamp or lamps shall be allowed unless specifically authorized.
7. Outdoor Signs. Outdoor light fixtures used to illuminate an outdoor sign shall be mounted on top of the
sign structure and shall direct light downward or otherwise restricted to prevent up-light and light
trespass.
8. Flickering and Flashing Lights. No flickering or flashing lights shall be permitted.
9. Height of Fixtures. Luminaires attached to a building for area lighting shall be mounted no higher than
fifteen (15) feet above grade. Pole mounted exterior lighting fixture types shall be mounted no higher
than 20 feet above grade.
10. Hours of Operation. Except as may be deemed appropriate for site safety or security, all external
lighting, including lighting accessory to authorized signs, shall be extinguished or shall provide reduced
illumination levels one half hour after the facility is closed for the business day. Such lighting may be pre-
timed to resume one half hour prior to the arrival of the first employee on the premises.
6.7.3 Noise. The proposed development shall not unreasonably interfere with the reasonable use and enjoyment
of property within the Town as a result of the generation of noise. Practices and systems shall (I) reduce noise
pollution in order to preserve and enhance the natural and aesthetic qualities of the Town; (ii) preserve property
values; and (iii) preserve neighborhood character.
1. Hours of Operation. As a condition of any special permit, the Zoning Board of Appeals may incorporate
the following conditions regarding hours of operation:
a. The loading, unloading, opening, closing or other handling of boxes, crates, containers,
building materials, or other objects or materials for sale or storage or use and the collection of
garbage or trash including dumpster change out in a manner that causes a condition of noise
pollution at any time but most specifically between the hours of eight post meridian (8:00 P.M.)
and seven ante meridian (7:00 A.M.) across a real property boundary in any district established
under the Zoning By-law.
b. Operating or permitting the operation of tools or equipment used in construction, drilling or
demolition work between the hours of eight post meridian (8:00 P.M.) and seven ante meridian
(7:00 A.M.) on week days or at any time on Sundays or Holidays so that the sound creates a
condition of noise pollution across a real property boundary.
c. The operation of heavy earth moving equipment shall comply with the
Town’s General By-laws.
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ANNUAL TOWN MEETING APRIL 30, 2012
d. All rooftop mechanical equipment shall be screened and accoustially
buffered.
2. Ambient Noise Level. No person shall operate or cause to be operated any source of sound in a
manner that creates a sound level which exceeds 10 dBA above ambient or exceeds 65 Ldn total for
residential receptors or exceeds 75 Ldn total for nonresidential receptors when measured at the property
boundary of the receiving land use.
6.7.4 Stormwater Management. The proposed development shall include adequate provisions or measures to
prevent pollution of surface or groundwater, minimize erosion and sedimentation, prevent changes in groundwater
levels, increased run-off, and potential for flooding, and minimize adverse impacts to neighboring properties by
flooding from excessive run-off.
1. Consistency with the Massachusetts Stormwater Management Regulations. All development shall
comply with the DEP’s Stormwater Management Regulations to ensure that the peak rate of surface water
run-off from the site shall not be increased nor degraded in quality after construction.
2. The on-site water stormwater management system shall comply with requirements of the Planning
Board’s “Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of
Canton Department of Public Works, and with standard engineering practice. In case of conflict among
the aforesaid and the DEP Stormwater Management Regulations, the more restrictive shall govern.
3. Dry Wells. Dry wells shall be used only where other methods are unfeasible and shall require oil,
grease, and sediment traps to facilitate removal of contaminants.
4. Conservation Commission. Where applicable, no special permit shall be issued unless a report shall
have been received from the Conservation Commission or the Zoning Board agent that the storm
drainage system is consistent with DEP Stormwater Management Regulations and that there is sufficient
storm drainage capacity to meet the flow demands of the proposed development on-site, and where
applicable, without causing surcharge in those storm drainage lines which serve the project and are
consistent with the standards of the Town.
5. Temporary Measures. During the construction phase, temporary diversions, berms, grassed
waterways, special culverts, shoulder dikes temporary stilling or detention/retention basins or such other
mechanical measures as may be necessary may be required by the Board to intercept and divert surface
water runoff. Runoff flow shall not be routed through resource areas of protected vegetation or
revegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be
directed according to BMPs, such as vegetated swales. Retaining walls may be required where side slopes
are steeper than a ratio of 3:1.
6. Erosion and Sedimentation Control. During the construction phase, erosion and sedimentation controls
shall be provided and continuously adjusted and maintained throughout the course of construction to
preclude damage to resource areas, adjacent properties, and pubic ways in accordance with the DEP
Stormwater Regulations. Topsoil and loam storage areas shall also be subject to these standards.
6.7.5 Site Development Standards. To the extent practicable, the proposed development shall be located to
preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to
minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural
features of the site and to preserve and enhance scenic points, historic buildings and places and similar community
assets which add value and attractiveness to the subdivision and the Town.
1. Land Disturbance. Site/building design shall preserve natural topography outside of the development
footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site.
2. Replication. Clearing of vegetation and alteration of topography shall be replicated with native
vegetation planted in disturbed areas as needed to enhance or restore wildlife habitat, if any.
3. Clearing for Utility Trenching. Clearing for utility trenching shall be limited to the minimum area
necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather
than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized
wherever feasible to protect root systems of trees.
4. Site Design.
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ANNUAL TOWN MEETING APRIL 30, 2012
a. Placement of buildings, structures, or parking facilities shall not detract from the site's scenic
qualities and shall blend with the natural landscape.
b. Building sites shall be directed away from the crest of hills, and foundations shall be
constructed to reflect the natural terrain.
c. Sites shall be designed in such a way as to avoid impacts to rare and endangered species and
wildlife habitat on a site, and to maintain contiguous forested areas.
5. Archeological or Historical Resources. The applicant shall comply with the regulations of the Canton
Historical Commission and/or the Massachusetts Historical Commission.
6. Preservation of Existing Vegetation. Priority shall be given to the preservation of existing stands of
trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites
protected through conservation restrictions), and specimen trees.
a. Understory vegetation beneath the dripline of preserved trees shall be retained in an
undisturbed state.
b. During clearing and/or construction activities, all vegetation to be retained shall be
surrounded by temporary protective fencing or other measures before any clearing or grading
occurs, and maintained until all construction work is completed and the site is cleaned up.
Barriers shall be large enough to encompass the essential root zone of all vegetation to be
protected. All vegetation within the protective fencing shall be retained in an undisturbed state.
7. Limit of Clearing. Development envelopes for structures, driveways, wastewater disposal, lawn areas
and utility work shall be designated to limit clearing and grading.
a. During clearing and/or construction activities, the limit of work line shall be marked by
temporary protective fencing or other measures before any clearing or grading occurs, and
maintained until all construction work is completed and the site is cleaned up. Area beyond the
limit of work shall be retained in an undisturbed state.
b. In order to minimize the clearing and grading on a site associated with construction activities
such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such
activities may be limited to areas already planned for permanent structures.
c. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated
buffers.
8. Finished Grade. Finished grades should be limited to no greater than a 2:1 slope, while preserving,
matching, or blending with the natural contours and undulations of the land to the greatest extent
possible. Finished grade shall be no higher than the trunk flare(s) of trees to be retained. The design of
grade changes at the base of existing large trees shall be subject to the approval of the Zoning Board of
Appeals or its agent.
9. Phasing of Development. The Zoning Board of Appeals may limit the extent of a site exposed at any
one time through phasing of construction operations. Effective sequencing shall occur within the
boundaries of natural drainage areas.
10. Revegetation. Proper revegetation techniques shall be employed during construction using native
plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants.
Revegetation shall occur on cleared sites within 7 (seven) calendar days of final grading and shall occur
during the planting season appropriate to the selected plant species.
11. Topsoil. A minimum of 6" of topsoil shall be placed on all disturbed surfaces which are proposed to
be planted.
6.7.6 Pedestrian and Vehicular Access; Traffic Management The proposed development and/or
redevelopment shall be designed with a forecast for the next five years from the time of application to (i) minimize
hazards to public health and safety as a result of traffic; (ii) provide safe access and circulation on the site for
expected vehicles, pedestrians, and emergency vehicles; (iii) provide off-site traffic mitigation, where required, to
offset the impact of the development; (iv) reduce the traffic impacts of the proposed development on the area and
the Town by incorporating traffic management devices; and (v) minimize the impact on scenic roads, historic
districts, natural resources, and community character. The Development shall not degrade safety for pedestrians,
bicyclists, motor vehicle occupants, or property.
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ANNUAL TOWN MEETING APRIL 30, 2012
1. Access. To the extent feasible, access to nonresidential uses and structures shall be provided via
one of the following (i) Access via a common driveway serving adjacent lots or premises; (ii) Access via an
existing side street; (iii) Access via a cul-de-sac or loop road shared by adjacent lots or premises.
a. Access via roadways abutting residential districts shall be avoided where possible.
b. Access and egress to a development with frontage on more than one street shall be in a
manner that causes the least impact to the surrounding neighborhoods as determined by the
Board.
2. Driveways. Each development shall be served by an adequate driveway.
a. The Board may, in certain circumstances, allow additional driveways as a condition of
approval where the access is shared or the project has frontage on two separate streets. The
aforesaid not withstanding, larger developments shall provide at least two means of access to the
public roadway system of the Town, one of which may be restricted to emergency vehicle use.
b. All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists,
and motorists exiting to public ways. Improvements may be required on the public way for
vehicular turning movements in or out of the site and safe pedestrian access to adjoining
sidewalks, paths, walking trails or bikeways.
c. Driveways shall comply with the pavement and base thicknesses required by the Planning
Board’s “Rules and Regulations Governing the Subdivision of Land” for “Residential Streets.”
Vertical faced precast concrete curb or vertical faced granite curb shall be provided along the
edge of pavement.
3. Curb Cuts. Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in
no case exceed 24 feet in width unless waived by the Board for industrial truck traffic. The location of
driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and
safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local
roads shall be minimized.
4. Interior Circulation. The proposed development shall assure safe interior circulation within its site by
separating pedestrian, bike ways, and vehicular traffic.
5. Transportation Plan Approval. The proposed development shall be subject to Transportation Plan
approval by the Board. The Transportation Plan shall consist of the following information:
a. A plan showing the proposed parking, loading, and traffic circulation within the site; access
and egress points; and other features related to traffic generated by the proposed use.
b. A traffic study, prepared by a qualified traffic engineer, detailing the excepted traffic impacts.
For proposed development in excess of 25,000 gross square feet or generating more than 100
trips in any one hour, determined in accordance with the Institute of Transportation Engineers,
Trip Generation, an ITE Informational Report, Eighth Edition, Volumes 1 through 3, © 2008
Institute of Transportation Engineers, the required traffic study shall substantially conform to the
Institute of Transportation Engineers’ "Traffic Access and Impact Studies for Site Development: A
Recommended Practice," latest edition. The Board shall approve the geographic scope and
content of the study. In addition, the applicant shall submit a Transportation Demand
Management (TDM) plan tailored to the specific uses and the geographic location of the site.
c. Proposed mitigation measures, if any, such as left-turn lanes, roadway widening, signage,
signalization of intersections.
d. For proposed development in excess of 25,000 gross square feet or generating more than 100
trips in any one hour, the applicant shall submit a Traffic Management Component (TMC) as part
of the Transportation Plan. The TMC shall provide information on the number of expected person
trips to and from the site, broken down by various travel modes (e.g., single occupancy vehicle,
carpool, walk, bicycle, commuter rail, shuttle bus, etc.). The TMC shall also incorporate one or
more of the following techniques to reduce the number of single occupancy vehicle trips by
employees coming to and departing from the proposed use:
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ANNUAL TOWN MEETING APRIL 30, 2012
1. Establishment of or contribution to a Traffic Management Association (TMA) within
the region, which shall provide shuffle services for employees and other services as may
be appropriate;
2. Employee carpools or vanpools sponsored by the employer or the TMA;
3. Subsidized commuter rail passes, provided by the employer, and sold on the site or
offered through payroll deduction;
4. Monetary incentives to employees who do not use a parking space;
5. On-site shower facilities and/or bicycle racks for employees who do not drive to
work;
6. Other techniques as may be deemed appropriate by the Board or its traffic
consultant.
7. Level of Service Maintenance or Improvement.
a. If the proposed project will result in an intersection level of service (LOS) below LOS D, or
result in a roadway volume to capacity ratio (v/c ratio) greater than 1.0 determined in
accordance with the 2010 “Highway Capacity Manual” of the Transportation Research Board of
the National Academies, the applicant may be required to provide detailed plans (including
reconstruction concepts), that when implemented would result in improvement or the least
deterioration of existing conditions. The applicant may be required to obtain approval for such
plans from agencies having jurisdiction.
b. If the proposed project will result in a reduction in level-of-service of one letter grade or an
increase of 10 seconds of delay to a signalized or un-signalized intersection, the applicant may be
required to provide detailed plans that when implemented would result in improvement or the
least possible deterioration of existing conditions. The applicant may be required to obtain
approval for such plans from agencies having jurisdiction.
c. If a project causes a change in intersection operations as set forth in paragraphs a or b above,
the applicant may be required to construct the intersection improvements at their expense.
8. Dangerous Intersections. The Board may require mitigation for any net increase in traffic volumes of
10% or more at an intersection where crashes per million vehicles entering exceeds the MassDOT District
5 average crash rate for either signalized intersections or un-signalized intersections as applicable based
upon analysis of vehicle crash data for the last three years for which data is available.
9. Sight Distance. Acceptable sight distance shall be provided and maintained at all access locations,
egress locations, and all intersections affected by the Development. At a minimum, these site distances
shall meet the stricter of the MassDOT or the American Association of State Highway Transportation
Officials standards for safe-stopping sight distance (SSD) and for intersection sight distance (ISD).
10. Maximum Parking. The maximum parking allowed for a development shall be no more than the
minimum number of spaces required under zoning.
11. Mitigation. The Board may require as a condition of any special permit or site plan approval off-site
improvements to mitigate the impact of the proposed development. Such improvements include
intersection widening and traffic signals or the components of the TMC. All road and intersection
improvements proposed as part of development and redevelopment shall be consistent with local plans.
12. Pedestrian and Bicycle Safety. Pedestrian and bicycle circulation, and the amenities required thereof,
on and off site, shall be in accordance with the following requirements:
a. All development and redevelopment shall provide for pedestrian and bicyclist connections on
the property, and allow for possible future connections with adjoining properties, where deemed
appropriate by the Board.
b. Pedestrian access shall connect to all building entrances with further connections to local
pedestrian arteries.
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ANNUAL TOWN MEETING APRIL 30, 2012
c. All road and intersection widening and new traffic signals or modification of existing traffic
signals required as part of a Development or Redevelopment shall include appropriate bicycle and
pedestrian accommodation.
d. The Board may require proposed development and redevelopment to provide sufficient
rights-of-way on their properties to accommodate expected needs for bicycle and pedestrian use.
e. Sidewalks, crosswalks, walkways, bikeracks or other pedestrian access shall be provided to
allow access to adjacent properties and between individual businesses within a development.
f. If the property abuts a public bikeway/ right-of-way, a paved access route to the bikeway may
be required.
13. Design Standards for Parking Areas. Parking areas shall comply with the pavement and base
thicknesses required by the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”
for “Residential Streets.” Vertical faced precast concrete curb or vertical faced granite curb shall be
provided along the edge of pavement.
14. Location of Parking Areas. Where feasible, the Zoning Board of Appeals may require parking areas to
be located to the side or behind buildings so as to provide an appropriate setting for the building within
the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses.
The Zoning Board of Appeals may require alternative studies of parking lot layouts. Except where physical
constraints, site configuration, or safety considerations preclude strict compliance, all parking must be
accessible by driveways to the parking lots of adjacent nonresidential uses and land zoned for
nonresidential uses
15. Parking in Required Front Setback. The Zoning Board of Appeals may prohibit parking within the
required front setback.
16. Traffic Calming Features. Traffic calming measures such as crosswalks, bike lanes, rumble strips and
landscaped islands may be required.
6.7.7 Aesthetics. In determining the appropriateness of buildings, design elements of proposed buildings shall be
evaluated in relation to existing buildings adjacent or surrounding buildings. New buildings shall respect the
architectural character of adjacent buildings or, in the case of multi-tenant commercial areas, the overall
architectural theme of the area. Compatibility rather than conformity is desired. The Zoning Board of Appeals shall
not consider interior arrangements. Buildings shall be designed as “four sided buildings” where the back and sides
of each building shall be given architectural care comparable to the front side particularly if available for view by
the public. The Zoning Board of Appeals will review the following aspects of new buildings or proposed renovations:
1. Height and width proportions;
2. Bulk and general massing (footprint, shape, articulation or detail);
3. Major divisions or rhythms of the façade (height and width proportions, building lines, etc.). Buildings
shall be designed so that there are no blank walls or box–like structures without visual interest and
architectural merit;
4. Rhythm of openings (i.e. number of windows, spacing, window and doors relationships);
5. Roof treatments (slope, articulation, surface). Rooftop mechanical equipment shall be screened from
view by roof forms or other appropriate screening devices;
6. Materials, colors and textures of signage.
7. Setbacks in relation to neighboring properties.
8. For developments with multiple buildings, the Board of Appeals may require that contiguous buildings
have distinct but harmonious architectural elements.
6.7.8 Sanitary Sewer System. The proposed development shall be adequately served by public or private
wastewater collection and treatment systems.
1. Connections to the municipal sanitary sewer system may be allowed only if allowed by current
municipal and state regulations. The Board of Appeals may require elimination of infiltration and inflow (i
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ANNUAL TOWN MEETING APRIL 30, 2012
& i) in existing sewers to offset additional sanitary sewer flow in accordance with current municipal and
state policies for i & i offsets whichever is the more restrictive.
2. On-site sanitary sewer collection systems shall comply with requirements of the Planning Board’s
“Rules and Regulations Governing the Subdivision of Land”, with all regulations and standards of the
Water and Sewer Division of the Canton Department of Public Works, and with standard engineering
practice.
3. Wastewater Treatment and Disposal. The Board may require a report from the Board of Health
confirming that the proposed site development provides for wastewater treatment and or disposal in a
manner that is consistent with regulations of the Commonwealth of Massachusetts
6.7.9 Water Distribution and Fire Protection System. The proposed development shall be serviced by
municipal water system and shall provide adequate pressure and flow to meet demands for potable water and fire
protection.
1. Connections to the municipal water distribution system may be allowed only if allowed by current
municipal and state regulations.
2. The on-site water distribution system shall comply with requirements of the Planning Board’s “Rules
and Regulations Governing the Subdivision of Land”, with all regulations and standards of the Water and
Sewer Division of the Canton Department of Public Works, and with standard engineering practice.
3. Static pressure and fire flow shall comply with DEP Guidelines and Policies for Pubic Water Systems
(2001). Static pressure shall be 60 pounds per square inch (psi) desirable, 35 psi minimum. Fire flow
shall meet Insurance Services Office (ISO) fire flow guidelines while maintaining a residual pressure of 20
psi.
4. For sites accommodating buildings containing more than 25,000 sq.-ft., there shall be two points of
connection to the municipal water distribution system. Three full diameter gate valves shall be provided
at points of connection to the municipal water distribution system. Full diameter gate valves shall be
provided at each on site branch and at intervals not to exceed 1,000 feet on center.
6.7.10 Private Utilities. The proposed development shall be serviced by electrical distribution, telephone, cable,
and fire alarm systems and may be served by a natural gas distribution system. All electrical distribution,
telephone, cable, and fire alarm systems shall be installed underground
1. The on-site electrical distribution, telephone, cable, and fire alarm systems shall comply with
requirements of the Planning Board’s “Rules and Regulations Governing the Subdivision of Land”, with all
regulations and standards of the utility provider, with all applicable codes of agencies having jurisdiction,
and with standard engineering practice.
2. All cables shall be encased in conduits.
System components shall be shown on the site plan for coordination and shall be revised to reflect utility
provider modifications prior to construction.
3. All transformers shall be shown on the site plan and shall be located in visually unobtrusive locations
and shall be thoroughly screened by fencing and plantings
6.7.11 Site Security. There shall be a certification by the Fire and Police Chief that the
petitioner has provided a written plan for site security, which plan has been approved by
the Fire and Police Chief.
6.7.12 Fiscal Analysis. The proposed Development shall maintain a positive net fiscal position for the long term,
giving consideration to revenue estimates and actual growth in municipal service costs induced by the proposed
Development.
1. The applicant shall provide an analysis of fiscal costs from the development, including increases in
marginal costs, assessment of the capacity of existing municipal facilities to serve the new development,
and, by order of magnitude, share of capital costs if improvements are needed.
2. The applicant shall identify an order of magnitude estimate as to the extent to which this development
would generate the additional need for schools and affordable housing.
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ANNUAL TOWN MEETING APRIL 30, 2012
6.7.13. Exemptions. The following are exempt from these special permit and site plan approval standards:
1. Emergency Response. Emergency responses performed by a private entity or a public agency and fire
or burglar alarms.
2. Events. Parades, fairs or outdoor entertainment between the hours of 7:00 am
and 11:00 p.m. only provided that a permit for such activity has been granted by the Board of Selectmen
and that said permit is for not more than ten (10) days.
3. Religious Structures and Services. Religious services conducted by an organization which qualifies
under the laws of the commonwealth as a tax-exempt religious group.
6.7.14 Waiver of Standards. The Zoning Board of Appeals may, in the course of granting a special permit or
site plan approval for nonresidential development, waive any of these performance standards where such
waiver is not inconsistent with public health and safety, and where such waiver does not derogate from
the purposes of this section because the proposed development will adequately serve the goals and
objectives set forth herein.
Or take any other action in relation thereto.
Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 19 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Laws be amended by renumbering Section 6.3-6.6.14 with no
substantive change to the By-Laws therein.
PLANNING BOARD VOTE: 3-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to defer this article to the Planning
Board for discussion at the 2012 ATM. This is a housekeeping action to renumber the existing sections in the
Zoning By-laws and has no financial impact to the Town.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to support this Article as it only
corrects a numbering error in the re-codification and provides no substantive changes to the By-Laws.
APPROVED__________ DISAPPROVED__________
ARTICLE 20
AMEND ZONING BY-LAW BY ADDING “PRIORITY REVITALIZATION AREA C” TO SECTION 9.8 (CANTON
CENTER ECONOMIC OPPORTUNITY DISTRICT BYLAW)
Article 20 To see if the Town will vote to amend the Zoning Bylaws as follows, or to take any other action,
relative thereto:
By deleting Sections 9.8 and 9.8.1 and replacing them with new Sections 9.8 and 9.8.1 and adding the new
Sections 9.8 and 9.8.1 a new Section 9.8.34.
9.8 Canton Center Economic Opportunity District By-law (CCEOD)
9.8.1 Subdistricts. The CCEOD is divided into three separate and distinct subdistricts of Canton Center as follows:
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
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ANNUAL TOWN MEETING APRIL 30, 2012
'Industrial" that runs along Pequit Street in the vicinity of Washington Street, to the Northern border of the
district.
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.
Priority Revitalization Area "C": That area of Canton Center that runs along Revere Street from the
boundary of the CCEOD Revitalization Area "A" to the intersection of the railroad bridge/tracks and Revere
Street, a distance of approximately 2,500 linear feet.
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.
Priority Revitalization Area "C" is shown on a map entitled "Canton Center Economic Opportunity District (Priority
Revitalization Area "C") prepared by the Canton Planning Departmental dated December 14, 2007.
The maps described immediately above are hereby incorporated by reference in this Section 9.8. Section 9.8 is
hereby further amended by adding the following New Section:
9.8.34 Priority Revitalization Area "C"
The benefits described in this Section 9.8.34 shall apply only to those parcels located entirely within the boundary
of the Priority Revitalization Area "C".
Priority Revitalization Area "C" is established for the accomplishment of the following purposes:
A. To promote the economic health and stability of the Town by encouraging development and economic
investment in Canton.
B. 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, including:
• Development of parks and open spaces on Common Open Land as a condition for the grant of a
special permit pursuant to this Section 9.8.34 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 9.8.34, These parks and open spaces may be open
to the general public as designated in the approved site plan.
• Protection, enhancement, and adaptive reuse of historical significant buildings as agreed to by
the applicant in coordination with the Canton Historical Commission and the State Historical
Commission.
• Protection and enhancement of the natural environment, including rivers, waterways, and wildlife
corridors as required by the Canton Conservation Commission, DEP and NHP. The revitalization
plan must be sensitively designed and constructed to avoid the disruption of wildlife.
• Provide public access and walking trails along waterways, connections to the MBTA train stations
and to Canton Center.
• Protection of scenic vistas with advice and input from the Canton Trails Commission.
C. To encourage mixed-use development, including but not limited to, offices, retail shops, and multi-family
housing. No more than forty percent (40%) of the non-residential uses can be office. Mixed use development
includes:
Small-scale village-oriented development in accordance with prescribed review and approval procedures
and according to design standards that are particular to the CCEOD Residential Area "C".
• Multi-family and/or Town houses, including but not limited to housing for individuals fifty-five
(55) years of age or older pursuant to Massachusetts General Laws c. 151B,
• Low and/or moderate income housing available to families with incomes at or below eighty
percent (80%) of the Area Median Income as defined by the United States Department of
Housing and Urban Development.
• Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted
Living and Skilled Nursing Facilities), and ancillary facilities and amenities.
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ANNUAL TOWN MEETING APRIL 30, 2012
• Museums, farmers markets, and cultural establishments, small business incubator space, artist
studios and galleries, open space and river access, community gathering space, indoor and
outdoor performance space.
• Office, scientific or research laboratory and research and development uses.
• Small scale retail sales and service establishments and restaurants serving primarily the mixed-
use development.
D. To permit the use of new development standards which will promote the desired changes in and near
Canton Center, for example:
• To encourage a mix of commercial and residential uses that help to contain traffic within the
revitalization area and by so doing limit impacts to residential portions of the community.
• To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site
Development and Use Plans" in the granting of a special permit.
• To create regulatory procedures for determining appropriate locations for uses defined herein.
• To provide for development in a manner that strives to create a harmony between residential and
non-residential neighborhoods, protects existing abutting neighborhoods, and minimizes the
development impact on nearby neighborhoods, while striving to conserve and enhance
environmental features, woodlands, wet areas, the Canton River, open spaces and areas of scenic
views, beauty, and vistas such as, for example, the Viaduct.
E. Master Plan and Report and Special Permit Findings
In addition to the requirements of Section 10.4 of the Zoning Bylaw for submission of a special permit application,
the applicant will prepare Master Plan and Impact Plan and Report addressing the environmental issues, including
without limitation water quality, pollution of groundwater, damage, or threat to wetlands, flood plains, and plants
and animals and the municipal impacts associated with the Project.
The applicant will prepare a Site Plan in conformity with the SPGA rules governing special permits.
In addition to the specific criteria contained within this section, 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. That the proposed project will be in harmony with the general purpose of the Zoning Bylaw and the
requirements of this Section 9.8.34, General Laws, Chapter 40A, and the long range Open Space Plan of the
town; that it will not have a detrimental impact on the neighborhood, will be designed with due consideration
for health and safety, preserving open space, minimizing environmental disruption, or allowing for more
efficient provision of services and traffic circulation.
2. That the project itself does not have unmitigated adverse impact upon critical environmental areas such as:
2.1. Land abutting rivers, brooks and/or ponds of significant public interest, which enhances or protects
wetlands or flood plains, or which provide public access to the water body, or which enhance or provide
scenic vistas or views, or which provide water-related recreation opportunities;
2.2. Land which provides a significant wildlife habitat or which is a unique natural area; and
2.3. Groundwater Protection District and/or land which provides recharge to Canton's current or future wells
and highly favored aquifer areas;
3. That the "Common Open Land" and other open land protect critical environmental areas and provides a
valuable outdoor recreation resource, such as:
3.1 Common Open Land or open land which is to be developed for active or passive recreational uses;
3.2 Land which preserves existing trail networks or land on which new trails will be
developed for integration into existing and proposed trail networks;
3.3 Land which enhances scenic views; or
3.4 Land providing desirable public access to existing or proposed recreational or
conservation land.
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ANNUAL TOWN MEETING APRIL 30, 2012
4. That land is to be conveyed to, or restricted for the benefit of the public that:
4.1. Enhances or protects critical environmental areas, unique natural features, scenic vistas, or potential
open space.
4.2. Provides a valuable addition to the open space resources of the Town.
4.3. Provides for a more efficient use of the land in harmony with its natural features.
4.4. Provides for creativity in the design of developments through a carefully controlled process
4.5. Provides a less sprawling form of development, a shorter network of streets and utilities and more
economic development of land with less consumption of open space.
4.6. Permanently preserves natural topography and wooded areas within development areas and preserves
useable open space close to homes.
4.7. Provides an efficient procedure to ensure appropriate high quality design and site planning to enhance
the neighborhoods in which they occur and to the Town as a whole.
5. That the design or redesign of buildings shall acknowledge and respect the surrounding existing pattern of
development, open space, and natural resources, such as, for example, the Canton River and the Viaduct,
including without limitation:
5.1. Promoting the thoughtful design or redesign of buildings.
5.2. Enhancing the open space between existing and proposed buildings.
5.3. Promoting the visual and functional quality of Canton Center.
5.4. Promoting bicycles and pedestrian trails.
5.5. Providing pedestrian links to Canton Center and the existing MBTA train stations (Canton Junction and
Canton Center).
6. That the Project protects or enhances the adaptive reuse of historically significant buildings as agreed to by the
applicant in consultation with the Canton Historical Commission and/or the State Historical Commission.
9.8.34 Definitions
For the purposes of Section 9.8.34, the following words and phrases shall have the meaning hereinafter indicated:
Applicant: The person or persons, including without limitation a corporation or other legal entity, who applies
for issuance of a special permit for construction of a CCEOD Revitalization Area "C" project, hereunder.
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 9.8.34 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.
Buildable Lot Area: Buildable Lot Area excludes any land defined as a Resource Area below
Buildable Lot: A "Buildable Lot" shall be a single continuous tract of land including at least the minimum
amount of Buildable Lot Area required herein and located entirely within the Development Parcel and CCEOD
Priority Revitalization Area “C”.
Common Open Land: Any 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 public use.
Community Center: A building that provides a gathering place for all residents of the development and
citizens of the town to meet. There should be a meeting space and rooms for different activities.
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ANNUAL TOWN MEETING APRIL 30, 2012
Development Parcel: One or more Lots within the CCEOD Priority Revitalization Area “C" which 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" for the purposes of this Section 9.8.34.
Development Schedule: A schedule showing the order and timing of construction and the sequence of the
improvements to be built or finished in the CCEOD Priority Revitalization Area "C" site, separated into stages
where applicable.
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space and spaces used
for heating and utilities, storage and/or automobile parking.
Lot: A "Lot" shall be a single continuous tract of land located entirely within the Development Parcel and
CCEOD Priority Revitalization Area “C”.
Low and/or Moderate Income Housing: Housing available to families with incomes at or below eighty
percent (80%) of the Area Median Income as defined by the United States Department of Housing and Urban
Development.
Mixed-Use Development: A development that contains both residential and non-residential development.
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, commercial or mixed-use development seeking a special permit under this Section
9.8.34 and identified on a Site Development and Use Plan.
Regulations: The applicable rules and regulations of the Board of Appeals relative to Special Permits. The
Zoning Board of Appeals, as the Special Permit Granting Authority is authorized to modify and/or waive any of
the requirements described in this section with the exception of those relative to use and dimensions upon
making a finding that such waiver shall better serve the purposes of this Section 9.8.34.
Research & Development: A company that conducts research and development.
Resource Area: All land subject to jurisdiction under 310 CMR 10.02(1)(a) and (b).
Revere Street Sub-Area: Assessors Map 26 Lot 111 of Priority Revitalization Area “C”.
Small-Scale Retail: Retail stores with a gross floor area of 10,000 sqft or less.
Upland Acres: Land area without a '' Resource Area''.
All items not defined herein shall have the meanings ascribed to them elsewhere in the Zoning Bylaws.
9.8.36 Scope of Authority
The provisions of Section 9.8.34 shall not restrict the owner's rights relative to the underlying zoning districts.
However, if the owner elects to apply for a special permit under Revitalization Area "C', the development shall
conform to the requirements of any special permit issued pursuant to Section 9.8.34.
If the landowner elects to "use" a development plan in conformance with the requirements of the CCEOD
Revitalization Area "C" on a portion of a single contiguous tract of land the entire contiguous tract of land shall
conform to the objectives, standards, and criteria specified by this Section 9.8.34 and the landowner shall be
prohibited from filing a development plan in conformance with the requirements of the underlying zoning district on
any portion of such a contiguous tract of land.
9.8.37 Special Permit Granting Authority
The Zoning Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes
under Sections 9.8.34, 9.8.35 and 9.8.36. All special permit applications shall conform to the standards and criteria
of this Section 9.8.34 and the Zoning Board of Appeals Rules and Regulations governing the administration of
applications for special permits.
Under Section 9.8.34, 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 Site Development and Use Plan that
bears the endorsement of approval by the Board of Appeals. Requirements and Procedures for approval shall be in
accordance with Sec. 6.6 (“Performance Standards”).
Construction or operations under a building permit or a special permit shall conform to any subsequent amendment
of the Zoning By-law, unless the use or construction is commenced within a period of not less than two (2) years
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ANNUAL TOWN MEETING APRIL 30, 2012
after the issuance of the permit and such construction is continued through to completion as continuously and
expeditiously as is reasonable.
The SPGA may require issuance of a bond as a guarantee for the open space and recreation improvements required
by the approved "Site Development and Use Plan".
9.8.38 Objectives
In addition to the specific criteria contained within this section, the SPGA shall issue a special permit for
development within Revitalization Area "C" only after consideration of the project's compliance with the following
additional criteria:
A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with
adjacent or proximate open space areas;
C. Suitability of the site for the proposed use(s);
D. Impact on traffic and pedestrian flow and safety;
E .Impact on the visual character of the neighborhood; and
F. Adequacy of utilities, including sewage disposal, water supply and storm water drainage.
9.8.39 Uses Permitted
Within Priority Revitalization Area “C”, the SPGA may issue a special permit for the following uses:
A. Residential Condominium Units
1. At least twelve (12) percent of the total residential units must be Low and/or Moderate Income Housing.
These units must representative of the proportion of one, two & three bedroom units of the entire
development. These units do not need to be equal in square footage to the non-restricted units.
2. Multi-family Houses and or Town Houses and ancillary facilities and amenities.
3. Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted Living and skilled
Nursing Facilities), and ancillary facilities and amenities.
4. To the extent at least twenty present (20%) of the total residential units in a Development Project are
restricted to individuals fifty-five (55) years of age or older pursuant to MGL Chapter 151B, the density for the
uses in the development may be increased by up to 16% from that otherwise permitted in this By Law.
B. Non-Residential Uses shall include, but not necessarily be limited to the
following:
1. Small-scale retail stores as defined in 9.8.35 Definitions.
2. Offices including salesrooms and showrooms, consumer service establishments, business and professional
offices, executive and administrative offices, banks and other institutions.
3. Professional office as defined in 9.8.35 Definitions.
4. A restaurant with the conditions that any bar or cocktail lounge be located within the restaurant and shall be
solely for the purpose of servicing luncheon or dinner customers; and not to compromise more than twenty-
five percent (25%) of the floor area of the restaurant.
5. Bank or similar financial institution, including drive-through facilities.
6. Research & Development as defined in 9.8.35 Definitions
7. Accessory structured (whether at, below or above grade) surface parking.
C. The following uses are specifically excluded:
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ANNUAL TOWN MEETING APRIL 30, 2012
1. Fast food establishments as defined in Section 11.0 (“Definitions”) of the Canton Zoning By-laws
2. Drive-through for the sale of food. Any other drive-through, with the exception of banks and financial
institutions noted above, shall require a separate special permit from the Zoning Board in addition to the
special permit for the CCEOD Revitalization Area "C".
D. There shall be no deliveries or shipments between 10 pm and 7:00 a.m. Monday through Friday. There shall
be no deliveries or shipments between 10 pm and 8:00 a.m. on weekends.
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.
9.8.40 Standards and Criteria
A Minimum Development Size
1. Lot Requirements
1.1. The minimum Lot must contain at least 10,000 sq. ft. of Buildable Lot Area
1.2. No portion of a public way or public street, as defined by the by-law may be included in computing the
minimum required Buildable Lot Area
2. Development Parcel Requirements
2.1. The minimum Development Parcel size is twenty-five (25) acres of Buildable Lot Area
2.2. No portion of a public way or public street, as defined by the by-law may be included in computing the
minimum required Buildable Lot Area
B. Building Coverage
1. Buildable Lot Requirements
No building shall be constructed so as to cover, together with any other building on the Lot, more
than thirty (30) percent of the Buildable Lot Area.
2. Development Parcel Requirements
No building shall be constructed so as to cover, together with any other building on the Development
Parcel, more than thirty (30) percent of the Buildable Lot Area.
C. Minimum Frontage and Access
1. Buildable Lot Requirements
1.1. Each Lot shall have at least one means of ingress/egress.
1.2. The Zoning Board of Appeals may in its discretion require more than one means of ingress/egress where
the Board of Appeals deems it necessary for the safety of the public and/or the residents of the property.
2. Development Parcel Requirements
2.1. Each Development Parcel shall have a minimum frontage on a street of two hundred and fitly (250) feet
and at least two means of ingress/egress.
2.2. Each means of ingress/egress shall have a continuous frontage of not less than forty (40) feet
9.8.41 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. Further,
the intent of the allowable densities in this Section 9.8.41 is to provide flexibility for Projects. The specified
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ANNUAL TOWN MEETING APRIL 30, 2012
densities are maximums for each individual type of use as if only that use is being proposed. Where a project
includes a mix of uses, the maximum specified densities cannot be aggregated.
A. Residential Uses
Maximum permissible densities are as follows:
Multi-family housing and ancillary facilities and amenities:
One dwelling per 2,600 square feet of Buildable Lot Area or portion thereof, except in the Revere Street Sub-
Area where the maximum permissible density shall be 1 dwelling unit per 3,500 square feet of Buildable Lot Area
or portion thereof.
Multi-family housing and ancillary facilities and amenities, limited to housing for individuals fifty-five (55) years of
age or older pursuant to Massachusetts General Laws c. 151B.
One dwelling per 2,600 square feet of Buildable Lot Area or portion thereof, except in the Revere Street Sub-
Area where the maximum permissible density shall be 1 dwelling unit per 3,500 square feet of Buildable Lot Area
or portion thereof.
Senior Housing including Independent Living Facilities, Institutional Living Facilities (Assisted Living and Skilled
Nursing Facilities), and ancillary facilities and amenities,
One unit per 2,600 square feet of Buildable Lot Area or portion thereof, except in the Revere Street Sub-Area
where the maximum permissible density shall be 1 dwelling unit per 3,500 square feet of Buildable Lot Area or
portion thereof.
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand (2,000) gross square feet-of non-residential floor area per 10,000 square feet, of Buildable Lot Area
or portion thereof.
For the purpose of this section, "gross square feet of non-residential floor area" means the total non-residential
floor area contained within exterior walls but does not include basement space used for heating and utilities or
other mechanical uses for the building, storage or for automobile parking.
9.8.42 Setbacks and Yard Regulations for Buildings
No building shall be constructed so as to be nearer to the any lot line as specified below:
A. Development Parcel
1. Each Development Parcel shall have a front yard setback distance of not less than twenty-five (25) feet and a
side yard setback of not less than fifteen (15) feet from the nearest point of any exterior wall of a building,
except that if the side yard abuts a residential district or a building used primarily for residential purpose, a
side yard setback of not less than twenty-five (25) feet from the nearest point of any exterior wall of the
building is required..
2. Each development parcel shall have a rear yard setback of not less than twenty-five (25) feet.
B. Buildable Lot
1. Each Lot shall have a setback distance of not less than fifteen (15) feet from the nearest point of any exterior
wall of the building to any non-permeable surface including but not limited to public ways or private ways, but
excluding driveways, walkways, or parking areas. No part of any building shall be located less than fifteen (15)
feet from any front, side or rear lot line.
a. The SPGA may reduce the setback distance where appropriate because of specific physical
circumstances, such as irregular lot lines or other natural features that create open space or
buffers.
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ANNUAL TOWN MEETING APRIL 30, 2012
b. No storage or display of goods, products, materials or equipment, vending machines or similar
commercial devices shall be within the required front or side yard setback.
c. 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.
9.8.43 Height Regulations
No building shall be constructed to exceed forty feet (40') in height or a total of three (3) stories, whichever is
lower. However, if the underlying zone is Industrial the SPGA may allow additional height with a greater setback at
its discretion but in no event shall Building Height exceed fifty feet (50’) or four (4) stories.
Building height shall be measured as set forth in the State Building Code 780 CMR 5101 et seq.
9.8.44 Common Open Land, Town Park and Community Building
Town Park:
Each development shall have a minimum of thirty percent (30%) of its Buildable Lot Area designated as Common
Open Land for use by the general public. Such area(s) shall have a shape, dimension, character and location
suitable to assure its use for park or open space purposes by the general public. Twenty percent (20%) of the land
shall be considered as a Town Park. The park will have walkways connecting it to both the development as well as
the downtown. There will also be 'public parking' allocated for the park. The minimum size of the park will be
80,000 sqft
No land to be included as part of the calculation of Common Open Land, shall be a parcel less than 200 square feet
in size.
Transition Area:
A "Transition Area" of fifteen (15) feet or a screen wall of adequate height shall be provided at the perimeter of the
Development Parcel. The applicant shall file a landscape plan, prepared by a Massachusetts Registered Landscape
Architect that demonstrates in the opinion of the Zoning Board of Appeals sufficient plantings to provide adequate
screening. Buildable Lot Areas or portions thereof that are also designated as Transition Areas shall be included in
the calculation of "Common Open Land".
The SPGA may reduce the width of the required "Transition Area" and modify other landscape requirements where
the applicant demonstrates 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.
Community Center:
As part of a Site Development and Use Plan, there shall a Community Center for use by the occupants of the
development and be open to the public. The size of the community center is directly linked to the number of
bedrooms/units in the development. The community center shall be 25 square feet for every bedroom that is built,
but not to exceed 15,000 sqft
9.8.45 Parking and Loading Requirements
In Priority Revitalization Area "C', 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 Senior Housing units
which require 1 parking space per unit.
B. For restaurants and other on premises eating and drinking establishments, not less than 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 Zoning Board of Appeals to require additional
parking space. Where benches are used, not less than one (1) parking space for each six (6) feet
of bench, subject to the discretion of the Zoning Board of Appeals to require additional parking
space.
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 parking space for each two
hundred fifty (250) square feet of gross floor area. For the purpose of this section, "gross floor
area" means the total floor area contained within exterior walls, but does not include basement
space used for heating and utilities or other mechanical equipment, storage or for automobile
parking.
D. Uses not listed in this Section 9.8.45 Parking Requirements, Subsections (A), (B) and (C) shall
comply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street Parking.
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ANNUAL TOWN MEETING APRIL 30, 2012
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. Parking spaces for one use shall not be considered as providing the required parking
spaces for any other use unless it can be clearly demonstrated to the Zoning Board of Appeals
that the need for parking occurs at different times.
F. Whenever, after the date of adoption of this By-law, there is a change in the lawful use of the
premises or in any unit of measurement specified in Section 9.8.34 CCEOD Revitalization Area
"C", which change separately or when combined with previous changes, creates a need for an
increase or decrease of more than ten percent (10%) of the number of off-street parking spaces
as determined by the provisions of this section, more off-street parking spaces shall, and fewer
spaces may, respectively be provided within six months of the basis of the adjusted needs.
G. 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 under
common ownership or control a substantial portion of which must be within three hundred (300)
feet of the generator.
H. 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 6.6
(“Performance Standards”) Design Standards shall be considered the minimum criteria for
evaluating such design.
I. 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 6.6
Loading Areas shall be considered the minimum criteria for evaluating such design.
J. There shall be no deliveries or shipments to non-residential uses between 10:00 p.m. and 7:00
a.m. Monday through Sunday or between 10:00 p.m. and 8:00 a.m. Saturday and Sunday.
9.8.46 Signs and Advertising Devices
The provisions of Section 4.1 Signs and Advertising devices is hereby adopted for the regulation and restriction of
billboards, signs and other advertising devices within the Canton Center Economic Opportunity District
Revitalization Area "C".
9.8.47 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 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).
9.8.48 Affordable Units
As a condition for the grant of a special permit pursuant to this Section 5.63 authorizing an increase in the
otherwise permissible density in a proposed residential development pursuant to the requirements of this Section
5.63, at least twelve (12%) of the dwelling units shall be deed restricted in perpetuity for occupancy by families
with incomes at or below eighty percent (80%) of the Area Median Income as defined by the United States
Department of Housing and Urban Development.
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
9.8.49 Preference
As a condition of approval, the SPGA shall require that to the maximum extent allowable under applicable law,
Canton residents be given first preference in the purchase of affordable units. The fees for all services will be
negotiated between the Authority and the Developer, within the CCEOD Development.
9.8.50 Canton Housing Authority
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ANNUAL TOWN MEETING APRIL 30, 2012
For those housing units specified as affordable, the SPGA shall require that, to the maximum extent allowable
under applicable law, the owner of a CCEOD Development will work with the Canton Housing Authority so that
otherwise qualified families on the Housing Authority's waiting list are given an opportunity to rent or buy a vacant
unit.
Petition by for Paul Schneiders and thirteen others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 20 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0-1
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 20 be indefinitely postponed.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: The majority of the Finance Committee recommends that this article
be indefinitely postponed. The Finance Committee was concerned about the proposed changes to this by-law. The
sponsor of the article was in the process of negotiating a covenant with the Town that would guarantee certain
conditions and safeguards for the use of their client's property. This agreement or covenant was not completed by
the time the Finance Committee had to take their vote. Thus the financial impact of the changes this article
proposes could not be determined. This article modifies a by-law overlay district, granting rights and permissions
to all properties within the overlay district. The Finance Committee is also concerned that any covenant agreement
reached between the sponsor and the Town would only apply to the property owned by the sponsor’s client, and
not all properties within the overlay district. It was the understanding at the time of the Finance Committee’s vote
that the Planning Board had voted to recommend indefinitely postponing any action on this article.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to indefinitely postpone this
Article based upon its high residential density.
APPROVED__________ DISAPPROVED__________
ARTICLE 21
AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE STREET AND NEPONSET STREET
Article 21 To see if the Town will vote to amend the Town’s 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 21 of this Town Meeting warrant or take any other
action in relation thereto.
Said parcels of land are described in the Board of Assessors’ Maps as Map 26, Lots 94, 95, 96, 97, 98, 99, 100,
101, 102, 103, 104, 105, 87, 88, 89, 90, 91, 92, 93, 222 and 111; and as Map 14, Lots 120, 121, 122, 123, 124,
125, 126, 127, 128, 129, 130, 131, and 132; and as Map 15, Lots 80, 8, 82, 83, 84, 85 and 86.
Said parcels are shown on a map, copies of which are attached hereto and have been placed on file and
are available for public review at the office of the Planning Board, at the office of the Town Clerk, and at the office
of the Board of Selectmen in Memorial Hall, at the research desk of the Canton Public Library and on the town web
site.
Petition by for Paul Schneiders and 14 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 21 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0-1
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 21 be indefinitely postponed.
PLANNING BOARD VOTE: 4-0-0
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ANNUAL TOWN MEETING APRIL 30, 2012
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to postpone this article
indefinitely. The Planning Board also voted to postpone this article indefinitely by a vote of 4-0-0.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to indefinitely postpone this
Article based upon the large number of residences and lack of specificity of a plan for the property.
APPROVED__________ DISAPPROVED__________
ARTICLE 22
AMEND RETAIL USE BY-LAW
Article 22 To see if the town will vote to amend Section G (“Retail Uses”) of the Table of Use Regulations of the
Canton Zoning By-laws by adding the phrase “unless additional storage is allowed by special Permit” after the
phrase “Showroom for building supplies (Including plumbing, heating and ventilation equipment), with storage
limited to floor samples only” and also after the phrase “Wholesale office or showroom with storage limited to floor
samples only” or take any other action in relation thereto.
Petition by for Paul Schneiders and 9 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 22 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 8-1-0
PLANNING BOARD MOTION:
MOVED: That Section G (“Retail Uses”) of the Table of Use Regulations of the Canton Zoning By-
laws be amended by adding the phrase “unless additional storage is allowed by Special Permit granted
by the Zoning Board of Appeals” after the phrase “Showroom for building supplies (Including
plumbing, heating and ventilation equipment), with storage limited to floor samples only” and also
after the phrase “Wholesale office or showroom with storage limited to floor samples only”.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: While deferring to the Planning Board, the Finance Committee
unanimously supports Article 22. This Article would allow retailers to acquire a Special Permit from the Zoning
Board to allow them to store and sell items that they have in their showroom. The current zoning by-law for
showrooms in a business district restricts storage to "floor samples only." This inhibits sales to customers who
visit the showroom even though the showroom is located in a business district which specifically allows retails
sales. The Finance Committee believes that this restriction has prevented several businesses from locating in
Canton. The Planning Board also unanimously supports this Article.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to support this Article as it
gives the Zoning Board of Appeals broad discretion to allow or disallow additional storage, beyond floor samples, at
a retail location in a business district.
APPROVED__________DISAPPROVED__________
ARTICLE 23
AMEND ZONING BY-LAW SEC. 9.0 SPECIAL DISTRICTS BY ADDING “SENIOR ASSISTED LIVING
OVERLAY DISTRICT”(THOSE BOTH 55 YEARS OF AGE OR OLDER AND REQUIRING OR DESIRING
ASSISTANCE WITH BASIC ACTIVITIES OF DAILY LIVING)
Article 23 To see if the Town will vote to amend Section 9.0: special Districts, of the Canton Zoning By-laws as
most recently amended, by adding provisions which will define and regulate a new residential classification of
housing especially designed to meet the needs and serve the interests of those persons who have both reached the
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ANNUAL TOWN MEETING APRIL 30, 2012
age of fifty five or more and who require or desire assistance with basic activities of daily living or more structured
personal support services as they become needed by inserting into Section 2.2 Overlay and Special Districts, a new
“senior assisted living overlay district “in substantially the form contained in the document entitled “Senior Assisted
Living Overlay District, Proposed Amendment to the Zoning By-Law” copies of which are on file in the office of the
Board of Selectmen and the office of the Town Clerk at Memorial Hall, in the office of the Planning Board in the
(former) Eliot School Building and at the Research Desk at the Canton Public Library, or to take any other action in
relation thereto.
9.7 SENIOR ASSISTED LIVING OVERLAY DISTRICT (SALOD)
9.7.1 Purpose. It is expected that the number of Americans aged sixty five (65) and over will more than double
over the next forty years. The United States Census Bureau projects that this age group will increase from
approximately 40.2 million Americans in 2010 to a level of 88.5 million in 2050. This aging of the population will
have a wide range of effects in the areas of medical care, housing patterns and community structure. The purpose
of the Senior Assisted Living Overlay District (SALOD) is to:
1. Provide dwellings for occupancy by individuals not less than fifty five (55) years of age;
2. To increase housing options for those older residents who may require or desire assistance
with basic activities of daily living or more structured personal and support services as they
become needed while still allowing those residents to maintain their independence and remain a
part of the community; and
3. To provide for residential development in a manner that conserves environmental features,
woodlands, wet areas, open space, areas of scenic beauty, views and vistas.
9.7.2 Overlay District: Applicability. The SALOD is an overlay zoning district. The benefits of the Senior Assisted
Living Overlay District Development (SALODD) shall accrue only to those parcels located entirely within the
boundaries of the SALOD. If the landowner selects to file a development plan in conformance with the
requirements of the SALOD, the development shall conform to the objectives, standards and criteria specified by
the SALOD. If the landowner selects to file a development plan in conformance with the requirements of the
underlying zoning district, the development shall conform to the objectives, standards and criteria specified by the
underlying zoning by-law.
9.7.3 Location. The location of a SALOD shall include all land designated by Town Meeting as being within the
SALOD, pursuant to G.L. c.40A, s.5.
9.7.4. Occupancy. The occupancy of a SALOD shall be by residents both 55 years of age or older, pursuant to
G.L. c. 151 B, and requiring or desiring assistance with basic activities of daily living and more structured personal
and support services as they become needed.
9.7.5 Definitions. See Section 11, “Senior Assisted Living Overlay District”
9.7.6 Use Restrictions or Requirements. A SALOD, consisting of the multifamily uses set forth below,
individually or in combination, may be authorized by a special permit issued by the Planning Board pursuant to this
section and in compliance with the standards set forth herein.
1. Townhouse Style Structures consisting of dwelling units occupied by persons both 55 years of age or
older and requiring or desiring assistance with basic activities of daily living and more structured personal
and support services as they become needed, with such structures to be designed having each dwelling
unit placed side by side. Townhouse Style Structure shall contain no less than two (2) units.
2. Apartment style Structures which contain dwelling units occupied by persons both 55 years of age or
older and requiring or desiring assistance with basic activities of daily living and more structured personal
and support services as they become needed, with such structures designed to have dwelling units placed
one above another (stacked). Apartment Style Structures shall contain no more than eight (8) units.
3. Structures and uses accessory to the Senior Assisted living use set forth above including: Community
building serving the residents of the SALOD; underground utilities located on a lot not serving the
dwelling, recreational and continuing care facilities; and roadways.
9.7.7 Application. An application for a special permit for construction of a SALOD shall be submitted to the
Planning Board on forms furnished by the Planning Board, accompanied by the filing fee, the following information
and data, and a development plan as described below.
1. All of the information required for the site plan approval, if applicable;
2. The name and address of the Applicant(s) and all legal and beneficial owners of the site. Copies
of all instruments, options, contracts or encumbrances affecting ownership of the development
site. An instrument executed by all persons owning property within the site consenting to the
development of the subject property, as applied for.
3. A proposed development schedule showing the beginning of construction, the rate of construction
and development, including stages, if applicable, and the estimated date of completion.
4. A narrative Design Review report prepared by qualified professionals, detailing the impact of the
development on the Town’s capacity to furnish services including, but not limited to, roads, water
and sanitation.
5. Information regarding the number and kind of dwelling units and other structures (including
signs) proposed, their location, the number of bedrooms planned, the sales, rental or service
prices anticipated and population projections pertaining thereto.
6. Areas to be set aside for building structures, parking areas and conservation and recreation
easements.
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ANNUAL TOWN MEETING APRIL 30, 2012
7. Information pertaining to condominium organization (if any).
8. Copies of all proposed deed restrictions or other instruments to ensure occupancy by persons
both 55 years of age or older and requiring or desiring assistance with basic activities of daily
living and more structured personal and support services as they become needed.
9. Any and all other information that the Planning Board may reasonably require in a form
acceptable to it to assist in determining whether the Applicant’s proposed development plan
meets the objectives of this section.
9.7.8 Qualifying Land Area. Qualifying land Areas shall be in one ownership with definitive boundaries, shall be
located within a SALOD and shall contain at least ten (10) contiguous acres of land. No more that fifteen percent
(15%) of a Qualifying Land Area shall be Wetlands.
9.7.9 Density. Not more than one dwelling unit shall be constructed for each 5,000 square feet of Qualifying Land
Area or a portion thereof in a SALOD.
9.7.10 Open Space Requirement. At least thirty (30%) of the SALOD site shall be in open space. The open
space shall have a shape suitable to assure its use for landscaping and /or open space purposes.
9.7.11 Buffer Area. The Planning Board may require Buffer Areas at specific locations along the perimeter of the
SH/ALOD. Vegetation in this buffer shall be enhanced as necessary to provide a visual barrier. Buffer areas shall be
included in calculating the Open Space requirement of this by- law.
9.7.12 Minimum Lot Frontages. SALODD sites shall have a minimum frontage of one hundred and twenty (120)
feet and at least one means of ingress/egress provided by a primary public roadway.
9.7.13 Ingress and Egress. Each means of ingress/egress shall have a continuous frontage of sixty feet on a
primary roadway. The Planning Board has the discretion to require more than one means of access/egress to the
extent that the proposed primary public road exceeds 1000 feet in length, in accordance with the Canton
Subdivision Rules and Regulations. The primary public roadway(s) serving the site shall be subject to the rules and
regulations of the Canton Planning Board governing the Subdivision of Land, the Canton Department of Public
Works regulations regarding water, sewer and storm drainage systems and any other applicable regulation and/or
standards of the Town.
1. The secondary private roadway(s) serving the site shall be sized to adequately serve the intended
vehicular and pedestrian traffic. The secondary private roadway(s) shall strive to conform to the Rules and
Regulations of the Canton Planning Board governing the subdivision of Land, the Canton Department of
Public Works regulations regarding water, sewer and storm drainage systems, and any other applicable
regulation and/or standards of the Town.
2. The secondary private roadways shall be maintained by an association of unit owners or by the
applicant. Paths for the use of residents shall be attractively designed with proper regard for convenience,
separation of vehicular, bicycle and pedestrian traffic and access to the amenities and facilities on the site
and to paths on adjacent sites.
9.7.14 Parking. There shall be a minimum of .33 parking spaces for each sleeping room for single or double
occupancy and .50 parking spaces per employee of the SALODD. All required parking shall be shall be exclusively
reserved for motor vehicles of residents, employees of the Senior Assisted Living development and visitors.
9.7.15 Stormwater Management. The stormwater management system shall be designed in accordance with
the Subdivision Regulations and DEP’s Stormwater Management Guidelines and Regulations, as amended.
9.7.16 Utilities. All electric, gas, telephone, water distribution lines and other utilities shall be placed
underground.
9.7.17 Dwellings. The development of one or more townhouse-style and/or multifamily style structure on a lot or
lots shall be permitted in an application to construct a SALOD. Such dwellings may be situated on any common or
individual lot consistent with the overall design objectives of the SALOD, provided however, that such dwellings
shall be connected to the public sewer or shall comply with the provisions of the State Sanitary Code, 310CMR
15.00, any other applicable State regulations, and with the rules of the Board of Health.
9.7.18 Affordable Units. At least ten percent (10%) of the senior assisted living beds shall be leased at rents
affordable to eligible persons ages 55 and older and who may require or desire assistance with basic activities of
daily living or more structured personal and support services as they become needed and earning not more than
eighty percent of the area median family income as defined by the Commonwealth’s Department of Housing and
Community Development. Such affordable dwelling beds shall be integrated into the overall development so as to
prevent the physical segregation of such beds and otherwise be indistinguishable from market rate beds.
Preference. As a condition of approval, the Planning Board shall require that Canton residents be given first
preference in the leasing of these affordable beds within the SALOD and shall be for at least one year from the
issuance of the first certificate of occupancy for any residential building within the SALOD.
9.7.19 Building Height. No building or structure shall be constructed to exceed thirty-five (35’) feet or three
stories, whichever is lower.
9.7.20 Setbacks. 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 sideline 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:
Required setback distance 30’
Required side yard depth 30’
Required rear yard depth 30’
9.7.21 Fees. The filing fee for a special pursuant to this Section shall be $1,000. The Planning Board shall also
charge the applicant to a technical review fee, pursuant to G.L.c.44,s.53G. Such technical review fee shall be used
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ANNUAL TOWN MEETING APRIL 30, 2012
to engage professional, technical and/or legal consultants to review an application for a special permit within the
SALOD. The initial deposit of such fee shall be $10,000.00
9.7.22 Decision. The Planning Board may grant a special permit for a SALODD where it makes the following
findings:
1. The proposed development complies with the requirements of this section;
2. The proposed development does not cause substantial detriment to the neighborhood after considering
the following potential consequences:
a. noise, during the construction and operational phases;
b. pedestrian and vehicular traffic;
c. environmental harm;
d. visual impact caused by the character and scale of the proposed structure(s)
or to take any other action in relation thereto.
Petition by for Anthony E. Berardi and 47 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 23 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 23 be indefinitely postponed.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to defer this article to the Planning
Board for discussion at the 2012 ATM. The Finance Committee did not believe there was a need for the proposed
Senior Assisted Overlay District, being that the Town already has a Village Housing Overlay District that is similar
to the Senior Assisted Overlay District being proposed. At the time the vote was taken, the Finance Committee
believed that this Article may be in the process of being withdrawn.
PLANNING BOARD DISCUSSION: The Planning Board voted unanimously to send an unfavorable
recommendation regarding this Article. The Planning Board determined that there was no need for a new Zoning
Overlay District.
APPROVED__________ DISAPPROVED__________
ARTICLE 24
AMEND ZONING MAP, INCLUDE AREA IN SENIOR ASSISTED LIVING OVERLAY DISTRICT
Article 24 To see if the Town will vote to amend the zoning map, as most recently amended, by placing a
portion of land consisting of not less than ten (10) contiguous acres of land fronting along Walpole Street owned by
Knollwood Cemetery and with not less than one hundred and twenty (120) feet of frontage along Walpole Street in
the Senior Assisted Living Overlay District (Sec. 9.7) amended by vote under Article 23 of this Town Meeting
warrant or take any other action in relation thereto. Said portion of the land is described as not less than ten
contiguous acres of land within a larger parcel of approximately 99.7 acres of land and described in the Board of
Assessors’ Maps as Map 4, Lot 4.
Said parcels are shown on a map, copies of which are attached hereto and have been placed on file and are
available for public review at the office of the Planning Board, at the office of the Town Clerk, and at the office of
the Board of Selectmen, at the research desk at the Canton Public Library and on the Town web site.
Petition by for Anthony E. Berardi and 47 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 24 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 7-0-0
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ANNUAL TOWN MEETING APRIL 30, 2012
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 24 be postponed indefinitely.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to defer this article to the Planning
Board for discussion at the 2012 ATM. The Finance Committee did not believe that the proposed map, pursuant to
the proposed Article, is feasible or makes economic sense, particularly in light of the Town’s existing Village
Housing Overlay District. The proposed map would not be needed if Article 23 is withdrawn.
PLANNING BOARD DISCUSSION: The Planning Board is opposed to the re-zoning of 99.7 acres of land
located on Walpole Street that is currently zoned as Parks, Recreation and Open Space. This Article would rezone
the property as residential and allow for the construction of a Senior Assisted Living Center. There was unanimous
opposition to this Article by the Planning Board and the neighbors who attended the Planning Board hearings on
this Article.
APPROVED__________ DISAPPROVED__________
ARTICLE 25
AMEND GRANT OF CONSERVATION EASEMENT FOR MARESFIELD FARM
Article 25 To see if the Town will vote to amend a “Grant of Conservation Easement and Declaration of
Restrictive Covenants” dated March 31, 1978 and executed by and between Codex Corporation and the Town of
Canton and recorded in Norfolk Deeds Book 5725, Page 382 as follows:
The percentage figure of twenty (20%) percent that appears in Section 2.2 of said covenant shall be amended to
read twenty-five (25%) percent of the total land area of the Property, so that the revised Section 2.2 would read:
2.2 The total developed area of the Campus, including building(s), parking areas and paved roadways
shall not exceed twenty-five (25%) of the total land area of the Property. For the purpose of this
limitation, developed area shall mean the area included within a continuous boundary line drawn to
encircle all buildings, parking areas and paved roadways on the Campus.
And further to see if the Town will vote to allow the plan attached to said covenant as Exhibit A to be modified to
show the new perimeter of the campus as indicated on the attached concept plan.
Petition by for Paul Schneiders and fourteen others
FINANCE COMMITTEE MOTION:
MOVED: That the Town, acting by and through its Board of Selectmen and Conservation
Commission be authorized to sell, release or otherwise dispose of a portion of a conservation
restriction held by the Town pursuant to that certain Grant of Conservation Easement and Declaration
of Restrictive Covenants” dated March 31, 1978 and recorded at the Norfolk County Registry of Deeds
in Book 5725, Page 382; that the Town’s representatives in the General Court be authorized to
introduce legislation set forth below, and that the General Court be authorized, with the approval of the
Canton Board of Selectmen, to vary the specific text of the requested legislation within the scope of the
public policy objectives of the Home Rule Petition set forth below:
AN ACT APPROVING THE SALE, RELEASE OR OTHER DISPOSITION BY THE TOWN OF CANTON OF
CERTAIN LAND AFFECTED BY ARTICLE XCVII OF THE AMENDMENTS TO THE CONSTITUTION OF THE
COMMONWEALTH OF MASSACHUSETTS
Be in enacted by the Senate and the House of Representatives in General Court assembled, and by
authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of
Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the
Town of Canton may sell, release or otherwise dispose of a portion of the property located at the
intersection of Route 138 and Blue Hill river Road, Canton Massachusetts and known as Maresfield
Farm from a portion of a conservation restriction held by the Town of Canton pursuant to that certain
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ANNUAL TOWN MEETING APRIL 30, 2012
Grant of Conservation Easement and Declaration of Restrictive Covenants” dated March 31, 1978 and
recorded at the Norfolk County Registry of Deeds in Book 5725, Page 382, provided that the total
“developed area” of the Campus shall not exceed twenty-five (25%) of the total land area of the
Property and provided further that the additional five percent (5%) of the Campus authorized to be
developed pursuant to this Act shall be developed only for surface parking purposes. For the purpose
of this limitation, “developed area” shall mean the area included within a continuous boundary line
drawn to encircle all buildings, parking areas and paved roadways on the Campus.
Section 2. This act shall take effect upon its passage.
FINANCE COMMITTEE VOTE: 9-0-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to support this article.
Meditech is seeking to amend an existing covenant in order to expand the buildable percentage of their property
from 20% to 25%. If this amendment is approved at Town Meeting, Meditech intends to add approximately 280
additional parking spaces adjacent to Route 128 / 95 to meet the needs for employee parking and parking for civic
events held on the property. By developing this additional space, the Finance Committee anticipates an increase
in tax revenue to the town without an additional cost in services. The approval of Town Meeting to amend the
existing covenant is required for Meditech to move forward with their plans.
APPROVED__________ DISAPPROVED__________
ARTICLE 26
CREATION OF A SCHOOL SPECIAL EDUCATION STABILIZATION FUND
Article 26 To see if the town will vote to establish, pursuant to G.L. ch. 40, section 5B, a Canton Public Schools
Special Education Stabilization fund, for the purpose of maintaining a source of funds to supplement the Canton
Public Schools annual operating budget intended to provide supplemental funds for special education expenses by
the Canton Public Schools, or to take any other action related thereto.
Board of Selectmen for the School Committee
Motion 1
MOVED: That a Canton Public Schools Special Education Stabilization Fund, be hereby
established pursuant to G.L. ch. 40, section 5B, for the purpose of maintaining a source of funds to
supplement the Canton Public Schools annual operating budget intended to provide supplemental funds
for special education expenses by the Canton Public Schools.
FINANCE COMMITTEE VOTE: 7-1-0
Motion 1
DISCUSSION: The Finance Committee supports Article 26, which would establish a Special Education
Stabilization Fund. The School Committee has requested this fund as a tool to manage the variability inherent in
special educations costs that the Town is mandated to pay. The costs for special education continue to rise and
can be difficult to budget for, as special education students enter and leave the school system. Any surplus special
education funds at the end of a fiscal year could be placed in this Account, as well as appropriations by Town
Meeting, in order to have monies available for unexpected special education expenses. This Account would
promote budget stability and prevent dramatic fluctuations in yearly appropriations. This Motion establishes the
Account, but does not appropriate any funds into the Account.
APPROVED__________DISAPPROVED__________
Motion 2
MOVED: That the sum of Fifty Thousand Dollars ($50,000) be appropriated to the School Special
Education Stabilization Fund by transfer from the fiscal 2012 School Department operating budget as
follows:
Account #41319002-52101 $25,000
Account #41209002-52102 $25,000
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ANNUAL TOWN MEETING APRIL 30, 2012
FINANCE COMMITTEE VOTE: 9-0-0
Motion 2
DISCUSSION: This motion would transfer $50,000 from the Fiscal Year 2012 School Department budget to the
special education stabilization account. The $50,000 was included in the amount budgeted this fiscal year for debt
service expense related to the heating system repair at the Rodman Center. These monies were not required, and
the Finance Committee agreed with the suggestion of the School Committee to transfer the funds to the new
special education stabilization account, if the Town Meeting votes under Motion 1 to establish the Fund.
Motion 3
MOVED: That the sum of Thirty One Thousand One Hundred Forty Six Dollars ($31,146) be
appropriated to the School Special Education Stabilization Fund by transfer from Fund #176 Other
State Revenue.
FINANCE COMMITTEE VOTE: 7-2-0
Motion 3
DISCUSSION: The Finance Committee voted to support the transfer of $31,146 to the special education
stabilization account from the supplemental state aid appropriation. If the special education stabilization account is
established at this Town Meeting the Finance Committee recommends this account be funded with $31,146 from
the supplemental state aid appropriation.
APPROVED__________DISAPPROVED__________
ARTICLE 27
APPROPRIATE FUNDS FOR WINDOW REPLACEMENT REPAIR PROJECT AT LT. PETER M. HANSEN
ELEMENTARY SCHOOL
Article 27 To see if the Town will vote to appropriate, borrow or transfer from available funds, an amount of
money to be expended under the direction of the School Building Committee for a window replacement repair
project at the Lt. Peter M. Hansen Elementary School, 25 Pecunit Street, Canton, MA 02021 which proposed repair
project would materially extend the useful life of the school and preserve an asset that otherwise is capable of
supporting the required educational program and for which the Town may be eligible for a school construction
grant from the Massachusetts School Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant
program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project
costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the Town. Any grant that the Town may receive from the MSBA for the Project shall not exceed the
lesser of a certain percentage of eligible, approved project costs, as determined by the MSBA, or the total
maximum grant amount determined by the MSBA
Board of Selectmen for the School Committee
MOVED: That the subject matter of Article 27 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 5-3-0
MAJORITY DISCUSSION: The Finance Committee voted to recommend that this Article be postponed
indefinitely. The replacement of the windows at the Hansen School, while desirable, is not a high priority at this
time. The projected replacement date for the windows is not until fiscal year 2017 or later. Even though the School
Committee has the opportunity to apply for a grant from the Massachusetts School Building Authority (MSBA) that
would reimburse 40% of the cost of the windows, the Finance Committee was concerned that there is not sufficient
debt capacity in the School's five year debt capital plan to fund the project at this time. The borrowing for the
addition to the JFK School, sprinklers for the JFK School, and two roofing projects, has significantly reduced the
School's budgeted debt capital for the next five years. If an unforeseen capital expense should occur in the school
system, there may not be sufficient borrowing capacity within the Schools five-year debt capital budget to cover
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ANNUAL TOWN MEETING APRIL 30, 2012
the costs if this Article is funded. This window replacement project was deemed a lower priority in the window
replacement schedule and thus the Committee recommends postponing indefinitely.
MINORITY DISCUSSION: The windows in the Hansen are the original windows from when the building
was constructed and are scheduled to be replaced within the next 5-6 years. The request to accelerate this project
would take advantage of the 40% reimbursement from the MSBA grant at a time when Canton’s borrowing costs
(to pay for the balance) are historically low. The School Committee has agreed that it will not accelerate this
project unless it receives the 40% reimbursement grant from MSBA.
The schools, the CPC and the minority of the Finance Committee members believe that Canton should pursue this
project and not risk losing the $136,800 grant by delaying this project for a few more years. The Minority
recognizes the Finance Committee’s concern with leveraging the school's future year's debt capital budget but
defers to the School Committee’s priorities on this and believes that accelerating this project is a strategically
sound financial decision.
APPROVED__________DISAPPROVED__________
ARTICLE 28
APPROPRIATE FUNDS FOR WINDOW REPLACEMENT REPAIR PROJECT AT WILLIAM H. GALVIN MIDDLE
SCHOOL
Article 28 To see if the Town will vote to appropriate, borrow or transfer from available funds, an amount of
money to be expended under the direction of the School Building Committee for a window replacement repair
project at the William H. Galvin Middle School, 55 Pecunit Street, Canton, MA 02021 which proposed repair project
would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting
the required educational program and for which the Town may be eligible for a school construction grant from the
Massachusetts School Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant program is a
non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the
Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the
Town. Any grant that the Town may receive from the MSBA for the Project shall not exceed the lesser of a certain
percentage of eligible, approved project costs, as determined by the MSBA, or the total maximum grant amount
determined by the MSBA.
Board of Selectmen for the School Committee
MOVED: That Four Hundred Eleven Thousand Nine Hundred Fifty Dollars ($411,950) be
appropriated to be expended by the School Committee under the direction of the Buildings Renovation
Committee for a window replacement repair project at the William H. Galvin Middle School, 55 Pecunit
Street, Canton, MA which proposed repair project would materially extend the useful life of the school
and preserve an asset that otherwise is capable of supporting the required educational program, for
which project the Town may be eligible for a grant from the Massachusetts School Building Authority
("MSBA"); and to meet said appropriation, the Town Treasurer, with the approval of the Board of
Selectmen, be authorized to borrow, pursuant to any applicable statute or any other enabling authority
as may be, Four Hundred Eleven Thousand Nine Hundred Fifty Dollars ($411,950) and to accept any
MSBA grant therefor; and provided however, the Town acknowledges that MSBA grant program is a
non-entitlement, discretionary program based on need, as determined by the MSBA, and any project
costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the Town; and provided, further, that any grant that the Town may receive from the
MSBA for the Project shall not exceed the lesser of (1) a certain percentage (%) of eligible, approved
project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the
MSBA. No amounts shall be borrowed or expended hereunder until the Town shall have entered into a
Project Funding Agreement for this project with the MSBA that provides for a grant to the Town of not
less than $164,000 for this project. The amount authorized to be borrowed pursuant to this vote shall
be reduced to the extent of the amount of any MSBA grant set forth in the Project Funding Agreement
between the Town and the MSBA relating to this project.
FINANCE COMMITTEE VOTE: 7-2-0
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ANNUAL TOWN MEETING APRIL 30, 2012
MAJORITY DISCUSSION: The Finance Committee supports Article 28. The School Committee has the
opportunity to apply for a grant from the Massachusetts School Building Authority (MSBA) that would reimburse
40% of the cost of the windows, thus saving Canton $164,780 of the estimated $411,950 replacement cost. The
School Committee has agreed that it will not carry this project through unless it receives the 40% reimbursement
grant from MSBA. Although these windows are not a critical concern at this time, they are currently 40 years old
and replacing them with energy efficient units would produce energy savings and reduce the School's operational
costs. The School Committee identified the Galvin School as the highest priority for window replacement. The
Majority of the Finance Committee felt that the 40% reimbursement was sufficient incentive to support the
replacement of these windows, even though this project will further reduce the limited debt capacity budgeted for
the schools in future years.
MINORITY DISCUSSION: For the last two years, Town Meeting, at the request and urging of the School
Committee, authorized the borrowing of over $1 million each year for school building repairs. Much of this money
was for the JFK addition and sprinklers, and for the High School and Rodman Center Roof replacements. The
amount authorized to be borrowed this current Fiscal Year 2012 exceeded the School Committee’s debt ceiling by
over $800,000. The School Committee decided to use their future year’s debt ceilings to balance this deficit. The
result is the School Committee barely has enough capacity through FY2016 to borrow for their pre-authorized 10
year HVAC Plan. The request for the window replacement was not on the School Committee’s 5 –year Capital plan
last year, and by placing it on the Capital Request for this coming fiscal year 2013, the School Committee will be
borrowing from their debt available in fiscal year 2017. Additionally, the School Committee was authorized by last
year’s Town Meeting to borrow over $2 million to replace the heating system at the Rodman Building. The School
Committee voted to pay for this over the next 20 years from their operating budget, reducing the funds available
for school programs and salaries. This escalated and accelerated spending is of concern to some members of the
Finance Committee, and those members feel it unwise to proceed on this borrowing pace and recommend that
Town Meeting does not authorize the borrowing. MSBA funds and grants have been, and will continue to be
available for the foreseeable future.
APPROVED__________DISAPPROVED__________
ARTICLE 29
FIRE DEPARTMENT STAFFING STUDY
Article 29 To see if the Town will vote to appropriate, borrow or transfer from available funds, a sum of money,
not to exceed $15,000 to be expended under the direction of the Fire Chief, Town Administrator and Human
Resources Administrator for a staffing study to be conducted for the Fire Department
Or to take any other action related thereto.
Board of Selectmen for the Fire Chief
MOVED: That Fifteen Thousand Dollars ($15,000) be appropriated to be spent by the Fire Chief,
Town Administrator and Human Resources Administrator under the direction of the Board of Selectmen
for a staffing study to be conducted for the Fire Department and to meet this appropriation Fifteen
Thousand Dollars ($15,000) be transferred from Ambulance Receipts Reserved for Appropriation
Account.
FINANCE COMMITTEE VOTE: 7-0-0
DISCUSSION: The purpose of this article is to request funds to support a study of Fire Department staffing and
management. At present there is a single shift captain covering both fire stations during the day; evening shifts
are not covered by a shift captain. It has been a number of years since the staffing of Canton's fire stations has
been independently reviewed. The Fire Chief is requesting this study to determine if Canton's current staffing
levels are consistent with standard recommended practices. The Finance Committee unanimously supported this
request, with the funds to be taken from the Ambulance Fund.
APPROVED__________DISAPPROVED__________
- 79 -Source page 80
ANNUAL TOWN MEETING APRIL 30, 2012
ARTICLE 30
AMEND GENERAL BY-LAWS OF THE TOWN – ARTICLE XIV (POLICE REGULATIONS) BY ADDING SECTION
55 – HUNTING
Article 30 To see if the Town will vote to amend the General By-Laws of the Town, Article XIV by adding a new
Section 55 – Hunting – as follows, or to take any other action related thereto:
License Required:
No person shall discharge a firearm of any kind or hunt by bow or air rifle within the limits of any park, playground
or any Town-owned property, except by vote of the Canton Board of Selectman, or other Town governmental body
with jurisdiction over such property. Nor shall any person discharge a firearm, or hunt by bow or air rifle on any
private property, except with the written consent of the owner or legal occupant thereof.
Violation and penalties:
Any person violating any of the provisions of this article shall be fined $200 for each offense, and any weapon used
in the commission of said offense shall be confiscated by a law enforcement officer. This by-law shall not apply to
the lawful defense of life or property or to any law enforcement officer acting in the discharge of his/her duties.
The Canton Police Department, the Massachusetts Environmental Police or any other sworn police officer who has
jurisdiction in the Town of Canton may enforce this by-law.
Board of Selectmen for the Police Chief
MOVED: That the General By-Laws of the Town, Article XIV (Police Regulations) be hereby
amended by adding new Section 55 – Hunting – as follows:
Section 1:
In addition to any applicable provision of state law regarding the regulation and licensing of hunting
and/or firearms, no person shall hunt, trap, fire or discharge any firearm or weapon of any kind within
the limits of any park, playground or other public property of the Town, except with the consent of the
Board of Selectmen, or other Town governmental body with jurisdiction over such property. Nor shall
any person hunt, trap, fire or discharge any firearm, or weapon of any kind on any private property,
except with the written consent, to be in the person’s possession, of the owner or legal occupant
thereof.
Section 2:
This bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer
acting in the discharge of his duties.
Section 3:
Any person violating any of the provisions of this article shall be fined $200 for each offense, and any
weapon used in the commission of said offense shall be confiscated by a law enforcement officer. This
by-law shall not apply to the lawful defense of life or property or to any law enforcement officer acting
in the discharge of his or her duties. The Canton Police Department, the Massachusetts Environmental
Police or any sworn police officer who has jurisdiction in the Town of Canton may enforce this by-law.
Any person in violation of this by-law may also be subject to Massachusetts laws and regulations,
where applicable.
FINANCE COMMITTEE VOTE: 8-0-1
DISCUSSION: The Finance Committee supports this article to amend the Police Regulations of the Town, by
adding new Section 55 Hunting. The purpose of the article is to provide a means to regulate hunting on Town-
owned land, to require that hunters gain permission to hunt on private property, and to establish penalties for
failing to comply with these regulations. The article also gives the Canton Police and other authorities the means
to protect Canton residents from injury and harm associated with unauthorized hunting.
APPROVED__________DISAPPROVED__________
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