Canton, Massachusetts · Saved source text
Special Town Meeting 2024 FINAL pdf file
Saved text from 48 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 1
Recommendations of the Finance Committee
to the Voters of Canton, Massachusetts
2024
TOWN OF CANTON
SPECIAL TOWN MEETING (STM No. 1)
MONDAY, NOVEMBER 18, 2024 at 7:00 p.m.
(GALVIN MIDDLE SCHOOL CONSTRUCTION PROJECT FUNDING)
SPECIAL TOWN MEETING (STM No. 2)
MONDAY, NOVEMBER 18, 2024 at 7:30 p.m.
Morse Auditorium
Canton High School
900 Washington Street, Canton
Study this report and come to Special Town Meeting.
Bring this report with you.
YOUR VOTE at Special Town Meeting is important
because it establishes the priorities for our schools,
public works, public safety, town government and
future direction for our environment.
The Town, upon request, will endeavor, to the
greatest extent possible, to make available any
and all visual and audio devices and assistance for
the disabled. For more information, please call
781-821-5000.Source page 2
SPECIAL TOWN MEETING NOVEMBER 18, 2024
TABLE OF CONTENTS
Page #
Finance Committee Report ……………………………………………………….……… 3
Special Town Meeting - Exhibits
Town Finance Terminology …………………………………………………………………. 4
A Guide to Participating at Town Meeting …………………………………………….. 5
Note to All Voters Concerning Town Meeting Procedures ……………………….. 6
Special Town Meeting (STM No. 1) Articles
Art. Page #
1 Adopt The Rules to Govern Special Town Meeting …………………………………. 8
2 Galvin Middle School Construction Project Funding ……………………………… 10
Special Town Meeting (STM No. 2) Articles
Art. Page #
1 Adopt The Rules to Govern Special Town Meeting ………………………………… 15
2 Appropriation for Neponset Water Treatment Facility Replacement
Filtration System ……………………………………………………………………….……… 17
3 Set Salary of Town Clerk ……………………………………………………………………. 19
4 Adjust Fiscal ’25 Accounts ………………………………………………………………….. 20
5 Appropriation to Increase Special Education Reserve Account …………..…… 21
6 Amend Zoning By-Law Section 11.0 ………………………………………………...….. 22
7 Amend Zoning By-Law Section 4 …………………………………………………………. 24
8 Amend Zoning By-Law Section 8.1 ……………………..……………………………….. 34
9 Amend Zoning By-Law Section 8.5 ………..……………………………………………. 40
10 Amend Zoning Map ……………………………………………………………………….…… 42
-2–Source page 3
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Finance Committee Report
Respectfully submitted,
Town of Canton Finance Committee:
Emilio Mauro, Chair
Kristin Mirliani, Vice Chair
David Clough
Dan Cole
John Leonetti
Maureen Menconi
Reuki Schutt
Cindy Thomas
-3–Source page 4
SPECIAL TOWN MEETING NOVEMBER 18, 2024
TOWN FINANCE TERMINOLOGY
The terms below are frequently used in the annual Town report and at Town Meetings. In order to provide
everyone with a better understanding of their meanings, the following definitions are provided:
APPROPRIATE: To authorize spending. Once an appropriation for a budget or article has been made by
Town Meeting, the appropriation can only be changed by another Town Meeting. The exceptions are a
transfer from the Reserve Fund or a year end transfer authorized by the Selectmen and the Finance
Committee.
BONDS: The money Canton borrows to pay for capital projects such as the High School and Library.
CAPITAL EXPENSES: Expenses associated with the purchase of long-term assets, or projects. Paying
for these expenses can come from either cash (Cash Capital) or from long term bonding / borrowing.
CHERRY SHEET: A financial statement from the State, previously printed on cherry-colored paper which
itemizes State disbursements due the Town, and State and County charges to the Town, usually resulting
in a net receipt of funds.
DEBT EXCLUSION: Taxes raised through a Prop. 2½ override to pay for capital projects such as building
the middle school or library, and end when the dept obligation is paid off.
EMINENT DOMAIN: Eminent domain refers to the power of the government to take private property and
convert it into public use. The Fifth Amendment provides that the government may only exercise this
power if they provide just compensation to the property owners.
ENTERPRISE SURPLUS: (Retained Earnings) This fund balance represents the amount to be used, by a
vote of Town Meeting, for operating cost offsets, funding capital improvements and reimbursing the
General Fund for prior year funding.
FIXED COSTS: Costs associated with employee benefits, such as health insurance and retirement costs,
but also include debt service, trash collection, street lighting, snow & ice removal, and regional & county
school assessments.
FREE CASH RESERVE (UNDESIGNATED FUND BALANCE): An accumulation of surpluses left at the
end of the fiscal year. This funding is available to be allocated at Town Meeting through a simple majority
vote. It is akin to a savings account.
INDEFINITELY POSTPONE: This is the equivalent of a negative vote on an article.
FY25: July 1, 2024 through June 30, 2025
FY26: July 1, 2025 through June 30, 2026
LEVEL FUNDING: The budget amount for this year will be identical to the budget amount last year (i.e.,
no additional money will be available to cover increased costs in salaries or supplies.)
LEVY LIMIT: The maximum amount of tax levy in any given year. The levy limit is based on the previous
year’s levy limit plus 2 1/2% plus new growth, and not the previous year’s actual levy.
LOCAL RECEIPTS: Money the town collects from local sources such as excise tax, licenses and permits,
investment income, payments in lieu of taxes and penalties.
NEW GROWTH: Additional tax revenue the Town receives from new construction, such as new homes
and commercial buildings or additions to existing buildings.
OPEB: Other Post-Employment Benefits are benefits provided to town retirees for such things as health,
dental and life insurance. Retirees are eligible for these benefits in addition to a town pension.
OPERATIONAL OVERRIDE: An increase above the standard Prop. 2½ yearly increase in taxes. This
increase is unlike a debt exclusion override, in that it is permanent.
OVERLAY: The amount raised by the Assessors for the purposes of funding tax exemptions and
abatements.
OVERLAY RESERVE: The accumulated amount of Overlay funds for not used or required to be held in
the Overlay fund. The Board of Assessors control release of funds to the Overlay Reserve exceeding
pending tax liabilities.
RAISE: To tax. The tax rate is recommended by the Board of Assessors to the Select Board after the
Annual Town Meeting, receipt of the final “Cherry Sheet”, and the State’s certification of New Taxable
Property Growth.
RESERVE FUND: This fund is established by the voters at an Annual Town Meeting. Transfers from the
Reserve Fund are within the control of the Finance Committee, and are for “extraordinary or unforeseen
expenditures.”
REVENUES: Amount of money the Town receives to cover expenses. The majority of this money comes
from property taxes. The remainder comes from local receipts, State Aid, transfers from other funds and
Water & Sewer receipts.
STABILIZATION FUNDS: These funds are established by the voters for future uses. A 2/3 Town
Meeting vote is required for its use.
STATE AID: The amount of money that the state of Massachusetts gives to the Town of Canton.
-4–Source page 5
SPECIAL TOWN MEETING NOVEMBER 18, 2024
STEP AND LANE INCREASES: Automatic increases in salary for town employees, negotiated in union
contracts.
STRUCTURAL DEFICIT: When the Town’s recurring expenses are greater than its recurring revenues.
TAX LEVY: (LEVY): The revenue a community can raise through real estate and personal property taxes.
A GUIDE TO PARTICIPATING AT TOWN MEETING
If town meeting is to run smoothly a few simple rules must be followed…….
All voting will take place in the Auditorium. Only those people registered to vote in Canton and those
approved in Article 1 will be allowed in the auditorium. The cafeteria will be set up for video viewing for
registered voter overflow and Canton residents that are not registered to vote in Canton. The gymnasium
will be set up for video viewing for non-Canton residents. A separate area will be established outside of
the school for those that are there to protest. If the Moderator deems that a registered voter is there to
protest, that person will be removed from the auditorium and escorted to the protest area.
During the meeting, no person should speak unless after having been ‘recognized’ by the moderator.
When recognized, a voter should first state his or her name and address clearly and distinctly before
making any statement.
If the Moderator bangs his gavel and calls “Order”, attendees should immediately remain quiet until the
Moderator has spoken.
All questions should be addressed to the Moderator. The moderator will ask for a response from
someone if he is unable to satisfactorily answer the question.
The debate is limited to the Motion that is on the floor. Comments and questions that do not pertain to the
motion being debated will be ruled out of order.
The standard rules for offering amendments and substitute motions will be followed. First a vote on
whether the town wants to debate the revision is made. If the motion to change the motion is successful,
the amended or substitute motion will be debated and voted.
It is both impolite and contrary to the rules of procedure to shout out “Question”, or “Move the Question”
while someone else is speaking, or without being ‘recognized’.
Voters should be brief. It is a good idea to state at the outset why you have sought recognition to speak:
e.g., “I rise to speak in favor (or against) the motion to…” Voters may wish to summarize at the close of
their remarks: “I hope the motion now pending is (not) adopted.”
Rather than repeat arguments already made, consider saying: “I concur with the statements made by the
previous speaker(s) and for the same reasons urge you to vote (in support of) or (against) the main
motion when it is put.” If the Moderator notifies the speaker that they are out of order or that they are
repeating points previously made, the speaker’s time may be limited to less than the five minutes allotted.
A Town by-law restricts any one speaker to not more than ten minutes at any one time. The patience
of other voters is often not as long. To facilitate the discussion and provide an opportunity for all citizens
to speak at the Special Town Meeting, the moderator may extend the time that the petitioners may
present their motion to longer than ten minutes when the motion is made and will offer the same
courtesy to the Select Board for their response. Following that, the Moderator will limit the debate for
each speaker to five minutes. If a speaker believes that his discussion will last more than the allotted
time, the Moderator should be contacted in advance of the meeting.
A Town by-law restricts any one speaker from speaking more than twice on the same matter except to
correct an error or a misstatement.
A person who is speaking on behalf of another (such as an attorney) is required to disclose that fact
before making any statement.
A motion to reconsider is quite technical in nature. A person who intends to move reconsideration should
discuss it in advance with the moderator. Generally the motion may be made at any time so long as a
sufficient interval has elapsed since the last vote on the matter was taken, and/or additional information
-5–Source page 6
SPECIAL TOWN MEETING NOVEMBER 18, 2024
has become available, so as to give a reasonable basis to believe the meeting might vote differently.
When the motion to reconsider is pending, debate is limited to why reconsideration should prevail and not
to the merits of the underlying motion.
When one voter is speaking all others in the hall should pay attention to what is being said. No person
should interrupt a speaker unless some ‘rule’ is being violated. If a voter believes a rule is being violated
they should seek recognition, wait to be recognized by the moderator (For what purpose does the lady
seek recognition?) Voter: “I rise to a point of order.” Moderator: State your point of Order. Voter: “…The
speaker is dealing in personalities, (or) the remarks of the speaker are not germane to the subject at
hand”, etc.
Rather than read every warrant article the moderator may say “The chair asks unanimous consent that
the reading of the article be waived (Pause) Seeing no objection it is so ordered.”
Voters should refrain from displaying their approval or disfavor towards a speaker by applauding or by any
other means.
NOTE TO ALL VOTERS CONCERNING
TOWN MEETING PROCEDURES
At a previous Annual Town Meeting a by-law was adopted which requires that almost all warrant articles
be acted upon in the order they are drawn by a lottery, not the order they appear in the warrant. There
are certain exceptions, however, to the lottery system. The following should help you understand how the
Town Meeting works:
Town Meeting will be opened by the Town Clerk. Procedures to govern Town Meeting will be adopted
(Article 1). There are instances, however, where the Moderator may declare that for some legal or
technical reason a particular article or articles must be considered in some other sequence.
It is hoped that this brief explanation will be helpful to you in understanding the lottery system under
which the Town Meeting is currently operated.
-6–Source page 7
SPECIAL TOWN MEETING NOVEMBER 18, 2024
NOTES:
-7–Source page 8
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Town of Canton
Commonwealth of Massachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and
warn the inhabitants of the Town of Canton to meet at Morse Auditorium, on the grounds of
the Canton High School, 900 Washington Street in said town on;
SPECIAL TOWN MEETING
MONDAY, THE EIGHTEENTH DAY
OF NOVEMBER 2024
At seven-o’clock (7:00 P.M.) in the evening at which time and place the following articles are
to be acted upon:
ARTICLE 1
ADOPT THE RULES TO GOVERN SPECIAL TOWN MEETING
Article 1 To see if the Town will vote to adopt certain procedures to govern the conduct of the 2024
Special Town Meeting; or to take any other action related thereto.
Select Board
FINANCE COMMITTEE MOTION
MOTION 1
MOVED: This Special Town Meeting is the first of two special town meetings on the
same day; accordingly, this Special Town Meeting shall hereafter be referred to as Special
Town Meeting No. 1 (STM No. 1) and that this 2024 Special Town Meeting No. 1 shall meet on
Monday, November 18, 2024, to begin at 7:00 o’clock P.M. and if necessary on Wednesday,
November 20, 2024, to begin at 7:00 o’clock P.M. and if necessary the Monday and Wednesdays
thereafter at 7:00 o’clock P.M. in the Morse Auditorium, on the grounds of the Canton High
School until the business of this Special Town Meeting No. 1 has been concluded, and to
adjourn at 11:00 o’clock P.M., or as near that hour as may be feasible, according to the nature
of the business pending at the said hour.
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends this
motion. Motion 1 will establish the meeting schedule for the Autumn 2024 Special Town Meeting No 1.
(STM No. 1) as the two nights of Monday, November 18, 2024, and Wednesday, November 20, 2024, and
then each subsequent Monday and Wednesday, at the Morse Auditorium of Canton High School until the
business of the STM No. 1 is concluded. The schedule will allow for a timely and efficient process to
deliberate the articles at the STM No. 1 without any delay while reasonably avoiding the Thanksgiving
holiday and associated long weekend.
APPROVED__________DISAPPROVED__________
-8–Source page 9
SPECIAL TOWN MEETING NOVEMBER 18, 2024
MOTION 2
MOVED: That the following individuals be granted all of the rights and privileges of
participation in this Special Town Meeting No. 1, except the right to vote, under any article of
this warrant which affects matters within their jurisdiction:
Alyssa Chantani, Project Manager, LeftField
Steve Choiniere, Supervisor of Facilities and Grounds
Paul R. DeRensis, Town Counsel, Brooks & DeRensis
Jeremiah Driscoll, Project Manager, Consigli Construction
Timothy Ericson, Consigli Construction Co., Inc.
Paul Feeney, State Senator
Derek Folan, Superintendent of Schools
Louis Jutras, Information Systems Manager
Arafat Knight, Veterans’ Agent
Karen Lawlor, Administrative Assistant, Canton Planning Board
Alfons Koka, Town Engineer
Linda Liporto, Director of Interiors, LeftField
Brian M. Lynch, Assistant Superintendent of Finance and Operations, School
Brian Lynch, Director of Facilities and Grounds/Maintenance
Stephen Lynch, Representative in Congress
M. Regen Milani, Conservation Commission Agent
Kristy Lyons, Consigli Construction Co., Inc.
Jonathan Mulhern, Principal, William H. Galvin Middle School
William O’Rourke, Project Executive, Consigli Construction Co., Inc.
Jonathan Quell, Associate, Project Manager, Ai3
Tyler Radicioni, Parks & Recreation Director
Helena Rafferty, Police Chief
Barbara Reardon, Board of Health Director
E. Wendell Robery, Fire Chief
William Scollins, Finance Director
Patricia Sherrill, Deputy Police Chief
Justin Thibeault, Principal, Project Architect, Ai3
Taylor Torres, Town Planner
Michael Trotta, Superintendent of Public Works
Diane Tynan, Director of the Department of Elder & Human Services
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends this
motion. As non-residents are not otherwise legally allowed to speak at a Town Meeting, this motion will
allow the listed non-residents of Canton to legally speak and have other non-voting privileges on matters
before this Special Town Meeting No. 1 as needed. This motion formalizes Town Meeting procedures that
have been followed at past Town Meetings.
APPROVED__________DISAPPROVED__________
-9–Source page 10
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 2
GALVIN MIDDLE SCHOOL CONSTRUCTION PROJECT FUNDING
Article 2 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 Canton School Building
Committee for a new construction project of the William H. Galvin Middle School located at 55
Pecunit Street, Canton, MA 02021 with an agreed upon design enrollment of 1,020 students in
grades 5-8 which school facility shall have an anticipated useful life as an educational facility
for the instruction of school children of at least 50 years, 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 (1) 47.21 percent (%) of eligible, approved project costs, as
determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA.
Select Board for School Committee
Select Board Position: The Select Board voted unanimously to support the Galvin Middle
School Construction Project Funding. (Vote: 5-0).
Capital Planning Committee (CPC) Position: CPC voted to support the Galvin Middle School
Construction Project Funding. (Vote: 5-0-1).
FINANCE COMMITTEE MOTION
MOVED: That the Town of Canton appropriate the amount of Two Hundred and
Forty One Million Seven Hundred and Sixty Four Thousand Eight Hundred and Thirty
Five ($241,764,835) Dollars for the purpose of paying costs of the construction of a
new William H. Galvin Middle School located at 55 Pecunit Street, Canton, MA 02021
with an agreed upon design enrollment of 1,020 students in grades 5-8, including
the payment of all costs incidental or related thereto (the “Project”), which school
facility shall have an anticipated useful life as an educational facility for the
instruction of school children for at least 50 years, and for which the Town of Canton
may be eligible for a grant from the Massachusetts School Building Authority
(“MSBA”), said amount to be expended under the direction of the Canton School
Building Committee. To meet this appropriation the Town Treasurer, with the
approval of the Select Board, is authorized to borrow said amount under M.G.L.
Chapter 44, or pursuant to any other enabling authority. The Town of Canton
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
of Canton incurs in excess of any grant approved by and received from the MSBA
shall be the sole responsibility of the Town of Canton; provided further that any
grant that Town of Canton may receive from the MSBA for the Project shall not
exceed the lesser of (1) 47.21 percent (%) of eligible, approved project costs, as
determined by the MSBA, or (2) the total maximum grant amount determined by the
MSBA; provided that any appropriation hereunder shall be subject to and contingent
upon an affirmative vote of the Town to exempt the amounts required for the
payment of interest and principal on said borrowing from the limitations on taxes
imposed by M.G.L. 59, Section 21C (Proposition 2½); and that the amount of
borrowing authorized pursuant to this vote shall be reduced by any grant amount set
forth in the Project Funding Agreement that may be executed between the Town of
Canton and the MSBA.
FINANCE COMMITTEE VOTE: 4-0 (A quorum was present.)
- 10 –Source page 11
SPECIAL TOWN MEETING NOVEMBER 18, 2024
FINANCE COMMITTEE DISCUSSION:
The Finance Committee supports this article to replace the Galvin Middle School.
BACKGROUND
The Galvin Middle School opened in 1971 and after over fifty years of use it is now inadequate
for the modern curriculum requirements, districtwide enrollment pressures, building space
needs, and building and safety codes. There is currently a shortage of classrooms, some
educational spaces have inadequate size for the program needs, there is overcrowding, the
architectural layout of the building is not ideal for modern education nor to promote child
development, the building is not fully accessible, and has become increasingly unreliable. The
current structure is outdated in design, structure, mechanics, safety, security, efficiency, and
cost effectiveness. As a result, a wide cross-section of Town officials and experts have agreed
that it is best to replace the building with a new modern building that will serve well for the
future without the negative cost risks and design compromises of renovation with an addition.
In 2021, the Canton Public Schools filed a Statement of Interest with the Massachusetts
School Building Authority (MSBA) to address the needs of the aging Galvin Middle School
through replacement or renovation, which was also consistent with the Canton Public Schools
Facilities Master Plan of 2017. In 2022, the MSBA invited the Galvin Middle School into an
eligibility period (which determines the district’s readiness and commitment to a potential
project through a series of prerequisite steps, the forming of a building committee, and
eventually the procurements of certain required professional project team members). This was
followed by MSBA acceptance of the project into the feasibility study phase later in the year,
which requires a study into the existing conditions at the Galvin Middle School, a
determination of educational needs and space needs, the establishing of design parameters,
create various options and evaluate them in order to develop a recommended option to submit
for the MSBA to consider. In the spring of 2024, this effort resulted in the MSBA advancing the
Galvin Middle School project into the Schematic Design Phase, which led to a completed
design for a new Galvin Middle School building and renewed site that also included a clear
project timeline and budget. This final design was accepted by the MSBA in August of 2024
and a grant of up to $74,357,676, in the form of reimbursement, was approved by the MSBA,
provided that the full cost of the project is approved by a two-thirds majority by the Special
Town Meeting No. 1 and by a simple majority through a debt exclusion election that would be
held on December 10 if this article passes at the Special Town Meeting No. 1 on November 18.
This major school project has been carefully developed by a project team that at its broadest
sense includes the School Department, the School Committee, the Galvin Middle School
Building Committee, the MSBA, LeftField as the Owner’s Project Manager, Ai3 Architects as
project architect, and Consigli Construction as the construction firm (in consultation with
additional Town officials and a range of public stakeholders). This team has worked diligently
to develop the plan to replace the Galvin Middle School that will be considered at the Special
Town Meeting No 1.
SCHEMATICS
Many options and building configurations were considered throughout the process by the
School Committee and the Galvin Middle School Building Committee for the Galvin Middle
School project in consultation with construction professionals with the final option selected
being a replacement of the existing building with a new school building rather than a
renovation and addition. This also included decisions on performance space type (auditorium
or other type), determining grade configuration, and a construction delivery method (Design-
Bid-Build or Construction Manager at Risk), construction phasing, community use
considerations, and sustainability. The educational vision of both the MSBA and the Canton
Public Schools guided the design of the building through careful outreach to the public, with
many opportunities for public and stakeholder engagement, and careful observation of how
the school operated to ensure that a new proposed building would meet the educational
program needs of the Galvin Middle School and the district, the school district’s strategic
- 11 –Source page 12
SPECIAL TOWN MEETING NOVEMBER 18, 2024
framework, and to match the community expectations for use of the building and grounds
outside school hours. The design of the new school has also been crafted to allow the best
interior design and floorplan layout for functionality and experience, a good site location for
the new building, and pleasing exterior aesthetics (including careful massing, scale, texture,
window placement, building materials, and other aspects of design). All of these
considerations will allow the new school to both be highly functional while also blending well
with the site and the surrounding neighborhood. In the end, considerable public input was
gathered throughout the project development to ensure that the new school and grounds
reflected not only technical requirements to have a school building that meets modern
educational, capacity, space, safety, code, and sustainability needs, but also a building that
can represent a true investment in our community as a whole
The new Galvin Middle School will represent a shift in grade configuration from the current
grades 6-8 in the current building to a new configuration of grades 5-8. This will allow
enrollment and space concerns at the three elementary schools to be relieved by creating
more available space at the elementary level where it is also needed. The design is sensitive
to the age differences of the students in these grades. Grades five and six will have a wing
and grades seven and eight will have a separate wing in the building that are joined by
common areas that both will use. This configuration allows this proposed building project to
help resolve space needs at all four of these buildings while ensuring age appropriate spaces
for all students.
While some areas of the proposed building will mostly be used by students, other areas such
as the gymnasiums, auditorium, cafeteria, and some other spaces will also have considerable
use by the community when the school is not in use by the students. Therefore, there has
been special attention given to ensuring these areas are robust for community use. This
includes an 800-seat auditorium, rather than a cafetorium, which, while not MSBA eligible for
a middle school, will allow additional and improved space for school and community use at the
Galvin Middle School site, which is in high demand, while also possibly relieving some demand
for the heavily-used Morse Auditorium at Canton High School. Similarly. There will also be two
full gymnasiums to provide ample space for school and public recreational use of the building.
Further, the inclusion of synthetic turf and lighting for the athletic field will allow day and night
use while also reducing landscaping maintenance costs for the field over the life of the field.
While these add-ons increase the cost of the project, they will allow for a school site that will
serve its students and Canton residents very well and improve the potential for the renting of
some of these spaces as appropriate. These amenities, while having cost, will also maximize
the positive experience that students and the community will be able to have once the school
and grounds are complete.
School buildings of this size can create significant energy costs for the Town. As a result, there
has been a great effort to make the new building energy efficient and sustainable. The public
spaces (such as the Auditorium, the two Gymnasiums, and Cafeteria) will be climate controlled
by a geothermal system while the entire building will be all electric and built ready for a
photovoltaic system (solar panels). The actual solar panels will likely be the focus of a future
capital project following the completion of the building. Thus, the new building will be capable
of being fully net-zero and fossil free in terms of energy and carbon. The layout of the building
has been designed to maximize daylight exposure to save energy, meeting the best state
Stretch Energy Codes, and the grounds have been designed to promote sustainability and
stormwater management. This will help save on energy costs over the lives of the systems
while also serving as a sustainable example for the Town.
The new school building would be built from 2026 through 2028, with some preparations in
2025, next to the current school it will have a projected enrollment of up to 1,020 students.
With the new Galvin Middle School opening in Fall 2028 and the old Galvin Middle School being
demolished around, or after, that time. The athletic fields will be completed following
occupancy with a targeted completion date of 2029. Those fields would remain open during
much of the initial rebuild and demolition project. The Mutch Roller Hockey Rink will also be
relocated to the other side of the school lot but will be retained at the end of the project.
Students will remain in the old building until the new structure is ready for occupancy and
- 12 –Source page 13
SPECIAL TOWN MEETING NOVEMBER 18, 2024
plans are in place for temporary traffic and pedestrian flow on and off the site (both school
and community related) while also accommodating and managing construction traffic and
activity around the existing school’s needs. The Canton Public Schools is committed to
ensuring the best experience possible for these students during the construction/demolition
period and they will continue to work with all stakeholders to help mitigate any issues as the
project advances.
FINANCES
A project of this size carries a significant cost and the Finance Committee carefully reviewed
this project and its planned finances to ensure that they were in the best interest of the Town
and its residents. The total estimated project cost will be $241,764,835 (including all phases
and costs of construction of the new building and demolition of the existing building). This
includes both the projected MSBA reimbursement grant of up to $74,357,676 and a Town
share of $167,407,159. The aforementioned figure for the Town share would be after the $2.6
million MSBA holdback is released at the end of the project following a final MSBA audit to
confirm compliance with the plan. The completed $1.5 million Feasibility Study was funded
from the use of free cash in a prior authorization but is also included in this request, per MSBA
requirements, but will not have to paid for again. There is also a built-in contingency of
approximately $11.7 million to address any unforeseen budget overruns. The full project cost
must be approved by the Town Meeting and through the debt exclusion election vote.
However, MSBA will reimburse funds as the project advances and some contingency funds
may not be needed. Short-term borrowing would fund the project as it starts and is
progressing. During the construction phase, a series of short-term borrowings through Bond
Anticipation Notes (where you borrow as you go and only pay the interest annually) ranging
from six-months to one-year terms at prevailing interest rates will be used to fund the project.
The funds for the financing costs for this short-term borrowing will come from a combination
of funds from the Capital Stabilization Fund (and the related interest that has accrued), MSBA
reimbursements, and the leveraging of unused levy capacity that is available. Once the project
is complete and the final project cost and MSBA reimbursement amount are known to the
Town, the thirty-year bond will be issued under prevailing interest rates for an estimated
$166,700,359 (total project cost to Town share less the cost of the already funded Feasibility
Study) to pay off the Bond Anticipation Notes and convert the debt in to a long term borrowing
as described. In addition, due to wise financial practices, the Town is projected to meet its
Norfolk County pension assessment full-funding requirement by FY 2029, at that point there
will be approximately $7 million in savings per year for the Town to use elsewhere. This will
allow at least some portion of that budget savings in future fiscal years (44% of the savings
for each of the first ten years and tapering down to 0% by the 25th year of the bond is
planned) to be directed into paying for the new Galvin Middle School. This plan, if executed,
will help minimize the tax impact to both residential households and commercial properties.
The exact tax impact of this project on a property owner will differ based on the assessed
value of their specific property and whether it is a residential or commercial property and will
vary from year to year as the project is payed off with the cost higher in the early years. The
Town is in excellent financial condition and enjoys a AAA bond rating, which will ensure the
best prevailing interest rates that a municipality can secure during this project. Additionally, if
unused levy capacity and a portion of the pension assessment savings realized by reaching full
funding of the Norfolk County Retirement System are applied, the cost for the average tax
payer would be considerably lower than if only excluded debt is used. This combination of
funding sources would reduce the potential tax burden of this project to individual taxpayers
by potentially hundreds of dollars per year that would need to be paid if only excluded debt
were used to pay for the project. In addition, this project will not impact the Town’s ability to
fund other planned capital projects that will need debt capacity.
The selection of the Construction Manager at Risk method of construction delivery that was
selected by the Town for this project is not a lowest bid format (as would be the case in a
Design-Bid-Build delivery method). However, it allows for the best cost-benefit analysis of the
project and better transparency. While this increased the cost of some elements of
the process, it demonstrates that the project will be less prone to suffer from a harmful
over-
- 13 –Source page 14
SPECIAL TOWN MEETING NOVEMBER 18, 2024
emphasis on value engineering that might lower the cost of the project up front but lead to
costly errors that the town would spend the next fifty years paying for through needed
corrections. It is most fiscally prudent to complete this project correctly the first time with a
reasonable consideration of the cost. A successful school system has often been linked to rises
in local property values and investing in this project will likely allow the Town to improve
municipal revenue through those increases in assessed property value.
The MSBA has a complicated process for determining reimbursement rates, a variety of
cost/funding caps on certain elements of projects, and non-reimbursable project elements,
among other regulations. In addition, this complex MSBA process also means that projects are
hard to compare to each other over time or between districts due to an abundance of
variables, the customized scale, scope, and needs of each proposed school project; and the
change in construction costs and MSBA rules over time. It is essential that the town comply
fully with the now completed MSBA project negotiations and submission, as modifications to
the plan would in most, if not all cases, result in a need to withdraw from the process and
start over. These negotiations and the final submission to the MSBA has resulted in the best
possible reimbursement rate for the large and costly project as designed and at this point is an
“as is” offer. If the Town does not take this MSBA offered opportunity to replace the Galvin
Middle School under the MSBA agreed upon terms, it would have to start the process over
again with no guarantee that the MSBA would accept the proposed project back into the
program. In addition, a delay in moving forward with the project will only increase its cost in
the future and make it harder to obtain as envisioned in this plan. Voters will need to
authorize the total project cost at both the Special Town Meeting No. 1 and by ballot vote, but
this will be mitigated by the proportional MSBA reimbursement and the fact that contingency
funds authorized in this article may or may not be necessary depending on prevailing
conditions.
The project, as an MSBA accepted project, will have careful transparent oversight at every
stage by the MSBA itself, construction professionals, and local officials. This level of oversight,
increases the likelihood of an on-target delivery of the new school and improved grounds
within the budget proposed. The financial framework developed to pay for this project has
been carefully considered to minimize the tax burden on residents and businesses while
maximizing the ability to leverage the Town’s financial resources wisely to complete this
project.
CONCLUSION
This project to replace the Galvin Middle School and improve its grounds will represent an
investment in the students of Canton and in the community itself. Every detail of the project
was closely considered and reviewed by town officials and the entire qualified, reputable, and
trusted project team of construction professionals, in consultation with stakeholders, and
reviewed and approved by the MSBA. Educational programs that will be in the new school,
community uses for the building and site, building and space needs and requirements, traffic
flow on and around the site, disruption to students during the project, and all other aspects of
the project have been considered to provide the best outcomes possible within a reasonable
budget. The plan to finance this project will minimize the tax impact on residents and
commercial owners while delivering a superior middle school for all to use. This investment will
help retain the Canton Public Schools district as a great and competitive place for students to
attend and for parents and other residents to live. In addition, those who do not currently
have students attending the Canton Public Schools can enjoy the public areas that will also be
available for a wide range of uses. A strong public school system is at the heart of a
community and this project will contribute to Canton’s overall position as a desirable place to
live and, by extension, a great place to have economic development that benefits us all. The
Finance Committee has taken into careful consideration the design, costs, benefits, finances,
and risks of this proposed project to replace the Galvin Middle School. The committee is
confident that this project will produce the best result for the Canton Public Schools and the
community as a whole and a school building and grounds that will yield its benefits in the
coming decades.
APPROVED__________DISAPPROVED__________
- 14 –Source page 15
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Town of Canton
Commonwealth of Massachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and
warn the inhabitants of the Town of Canton to meet at Morse Auditorium, on the grounds of
the Canton High School, 900 Washington Street in said town on;
SPECIAL TOWN MEETING
MONDAY, THE EIGHTEENTH DAY
OF NOVEMBER 2024
At seven-thirty o’clock (7:30 P.M.) in the evening at which time and place the following
articles are to be acted upon:
ARTICLE 1
ADOPT THE RULES TO GOVERN SPECIAL TOWN MEETING
Article 1 To see if the Town will vote to adopt certain procedures to govern the conduct of the 2024
Special Town Meeting; or to take any other action related thereto.
Select Board
FINANCE COMMITTEE MOTION
MOTION 1
MOVED: This Special Town Meeting is the second of two Special Town Meetings on the
same day, accordingly, this Special Town Meeting shall hereafter be referred to as Special Town
Meeting No. 2 and that this 2024 Special Town Meeting No. 2 shall meet on Monday, November
18, 2024, to begin at 7:30 o’clock P.M. and if necessary on Wednesday, November 20, 2024, to
begin at 7:00 o’clock P.M. and if necessary the Monday and Wednesdays thereafter at 7:00
o’clock P.M. in the Morse Auditorium, on the grounds of the Canton High School until the
business of this Special Town Meeting No. 2 has been concluded, and to adjourn at 11:00
o’clock P.M., or as near that hour as may be feasible, according to the nature of the business
pending at the said hour.
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends this
motion. Motion 1 will establish the meeting schedule for the Autumn 2024 Special Town Meeting (STM
NO. 2) as the two nights of Monday, November 18, 2024, and Wednesday, November 20, 2024, and then
each subsequent Monday and Wednesday, at the Morse Auditorium of Canton High School until the
business of the STM No. 2 is concluded. The schedule will allow for a timely and efficient process to
deliberate the articles at the STM No. 2 without any delay while reasonably avoiding the Thanksgiving
holiday and associated long weekend.
APPROVED__________DISAPPROVED__________
- 15 –Source page 16
SPECIAL TOWN MEETING NOVEMBER 18, 2024
MOTION 2
MOVED: That the following individuals be granted all of the rights and privileges of
participation in this Special Town Meeting No. 2, except the right to vote, under any article of
this warrant which affects matters within their jurisdiction:
Alyssa Chantani, Project Manager, LeftField
Steve Choiniere, Supervisor of Facilities and Grounds
Paul R. DeRensis, Town Counsel, Brooks & DeRensis
Jeremiah Driscoll, Project Manager, Consigli Construction
Timothy Ericson, Consigli Construction Co., Inc.
Paul Feeney, State Senator
Derek Folan, Superintendent of Schools
Louis Jutras, Information Systems Manager
Arafat Knight, Veterans’ Agent
Karen Lawlor, Administrative Assistant, Canton Planning Board
Alfons Koka, Town Engineer
Linda Liporto, Director of Interiors, LeftField
Brian M. Lynch, Assistant Superintendent of Finance and Operations, School
Brian Lynch, Director of Facilities and Grounds/Maintenance
Stephen Lynch, Representative in Congress
M. Regen Milani, Conservation Commission Agent
Kristy Lyons, Consigli Construction Co., Inc.
Jonathan Mulhern, Principal, William H. Galvin Middle School
William O’Rourke, Project Executive, Consigli Construction Co., Inc.
Jonathan Quell, Associate, Project Manager, Ai3
Tyler Radicioni, Parks & Recreation Director
Helena Rafferty, Police Chief
Barbara Reardon, Board of Health Director
E. Wendell Robery, Fire Chief
William Scollins, Finance Director
Patricia Sherrill, Deputy Police Chief
Justin Thibeault, Principal, Project Architect, Ai3
Taylor Torres, Town Planner
Michael Trotta, Superintendent of Public Works
Diane Tynan, Director of the Department of Elder & Human Services
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee unanimously recommends this
motion. As non-residents are not otherwise legally allowed to speak at a Town Meeting, this motion will
allow the listed non-residents of Canton to legally speak and have other non-voting privileges on matters
before this Special Town Meeting No. 2 as needed. This motion formalizes Town Meeting procedures that
have been followed at past Town Meetings.
APPROVED__________DISAPPROVED__________
- 16 –Source page 17
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 2
APPROPRIATION FOR NEPONSET WATER TREATMENT FACILITY REPLACEMENT
FILTRATION SYSTEM
Article 2 To see if the Town will vote to raise and appropriate, transfer from any available
funds or borrow pursuant to any applicable statute, a sum of money to be spent by the
Finance Director (in his capacity as Chief Procurement Officer) with the approval of the
Department of Public Works Superintendent and the Select Board for the purpose of designing,
permitting, and constructing a granular media filtration and ancillary treatment system
modification to the Neponset Water Treatment Facility, or take any other action related
thereto.
Select Board
Select Board Position: The Select Board vote unanimously to support the Appropriation of
$4,200,000 for the Water Treatment Facility Replacement Filtration System. (Vote: 5-0).
MOVED: That Four Million Two Hundred Thousand Dollars ($4,200,000) be
appropriated to be spent by the Finance Director (in his capacity as Chief
Procurement Officer) with the approval of the Department of Public Works
Superintendent and the Select Board for the purpose of the replacement of the
ultrafiltration membrane racks at the Neponset Water Treatment Plant with a
granular media pressure system, including all costs incidental or related thereto;
and that to meet said appropriation the Town Treasurer with the approval of the
Select Board be authorized to borrow Four Million Two Hundred Thousand Dollars
($4,200,000) and issue bonds and notes of the Town therefor under G.L. c.44, s.8, or
any other enabling authority; and further, that while such bonds and notes shall be
general obligations of the Town, it is the intent that the said bonds and notes issued
pursuant to this authority be repaid in the first instance from water revenues.
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports Article
2 of the Special Town Meeting No. 2 which would authorize the replacement of the
filtration system currently in use at the Sullivan Water Treatment Facility, with a new
less costly and more efficient filtration system. It should be noted that the
Sullivan Water Treatment Facility is referred to as the “Neponset Water Treatment
Facility” in the Special Town Meeting No. 2 article. The facility is located on
Neponset Street and the two names refer to the same facility.
The Town has contracted the services of an engineering consulting firm (Bristol
Engineering Advisors, Inc.) to conduct a status report and to recommend long-term
modifications for the Sullivan Water Treatment Facility’s filtration system. That treatment
facility has been online since 2013 and is an important part of the Town’s water supply
infrastructure that helps ensure the quality and safety of the water used in Canton. At
the time that the plant came online, the membrane ultrafiltration rack system installed in
it was hailed as a cutting-edge technology and was thus included in the design.
However, experience over time has demonstrated that this system is inefficient and
expensive to operate and maintain. The system is also now aging, which will only worsen
the inefficiencies and the costly maintenance required to ensure its operation going forward.
Canton’s municipal water supply comes from a combination of local public wells and
water purchased from the Massachusetts Water Resources Authority (MWRA). The two
water treatment facilities in Canton treat water from the local public wells. The
Sullivan Water Treatment Facility has operated below capacity in recent years due to
the aforementioned issues, which has forced the Town to purchase more water from the
MWRA to make up for this water shortage at a significant additional cost to the Town’s Water
Enterprise, which is paid for through water rates.
- 17 –Source page 18
SPECIAL TOWN MEETING NOVEMBER 18, 2024
The replacement of this water filtration system has been studied and the recommended
system is expected to be more efficient, more reliable, and less costly. A granular media
pressure vessel filtration system, similar to the one proposed for the Sullivan Water Treatment
Facility in this Special Town Meeting No. 2 article, is already in use at the Moran Water
Treatment Facility (off of Pecunit Street) and it has been proven to have better results. This
proposed system will ensure that the Sullivan Water Treatment Facility will serve the Town’s
water supply needs with more cost effectiveness while delivering safe water to users. The
project is designed to minimize the scope of the system replacement as much as possible to
reduce the cost impact of the project. The current filtration system in the Sullivan Water
Treatment Facility will continue to operate during as much of the project as possible until the
new system is ready. However, the facility will need to be offline during certain stages of the
project, which will lead to a temporary increase in water purchases from the MWRA to offset
the loss of local water from the facility before the new system reduces the Town’s demand for
MWRA water in future years after completion.
This approximately two-year project will require an appropriation of $4,200,000 approved by
Town Meeting that will include a borrowing by the Town and will be paid through the water
revenue that funds the Town’s Water Enterprise Fund. The Finance Committee recognizes that
the cost of this project will be offset in the long-term by the savings that this upgrade will
produce – in terms of reduced operating and maintenance costs but also in the reduced need
to purchase outside water from the MWRA at a greater cost than using our own local water. It
will also help protect water users from unnecessary potential water rate increases that can
create cost burdens to residential and commercial water users in Canton. The new filtration
system and the related increase in facility capacity will make this project pay for itself in future
years and lead to long-term savings for the Water Enterprise. The Finance Department
believes that this is the best strategy to make the water system cost effective without
compromising water safety.
CAPITAL PLANNING DISCUSSION: The Capital Planning Committee supports this request
6-0-0. This capital request will be funded from the water enterprise retained earnings and or
water enterprise debt service. The ultrafiltration (UF) system at the Sullivan water treatment
plant is not functioning properly and is complex to maintain and control. The water
department performed an eight month review of the SCADA controls, filter integrity, and
membrane process. This review was completed by a technical team versed in the design and
operation of water treatment plants (WTP). The Team concluded that even with extensive
rehabilitation, given the complexity of the UF process, O&M costs, and maintenance downtime,
the most cost-effective long-term strategy for Canton is to replace the UF process with a
granular media pressure vessel system similar to that in operation at Pecunit St WTP. The
granular system is more cost-effective to maintain and control. There will be periods during
construction where shut down of Neponset water supply are required and water purchased
from MWRA will be necessary. Cost of the water purchased during the project is conservatively
estimated at $2,500,000 and will be covered by the department’s operational funds.
APPROVED__________DISAPPROVED__________
- 18 –Source page 19
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 3
SET SALARY OF TOWN CLERK
Article 3 To see if the Town will vote, in accordance with the provisions of section one
hundred and eight of chapter forty-one (G. L. chapter 41, §108) to fix the salary and
compensation of the elected Town Clerk of the town; or to take any other action related
thereto.
Select Board
Select Board Position: The Select Board voted unanimously to support the corrected salary for
the Town Clerk. (Vote: 5-0).
MOVED: That the salary and compensation for the Town Clerk be fixed
at $122,541.64 for the 2025 Fiscal Year beginning July 1, 2024 through June 30,
2025.
FINANCE COMMITTEE VOTE: 5-0
DISCUSSION: This article is to correct a typographical error for the Town Clerk’s salary and
compensation set under Article 7 of the 2024 Annual Town Meeting. Per Article 7 of the 2024 Annual
Town Meeting, the salary and compensation for the Town Clerk was approved at $107,223.03. However,
this amount was incorrect. The correct amount is $122,541.64 and was previously supported and voted
favorably by the Select Board and Finance Committee, as well as voted at the 2024 Annual Town Meeting
under the Budget Article 37. As such, there is no financial impact to the Town. Town Counsel stated
that the above is a technical correction and should be voted on, so it is transparent.
The Finance Committee unanimously supports this motion.
APPROVED__________DISAPPROVED__________
- 19 –Source page 20
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 4
ADJUST FISCAL ’25 ACCOUNTS
Article 4 To see if the Town will vote to increase/decrease or otherwise adjust the
appropriations heretofore made for the Fiscal Year 2025 beginning on July 1, 2024 and ending
on June 30, 2025 and the revenue sources to meet those appropriations, as voted pursuant to
Article 37 of the warrant for the 2024 Annual Town Meeting, and to raise and appropriate, or
borrow pursuant to any applicable statute, transfer from available funds or transfer from Free
Cash to meet any such increases or adjustments; or to take any other action related thereto.
Select Board
Select Board Position: The Select Board voted unanimously to support the $222,244
supplement to the School Department Budget voted under Article 27. (Vote: 5-0).
MOVED: That Two Hundred Twenty Two Thousand Two Hundred Forty Four
Dollars ($222,244) be raised and appropriated from FY25 State Aid to the Town to
supplement the voted School Department Budget voted under Article 37 of the
warrant for the May 2024 Annual Town Meeting.
FINANCE COMMITTEE VOTE: 5-0
DISCUSSION: The Finance Committee voted unanimously to accept an increase in the FY 25
budget totaling $222,244. These funds will supplement the School Department budget voted
under Article 37 of the warrant from the May 2024 ATM. The increase in State Aid is the result
of the State Budget signed by the Governor in July 2024, one month into the Town's FY 2025
Budget. The Town received a revised Cherry Sheet at the end of July which consisted of four
changes resulting in a net sum increase of $222,244 for FY 2025.
APPROVED__________DISAPPROVED__________
- 20 –Source page 21
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 5
APPROPRIATION TO INCREASE SPECIAL EDUCATION RESERVE ACCOUNT
Article 5 To see if the Town will vote to raise and appropriate or transfer from any available
funds or borrow pursuant to any applicable statute, a sum of money in order to increase any
Special Education Reserve Account or to take any other action related thereto.
Select Board for the School Committee
Select Board Position: The Select Board voted unanimously to support the $1,600,00 transfer
from Free Cash $1,600,000 to the Special Education Reserve Account. (Vote: 5-0).
MOVED: That the sum of One Million Six Hundred Thousand Dollars
($1,600,000) be appropriated to the Special Education Reserve Account (#250) and
to meet this appropriation, One Million Six Hundred Thousand Dollars ($1,600,000)
be transferred from Free Cash (Undesignated Fund Balance) in the Treasury of the
Town.
FINANCE COMMITTEE VOTE: 5-0
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to
support Article 5 of the Special Town Meeting No. 2 to transfer the sum of One Million Six
Hundred Thousand Dollars ($1,600,000) from Free Cash to the Special Education Reserve
Account (#250). The Committee acknowledges that Special Education costs are inherently
challenging to predict and therefore the Reserve Fund protects the School District in the event
that costs are unexpectedly higher than anticipated. The unanticipated costs of special
education in FY24 required a higher than expected use of this reserve fund at Fiscal Year End
that drew from the FY25 funding that was approved at ATM 2024 in May. This proposed
appropriation will recharge the fund to better ensure that reserve funding is available if
needed by the Canton Public Schools during FY25.
APPROVED__________DISAPPROVED__________
- 21 –Source page 22
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 6
AMEND ZONING BY-LAW SECTION 11.0
Article 6 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with
new word definitions being incorporated into the existing text in order alphabetically with the
existing word definitions:
1. By amending the definition of “Accessory Apartment” as follows:
Accessory Apartment: A secondary dwelling unit located within a detached single-family
dwelling. The accessory apartment shall be subordinate in size to the principal unit and
separated from it in a manner that maintains the appearance of the structure as a single-
family house. A preexisting nonconforming dwelling unit created in a single-family
dwelling by special permit granted by the zoning board of appeals and recorded at
the Norfolk county registry of deeds prior to the adoption of An Act Relative to the
Affordable Homes Act by the 193rd Massachusetts General Court on August 6, 2024.
2. By amending the definition of “Accessory Building” as follows:
Accessory Building Structure: A subordinate building structure located on the same lot as
the main, or principal building or principal use, the use of which is customarily incidental to
that of the principal building or use of the land.
3. By adding the definition of “Lot Coverage” as follows:
Lot Coverage: The portion of a lot, expressed as a percentage, that is occupied by buildings
or structures, including accessory structures.
4. By adding the definition of “Accessory Dwelling Unit” as follows:
Accessory Dwelling Unit: A secondary dwelling unit, but not a mobile home, located either
within or on the same lot as a detached single-family dwelling. The accessory dwelling unit
shall be subordinate in size to the principal dwelling unit and separated from it in a manner
that maintains the appearance of the structure as a single-family house.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 11.0, Definitions, be amended as set forth in
the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION:
The Finance Committee recommends that the motion presented by the Planning Board to Town
Meeting for Special Town Meeting No. 2 Article 6 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: The public hearing for Article 6 was held by the
Planning Board on October 11, 2024. The Town Planner introduced the article and explained
the proposed changes. This article is an update to the Definitions section. The Board had no
questions and took a vote to send a positive recommendation, which carried 4-0-0 (Kathy
Gibbs McCormack absent). Later in the meeting the Board voted 5-0-0 to close the public
hearing on Article 6.
- 22 –Source page 23
SPECIAL TOWN MEETING NOVEMBER 18, 2024
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board
motion to recommend Article 6 (Amend Zoning By-law Section 11.0) of the Special Town
Meeting No. 2. State law regarding accessory dwelling units has changed (An Act Relative to
the Affordable Homes Act – Session Laws, Acts 2024, Chapter 150) and there needs to be
amendments in the Town’s Zoning By-laws to reflect this change.
This article would amend the Zoning By-law, Section 11.0 to amend the definitions regarding
accessory dwelling units. This includes redefining “Accessory Apartments” to be legacy zoning,
as only those that legally existed prior to the passage of the new state law in August 2024
would be allowed under that old definition. Further, the term “Accessory Building” will be
renamed to become “Accessory Structures” to better differentiate an accessory building
(such as garages) from these accessory dwelling structures that would be an attached,
or potentially detached, dwelling unit on a single-family dwelling. In addition, a definition
for lot coverage, including accessory structures, would be added. Finally, a specific
definition for “Accessory Dwelling Units” would be included that defines such a unit as
subordinate in size to the principal dwelling unit and separated from it in a way that
maintains the appearance of a single-family house.
This amendment to the Town’s Zoning By-laws will help ensure that they conform to state
law while also better redefining accessory dwelling units for future development in
Canton. Accessory dwelling units have the potential to allow more diverse housing options
for residents while also creating more opportunities for municipal revenue. Consequently,
having zoning laws that clearly define them will be helpful to the Town and its residents
going forward.
APPROVED__________DISAPPROVED__________
- 23 –Source page 24
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 7
AMEND ZONING BY-LAW SECTION 4
Article 7 To see if the Town will vote to amend Zoning By-law Section 4 as follows, with
bolded and underlined language indicating changes, or take any other action related thereto:
SECTION 4.0 DIMENSIONAL REQUIREMENTS
4.1 GENERAL
4.1.1 Compliance Required. In each district, no land shall hereafter be used, occupied
or changed and no structure or building shall hereafter be erected, altered, moved or used or
occupied unless it complies with the provisions set forth in the Table of Dimensional
Requirements, except as provided in G.L. c. 40A, s. 6 for non-conforming circumstances.
Variations and exceptions from these minimum requirements may be specifically provided
elsewhere in this By-law.
4.1.2 Reduction of Occupied Lots. No lot on which a building is located in any district
shall be reduced or changed in size or shape so that the building or lot fails to comply with the
lot area, frontage, coverage, setback, yard or other provisions of this By-law applicable to the
construction of said building on said lot. This prohibition shall not apply, however, when a
portion of a lot is taken or conveyed for a public purpose.
4.1.3 Limitation on Dwellings. Not more than one building constructed as a dwelling, or
so used, shall be located on any lot except as provided by Section 8.0 Special Residential
Regulations that a multifamily dwelling may, subject to the conditions of a special permit, be
authorized to consist of more than one building on a lot. See Section 8.2.
4.1.4 Table of Dimensional Requirements – Residence Districts
REQUIRED SRAA SRA SRB SRC GR
Min. Lot Size (sq. ft.) 45,000 30,000 15,000 10,000 10,000
Min. Non-wetland Area 30,000 20,000 12,000 7,500 7,500
(sq. ft.)
Lot Width (through the 200’ 150’ 115’ 100’ 100’
principal dwelling)
Lot Frontage and 125’ 100’ 100’ 100’ 100’
frontage lot width (ft.)
Max. Lot Coverage (%) 25 25 25 25 30
All Dwelling Units
Front Yard Setbacks 60’ 40’1 30’1 30’ 1 30’ 1
Rear Yard Setbacks 35’ 35’ 35’ 35’2 35’2
Side Yard Setbacks 40’ 20’ 15’ 10’ 10’
Maximum Height 1 25’ 25’ 25’ 25’ 25’
Accessory Structures (Non-Dwelling)
Accessory Structure 60’ 40’ 30’ 30’ 30’
Front Yard Setbacks
1
See Section 4.3.6 for exceptions
- 24 –Source page 25
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Accessory Structure 20’ 20’ 5’ 5’ 5’
Rear Yard Setbacks
Accessory Structure 20’ 20’ 5’ 5’ 5’
Side Yard Setbacks
Maximum Height 15’ 15’ 15’ 15’ 15’
160’ for properties along Turnpike Street
225’ for enclosed single-story porch
4.1.5 Table of Dimensional Requirements – Nonresidential Districts
REQUIRED B CB LI I
Min. Lot Size 1.5 acres
Lot Width (through the
principal building)
Lot Frontage and frontage 100’ 100’
lot width (ft.)
Max. Lot Coverage (%) 90 50 90 40 50
Principal Building
Front Yard Setbacks 25’1 15’ 60’ 60’
Rear Yard Setbacks 2 5 5’ 25’7,8 10’7,8
Side Yard Setbacks 5 5’ 25’7 20’7,8
Maximum Height 3 40 40 40 40
Accessory Structure
Accessory Structure Front 25’ 15’ 60’ 60’
Yard Setbacks
Accessory Structure Rear 5’ 5’ 5’9 5’9
Yard Setbacks
Accessory Structure Side 5’ 5’ 5’9 5’9
Yard Setbacks
Maximum Height 15’ 15’ 15’ 15’
(Footnotes 1 and 2 are found in Section 4.1.4)
735’ when rear property line abuts residential district or a lot with a residential
building as the primary structure
835’ if side yard abuts a railroad right-of-way
9Only for accessory structures less than 15’ in height
4.1.6 Notes to Tables of Dimensional Requirements. The following notes shall be
construed as requirements of this By-Law.
1. Computation of Non-Wetland Area. In computing the "Non-Wetland Area" required
for a Residential Lot, no portion of any brook, creek, stream, river, pond, lake or
reservoir or portion thereof, nor any freshwater wetland as defined by the
Massachusetts Wetlands Protection Act, MGL Chapter 131, Section 40, not any
2
Setback shall be no less than thirty-five (35) ft. when rear property line abuts residential district or
a lot with a residential building as the primary structure
3
See Section 4.3.4 for exceptions
- 25 –Source page 26
SPECIAL TOWN MEETING NOVEMBER 18, 2024
portion of a way or street, as defined by the By-law may be included in the
minimum required Non-Wetland Area.
2. Not Used Dwellings in Business Districts - Area Required. In a Business District,
no building shall be constructed or used as a dwelling on a lot having less lot area than
the amount required for its construction in the abutting Residential District (or, where
more than one such district abuts, in the particular district nearest to the building in
question).
3. Residential Accessory Structures on Residential Lots (Non-Dwelling).
a. Permitted and required accessory uses to residential properties shall be on
the same lot of record as the principal use to which they are necessary and
shall be such as not to alter the character of the premises on which it is
located.
b. On lots less than three acres, no freestanding residential accessory
structure building shall occupy part of the required Front Yard.
c. In no case shall an accessory structure be allowed that is larger in size or
height than the principal building.
d. See the Table of Dimensional Requirements – Residence Districts for rear
and side setbacks (Section 4.1.4)
e. Residential accessory building size may not exceed the size and number
requirements outlined below 4 5
Lot Size Maximum Maximum number Maximum total
individual of accessory accessory
accessory structures structure area
structure building
footprint
Less than ½ acre No greater than 800 3 1,000 s.f.
sq. ft.
½ an acre to 1 acre No greater than 4 1,000 s.f.
1000 sq. ft.
1 acre to 3 acres No greater than 4 2,000 s.f.
1,500 sq. ft.
3 or more acres Must be smaller than No specific limit, lot No specific limit, lot
principal building, coverage applies coverage applies
may be located in
any yard(front, side,
or rear)
4.2 SPECIAL REGULATIONS
4.2.1 Setbacks.
1. Determination of Setback. For the purposes of this Section, the required setback
distance shall be measured from the nearest exterior line of the street in question,
provided, however, that where the street has a right-of-way width of less than forty
(40) feet, the setback distance shall be measured from a line on the lot twenty (20)
feet from and parallel to said center line.
4
Ground mounted solar panels are exempt from footprint size limitations of this Section 4.1.6, but not lot
coverage limitations.
5
Historic storage or accessory structures on properties identified on the Massachusetts Cultural Resource
Information System (MACRIS) or by the local or state Massachusetts Historical Commissions will not
count towards maximum allowable square footage for the purposes of adding new accessory structures:
however, expanding an existing historic structure will be counted towards the allowable square footage.
- 26 –Source page 27
SPECIAL TOWN MEETING NOVEMBER 18, 2024
2. Setback Exceptions. In all districts (except where subject to the provisions hereof
on "Corner Clearance"), a building may be constructed as near to the line of any street
as the average of the set-backs of the dwellings or other main buildings nearest
thereto on either side of the building in question. Where, in determining the average
setback, the nearest main building on either side is more than three hundred (300)
feet from the building in question, such side building shall not be counted, but instead
the intervening space shall be considered as though occupied by a main building
having the required setback (whether or not said space is laid out as a separate lot).
3. Setback for Other Uses. In all districts, no open storage or display of goods,
products, materials or equipment, and no gasoline pump, vending machine or similar
commercial device, and no sign over one square foot in area (except above a height of
ten feet) shall be located nearer to the line of any street than either fifteen (15) feet
or the permitted setback distance for a building on the lot, whichever distance is the
lesser.
4. Side Yard Exceptions. On an existing lot in a Residential District specifically
exempted from the lot width requirements hereof pursuant to G.L. c. 40A, s. 6, para.
4, the required side yard width for a dwelling or other main building may be reduced
one foot for each ten (10) feet by which the width of said lot is less than the minimum
specified for its district, such width being measured across the lot at the required
setback line or through that part of the building where the lot Is narrowest, whichever
distance is the greater; provided, however, that the side yard distance shall not be so
reduced to less than sixty (60) per cent of the required minimum.
5. Railroad Right-of-Way. Where a lot line abuts a railroad right-of-way, the
setback of that side shall be no less than thirty-five (35) feet.
4.2.2 Projections.
1. Nothing herein shall prevent window sills, belt courses, eaves, chimneys and
cornices not exceeding eighteen (18) inches in width from projecting into any required
yard or other required open space nor uncovered steps and unroofed porches from
projecting six (6) feet into required side yard width or ten (10) feet into required set
back distance or required rear yard depth.
2. No unconditioned, single story, roofed porch shall project more than eight (8) feet
into the required front yard setback, or more than ten (10) feet into the required
rear yard setback.
4.2.3 Corner Clearance. In all Residential District, no building shall be constructed within
the triangular area formed by the exterior lines or intersecting streets and a line joining points
on such lines twenty-five (25) feet distant from their point of intersection (or, in the case of a
rounded corner, the point of intersection of their tangents), and no structure other than a
building, no tree, shrub or other planting, and no open display, storage or other open use shall
be located within said triangular area in such a manner as to interfere with traffic visibility
across the corner.
4.2.4 Corner Lots. In all Residential Districts, in the case of a corner lot, no dwelling
structure shall be constructed so as to be nearer to the line of any street than the "Required
Front Yard Setback Distance" or nearer to the side lines or rear lines of its lot than the
"Required Rear Yard Depth" specified for the district in which the corner lot is located.
1. With respect to side and rear yards of a corner lot, the side opposite the Post Office
address front setback shall be considered a "Rear Yard" and the side opposite the
other front setback shall be considered a "Side Yard". All setback distances shall
comply with the required distances specified for the district in which the corner lot is
located.
- 27 –Source page 28
SPECIAL TOWN MEETING NOVEMBER 18, 2024
4.2.5 Swimming Pools. In all residential districts no swimming pools shall be placed so as
to be nearer the line of any street than the required setback distance for the main building in
that district. In all residential districts no swimming pools shall be placed nearer than 10 feet
from any abutting property lines.
4.2.6 Not Used Hotel or Motel. A hotel or motel shall be a permitted use by special
permit if located on a lot containing not less than two (2) acres in a non-residential zone.
4.2.7 In-patient Medical Facilities: Hospitals, Long-term care Facilities, or Substance
Abuse Detoxification or Treatment Centers.
1.General: An in-patient medical facility, hospital, long-term care facility, or substance abuse
detoxification or treatment center may be allowed by special permit from the Zoning Board of
Appeals upon determination that all of the conditions set forth below have been met. The
following conditions are the minimum which must be met for the approval of a Special Permit.
This list is not intended to exclude the imposition of any additional conditions by the Zoning
Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall
be subject to Section 4.2.7.
2.Infrastructure
a. Water and Sewer. The facility shall be connected to municipal water and
sewer systems. All costs associated with the extension of these services shall
be borne by the developer or applicant.
b. Roads. All newly created traveled ways shall be privately maintained with
respect to roadway upkeep and snow and ice removal.
c. Refuse. Collection and disposal of all refuse shall be provided privately.
d. Utilities. All utilities on the site shall be installed underground pursuant to
approved methods of installation and construction.
e. Safety. The facility shall have an integrated emergency call, security,
telephone, and other communication system to provide monitoring for
its residents and direct line connection to the Canton Fire Department.
f. Open Space. At least twenty percent (20%) of the parcel shall be open space,
which is any land not containing a building, structure, or impervious surface
material. The open space shall have a shape suitable to assure its use for areas
of scenic beauty, landscaping and/or useable recreational purposes. At least
ten percent (10%) of the open space shall be for recreational use by patients and
visitors, such as looped pathways, settings for physical therapy, play-
ground, courtyard, or gardens for walking. Outdoor areas should be visible
from patients’ rooms, interior public spaces and corridors. Seventy-five
percent (75%) open space shall be contiguous, and no piece shall be included
in the calculation of open land unless at least two hundred square feet in size.
Preserving existing stands of trees, trees at site perimeter, and contiguous
vegetation with adjacent sites are a priority.
g. Bonding procedures and requirements for roadways, utilities, structures, and
site amenities for a facility shall be the same as those established by the
Planning Board for subdivisions in the Town of Canton.
3. Dimensional Regulations
Hospital, Long-term care facility, or Substance Abuse Detoxification or Treatment
Center
Dimensional Regulations
Minimum Lot Size 1.Six to ten beds:21,780 square feet (0.5
acre).
2.Eleven to 20 beds: 43,560 square feet (1
acre).
3.Every ten beds (or fraction thereof) over 20
beds: 21,780 square feet (0.5 acre).
- 28 –Source page 29
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Minimum Non-wetland Area Same as minimum lot size.
Lot Width 200 feet
Frontage (ft.) 100 feet
Lot Coverage (%) 25
Open Space (%) 20
Setbacks Determined by underlying zone
Proximity to existing residential zone 500 feet
Proximity to existing hospital, long-term 500 feet
care facility, or substance abuse
detoxification or treatment center
Maximum Number of Beds 115 beds
Maximum Height 40 feet or 3 floors, whichever is less
4. Landscaping Requirements
a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense
natural growth or landscaping. Plant materials characterized by dense growth which will form
an effective year-round screen shall be planted to form the screen. Screening shall consist of
natural materials. To the extent practical, existing trees and vegetation shall be retained and
used to satisfy the provisions of this section. All required plant material shall be maintained by
the owner in healthy condition and replaced with new plantings whenever necessary to insure
continued compliance with screening requirements.
a. All outdoor refuse collection and loading areas shall be screened from adjoining streets
and abutting properties by a visually impermeable six foot high landscape screen or fence.
b. All parking areas shall be screened from adjoining streets and abutting properties.
4.2.8 Out-patient Only Medical Facilities: Healthcare Facilities/Clinics or Out-patient
Substance Abuse Detoxification or Treatment Centers.
1. General: An out-patient healthcare facility/clinic or out-patient substance abuse
detoxification or treatment center may be allowed by special permit from the Zoning Board of
Appeals upon determination that all of the conditions set forth below have been met. The
following conditions are the minimum which must be met for the approval of a Special Permit.
This list is not intended to exclude the imposition of any additional conditions by the Zoning
Board of Appeals or the Planning Board. In-patient facilities with out-patient components shall
be subject to Section 4.2.7.
2. Infrastructure
a. Water and Sewer. The facility shall be connected to municipal water and sewer
systems. All costs associated with the extension of these services shall be borne by
the developer or applicant.
b. Roads. All newly created traveled ways shall be privately maintained with respect to
roadway upkeep and snow and ice removal.
c. Refuse. Collection and disposal of all refuse shall be provided privately.
d. Utilities. All utilities on the site shall be installed underground pursuant to approved
methods of installation and construction.
e. Safety. The facility shall have an integrated emergency call, security, telephone, and
other communication system to provide monitoring for its residents and direct line
connection to the Canton Fire Department.
f. Bonding procedures and requirements for roadways, utilities, structures, and site
amenities for a facility shall be the same as those established by the Planning Board
for subdivisions in the Town of Canton.
3. Dimensional Regulations
Hospital, Long-term care facility, or Substance Abuse Detoxification or Treatment
Center
Dimensional Regulations
Minimum Lot Size Determined by underlying zone
- 29 –Source page 30
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Minimum Non-wetland Area Same as minimum lot size.
Lot Width 200 feet
Frontage (ft.) 100 feet
Lot Coverage (%) 25
Setbacks Determined by underlying zone
Proximity to existing residential zone 500 feet
Proximity to existing healthcare facility/ 500 feet
clinic or out-patient substance abuse
detoxification or treatment center
Maximum Height 40 feet or 3 floors, whichever is less
4. Landscaping Requirements
a. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of
dense natural growth or landscaping. Plant materials characterized by dense growth
which will form an effective year-round screen shall be planted to form the screen.
Screening shall consist of natural materials. To the extent practical, existing trees and
vegetation shall be retained and used to satisfy the provisions of this section. All re-
quired plant material shall be maintained by the owner in healthy condition and re-
placed with new plantings whenever necessary to insure continued compliance with
screening requirements.
c. All outdoor refuse collection and loading areas shall be screened from adjoining
streets and abutting properties by a visually impermeable six-foot-high landscape
screen or fence.
d. All parking areas shall be screened from adjoining streets and abutting properties.
4.2.9 Retaining Walls Along Scenic Ways. Retaining walls along frontage facing a scenic
way (in any district) 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 along
frontage facing a scenic way (in any district) shall be terraced and landscaped.
Retaining walls along frontage facing a scenic way (in any district) shall be solid
fieldstone or fieldstone veneer or other similar material or appearance, and vertical
cast in place concrete or concrete blocks shall not be permitted.
4.3 HEIGHT REGULATIONS
4.3.1 Maximum Height of Buildings. In all districts, no building shall be constructed to
exceed the "Maximum Height" specified in tables 4.1.4 and 4.1.5 except as provided
below in section 4.3.
District Maximum Height
Residence AA 25 ft plus one foot for each additional foot by
Residence A which: (a) the setback exceeds the required
Residence B setback distance, or (b) the narrower side
Residence C width, or (c) rear yard depth, whichever of
General Residence the three additional distances is the smallest;
provided, however, the height shall not in any
case exceed 40 feet.
Limited Industrial 40 feet or four stories, whichever is lower
Industrial 52 feet or four stories by Special Permit
Business 40 feet
4.3.2 Height Determination of Structures and Buildings. Maximum building height
shall be determined in accordance with the Massachusetts State Building Code.
- 30 –Source page 31
SPECIAL TOWN MEETING NOVEMBER 18, 2024
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.
4.3.3 Exception for Structures Not Used for Human Occupancy. Structures erected on
a building and not used for human occupancy, such as chimneys, heating, ventilating or air
conditioning equipment, solar or photo-voltaic panels, elevator housings, antennas, skylights,
cupolas, spires and the like may exceed the maximum height of building in feet provided that
no part of the structure is more than fifteen (15) feet higher than the upper elevation of the
building and the total horizontal coverage of such structures on the building does not exceed
twenty-five (25) percent.
4.3.4 Exception for LI or I Districts. In a Limited Industrial District or Industrial District,
the Board of Appeals may, in a specific case, issue a special permit to allow a maximum height
of fifty-two feet (52') for a building, notwithstanding the height limits otherwise set forth in
Section 4.0, in accordance with the following provisions
1. The maximum height for any building may be increased by one foot for each two
feet by which the required setback otherwise required under Section 4.1; and
2. The maximum increase in allowable height available hereunder shall be twelve
feet, so that in no event shall the maximum height of any building exceed fifty-two
feet (52’) (except for non-habitable structures as provided in Section 4.4) or provide
for more than four stories, and
3. The required side yard width for any building that exceeds forty (40) feet in height
shall not be less than sixty feet (60’), and
4. The minimum lot area for any building that exceeds forty (40) feet shall be eight
(8) acres, and
5. The provision of this Section 4.3.4 shall not apply to any above grade structured
parking
4.3.5 Additional Height Limitation Where Side Yard Exception. Where the side yard
width for a main building in a Residential District is reduced below the minimum specified for
its particular district by an authorized side yard exception (as permitted in Section 4.2.135),
no portion of said main building nearer to the side line of its lot than the specified side yard
distance shall exceed fifteen feet (15’) in height.
4.3.6 Exception for Residence Districts. The maximum height for dwelling
structures in all Residence Districts shall be twenty-five (25) feet plus one foot for
each additional foot by which: (a) the front yard setback exceeds the required front
yard setback distance, or (b) the side yard setback exceeds the narrower side yard
setback distance, or (c) the rear yard setback exceeds the required rear yard
setback distance, whichever of the three additional distances is the smallest;
provided, however, the height shall not in any case exceed 40 feet.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 4.0, Dimensional Requirements, be amended
as set forth in the Warrant.
PLANNING BOARD VOTE: 5-0-0
- 31 –Source page 32
SPECIAL TOWN MEETING NOVEMBER 18, 2024
FINANCE COMMITTEE RECOMMENDATION:
The Finance Committee recommends that the motion presented by the Planning Board to Town
Meeting for Special Town Meeting No. 2 Article 7 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 7-0
PLANNING BOARD DISCUSSION: The public hearing for Article 7 was held by the
Planning Board on October 11, 2024. The Town Planner introduced the article and explained
the proposed changes. This article is a comprehensive update Section 4 Dimensional
Requirements. The Board had no questions and took a vote to send a positive
recommendation, which carried 5-0-0. Later in the meeting the Board voted 5-0-0 to close the
public hearing on Article 7.
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board
motion to recommend Article 7 (Amend Zoning By-law Section 4) of the Special Town Meeting
No. 2. State law regarding accessory dwelling units has changed (An Act Relative to the
Affordable Homes Act – Session Laws, Acts 2024, Chapter 150) and there needs to be
amendments in the Town’s Zoning By-laws to reflect this change. Some other housekeeping
amendments will also be done to this section of the Zoning By-laws while it is being amended.
This article would amend the Zoning By-law, Section 4 regarding dimensional requirements for
accessory dwelling units.
This article would change the limitations on these accessory dwelling units by deleting some
existing language in Section 4.1.3 and providing a new reference to Section 8.0 Special
Residential Regulations, which will be the focus of Article 8 of this Special Town Meeting No. 2
where that section of the Zoning By-laws is rewritten.
Some entries in the Table of Dimensional Requirements – Residence Districts (4.1.4) will also
be slightly amended for clarity and ease of reading by adding such words as “lot” before
“frontage”, “Max.” before “lot coverage”, and allowing maximum heights to be included in this
table for easy referencing in Table 4.1.4 the Table of Dimensional Requirements for Residence
Districts. Further, separate sections of this table will now be labeled as “All Dwelling Units” or
“Accessory Structures (Non-Dwelling)” to better define front, rear, and side setbacks; and
maximum heights to more clearly differentiate these rules for all dwelling units versus non-
dwelling accessory structures.
Section 4.1.5 the Table of Dimensional Requirements – Nonresidential Districts would also
have a few amendments, which include a change in maximum lot coverage from 90% to 50%
in regular business districts (but not the Central Business District, which would remain
unchanged). Like Table 4.1.4, Table 4.1.5 would be divided into separate sections for principal
buildings and accessory structures when considering front, rear, and side setbacks with
maximum heights now displayed in this table rather than elsewhere in the Zoning By-laws.
Some footnotes are also deleted.
In Section 4.1.6, Paragraph 2 will be deleted and replaced with the words “Not Used” as
dwellings are no longer allowed in business districts. The term “Not Used” allows all sections to
retain their familiar section numbers for easy reference. Section 4.1.6, Paragraph 3 will have a
few minor amendments to better define non-dwelling accessory structures on residential lots.
There is also the addition of a fifth paragraph of Section 4.2.1, which adds a former footnote
regarding setbacks abutting a railroad right-of-way into the main text.
Section 4.2.2, Paragraph 2, regarding projections will be amended to further clarify what kinds
of roofed porches can project into front yard and rear yard setbacks by adding that it must be
a single story and adding a rear yard setback projection allowance on up to ten feet (the front
setback projection is unchanged at up to eight feet).
- 32 –Source page 33
SPECIAL TOWN MEETING NOVEMBER 18, 2024
Section 4.2.4 will require that corner lots in all districts, instead of just residential districts, use
the front yard setback as a rule for any street it abuts to essentially create two front setbacks
facing the two streets (thus the required front setback would apply to each of the two streets
that the property abuts on a corner lot).
Section 4.2.6 will be eliminated and replaced with “Not Used” as these rules regarding hotels
and motels appear in the Zoning By-law Table of Uses and is thus redundant.
In Section 4.3.1, the maximum height requirements table will be deleted because they will,
per this article, now be incorporated into the Tables of Dimensional Requirements (4.1.4 and
4.1.5).
Section 4.3.6 will be added to the section having formerly been a footnote. It involves the
maximum height of twenty-five feet for dwelling structures in residential districts and how it
can increase by one-foot of height for each additional foot that a building’s setback increases
up to a maximum of forty feet.
The changes proposed in Article 7 will increase the clarity and readability of the relevant
sections of the Zoning By-law while making some necessary amendments.
APPROVED__________DISAPPROVED__________
- 33 –Source page 34
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 8
AMEND ZONING BY-LAW SECTION 8.1
Article 8 To see if the Town will vote to delete Zoning By-law Section 8.1 ACCESSORY
APARTMENTS IN SINGLE FAMILY DWELLING and replace with the following text:
8.1 ACCESSORY APARTMENT IN SINGLE FAMILY DWELLING
8.1.1 Special Permit Required. The Board of Appeals may issue a Special Permit for an
accessory apartment in a detached, single family dwelling in all residential districts provided
that each of the following requirements are met.
1. The “effective date of this by-law” is January 1, 1989.
8.1.2 Requirements.
1. The owner of the dwelling in which the accessory apartment is created shall occupy
either of the dwelling units in the structure. For the purposes of this section, the
"owner" shall be whoever holds title directly to the dwelling, and for whom the
dwelling is the primary residence for voting and real estate purposes.
2. There shall be not more than one (1) accessory apartment within a single family
dwelling.
3. There shall be no boarders or lodgers within either unit of a dwelling with an
accessory apartment.
4. The lot shall be at least ten thousand (10,000) square feet in area; or the
minimum required for each residential zone, whichever is greater.
5. The existing floor area of the dwelling shall have at least two thousand (2,000)
square feet as of the effective date of this by-law, which amount shall be verified in
the records of the Building Inspection Department or on a document, "Total Living
Areas of Dwellings as of the effective date", prepared by the Board of Assessors.
6. The maximum net floor area of the accessory apartment shall not exceed thirty
(30) percent of the net floor area of the dwelling as of the effective date of this by-
law.
7. There shall not be more than two (2) bedrooms in an accessory apartment.
8. Approval shall be obtained from the Board of Health, Sewer and Water Department
and Conservation Commission and other Boards, as required.
8.1.3 Exterior Appearance of a Dwelling with an Accessory Apartment. The accessory
apartment shall be designed so that the appearance of the structure remains that of a single
family dwelling, subject further to the following requirements:
1. All stairways to second or third stories shall be enclosed within the exterior walls of
the dwelling.
2. There shall be no enlargements or extensions of the dwelling in connection with
any accessory apartment except for minimal additions necessary to comply with
building, safety or health codes, or for enclosure of any entryway, or for enclosure of a
stairway to a second or third story.
3. Any new entrance shall be located on the side or in the rear of the dwelling.
- 34 –Source page 35
SPECIAL TOWN MEETING NOVEMBER 18, 2024
4. Where there are two (2) or more existing entrances on the front facade of a
dwelling, if modifications are made to any entrance, the result shall be that one (1)
appears to be the principal entrance and other entrances appear to be secondary.
8.1.4 Off Street Parking. There shall be provided at least two (2) off-street parking
spaces for the principal dwelling unit and at least one (1) off-street parking space for the
accessory apartment. 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:
1. Each parking space and the driveway leading thereto shall be bituminous concrete
paving or other approved surface.
2. No motor vehicles shall be regularly parked on the premises other than in such a
parking space.
3. Where there are more than two (2) 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.
8.1.5 Procedures.
1. No accessory apartment shall be constructed without issuance of a building permit
by the Building Commissioner.
2. No use of an accessory apartment shall be permitted prior to issuance of a
certificate of occupancy by the Building Commissioner. A certificate of occupancy shall
be issued after the Building Commissioner determines that the accessory apartment as
constructed is in conformity with the approved plans and with the provisions of this
by-law.
3. A Special Permit for construction of an accessory apartment shall be issued to the
person or persons named in the application and shall not be deemed to run with the
land and shall be for a term not to exceed three (3) years. Said permit shall be
automatically renewed for a subsequent three year term unless the Zoning Board of
Appeals determines before the end of any said term that the permit should be
reviewed by the Board and by the Building Commissioner. If After said review the
Board determines that there may be violations of the terms of the permit, the Board
shall hold a hearing pursuant to M.G.L. c. 40A, s.11. If after said hearing the Board
determines that there have been violations the Board may amend the permit to
address the violations, rescind the permit or recommend that the Building
Commissioner take other enforcement action. The permit holder shall have a right of
appeal pursuant to M.G.L. c.40A , s.17.
4. A Special Permit may be transferred to a new owner occupant upon application to
the Board of Appeals, subject to the provisions of this by-law. The transfer of the
Special Permit shall not be arbitrarily withheld by the Board of Appeals.
8.1.6 Affordable Accessory Apartments. For the purpose of promoting affordable
housing in the Town of Canton and in accordance with the Massachusetts Department of
Housing and Community Development Local Initiatives Program (LIP) one (1) affordable
accessory apartment may be allowed per single family lot by special permit by the Zoning
Board of Appeals subject to the following conditions and requirements:
- 35 –Source page 36
SPECIAL TOWN MEETING NOVEMBER 18, 2024
1. The lot contains a minimum of ten thousand (10,000) square feet of contiguous
upland, except that existing accessory apartments shall have no minimum lot size
requirement.
2. An Owner of an existing accessory apartment built prior to the adoption of this
zoning by-law may apply for an Affordable Accessory Apartment special permit.
3. As a condition of this special permit, Owners of existing and proposed accessory
apartments shall strive to meet the conditions and requirements of Section 8.1.
4. The Owner permitted under this by-law shall be subject to a minimum fifteen (15)
year use restriction and the maintenance of affordable rents, as defined in subsections
5 and 6 herein. No Affordable Accessory Apartment shall be occupied until the Owner
provides a copy of said use restriction, recorded at the Norfolk County Registry of
Deeds to the Building Commissioner, the Canton Housing Authority, and to any
monitoring agent designated by the Town. The special permit will be issued to the
Owner and as such is not transferable to successors. No affordable accessory
apartment shall be separated by ownership from the principal dwelling.
5. The Owner shall be in compliance with local zoning except where specifically
exempted by the Zoning Board of Appeals. The Owner shall meet all state building
codes, the Wetlands Protection Act, Groundwater Protection District, Floodplain and
Title V. regulations.
6. The Owners shall be responsible for submission to the Canton Housing Authority
and any town designated monitoring agency, information that includes, but is not
limited to, verification of Owner occupancy status, income eligibility of the tenant,
copy of the lease agreement specifying the rent amount to be charged each month.
Leases shall be issued for a period not to exceed one (1) year. Submission of all
required information must be provided to the Canton Housing Authority or designated
monitoring agency prior to executing a lease.
7. Affordable Accessory Apartments created under this provision shall only be rented
to a person or persons meeting the Canton Housing Authority guidelines for moderate
income households, in accordance with the Massachusetts Department of Housing and
Community Development Local Initiative Program (LIP). For purposes of this Section,
moderate income households shall have annual incomes of no more than eighty
percent (80%) of the median family income as reported in the most recent LIP
guidelines within the Boston SMSA.
8. The Owner shall not charge rents exceeding the maximum permitted by the latest
Massachusetts Department of Housing and Community Development Local Initiative
Program (LIP) regulations.
9. Failure to comply with the Massachusetts Department of Housing and Community
Development LIP regulations may result in Board of Appeals suspending the Owner's
Affordable Accessory Apartment Special Permit.
10. The Zoning Board of Appeals may set filing fees to cover administrative costs
related to the special permit procedure.
8.1 ACCESSORY DWELLING UNITS
8.1.1 Purpose.
1. To provide for housing options that reduce maintenance costs and are more affordable
than traditional single-family dwellings;
2. To provide a mechanism for development of a range of housing types that are
responsive to the sociocultural, health care, and recreational needs of residents;
3. To use energy, water, and materials more efficiently by increasing the housing supply
through concentrated, small-scale development;
- 36 –Source page 37
SPECIAL TOWN MEETING NOVEMBER 18, 2024
4. To establish residential development standards and procedures that will support these
objectives; and
5. To facilitate housing production, diversity, and affordability in the Town’s
neighborhoods.
8.1.2 Limitations on Use. One Accessory Dwelling Unit (ADU) shall be allowed as-of-right
in all zoning districts in which single-family homes are allowed as-of-right, subject to
the following restrictions:
A. The ADU maintains a separate entrance, either directly from the outside or
through an entry hall or corridor shared with the principal dwelling sufficient to
meet the requirements of the state building code for safe egress;
B. The Lot contains a minimum of 5,000 square feet of area;
C. The ADU is not larger in gross floor area than one half (1/2) the gross floor
area of the principal dwelling or 900 square feet, whichever is smaller;
D. The ADU is subject to the same dimensional setbacks as the primary residence,
as provided in Section 4.0 of this Zoning By-Law;
E. No ADU shall be constructed without issuance of a building permit by the
Building Commissioner; and
F. No use of an accessory dwelling unit shall be permitted prior to issuance of a
certificate of occupancy by the Building Commissioner. A certificate of
occupancy shall be issued after the Building Commissioner determines that the
accessory dwelling unit as constructed is in conformity with the approved plans
and with the provisions of this by-law.
8.1.3 Additional Accessory Dwelling Units. The Board of Appeals may issue a Special
Permit for additional ADUs over and above the first ADU allowed as-of-right on a lot.
8.1.4 Exterior Appearance of a Dwelling with an ADU. The ADU shall be designed so
that the appearance of the structure remains that of a single-family dwelling, subject
further to the following requirements:
A. All stairways to second or third stories shall be enclosed within the exterior
walls of the dwelling;
B. Any new, additional entrance to an existing dwelling shall be located on the
side or in the rear of the dwelling; and
C. Where there are two (2) or more existing entrances on the front facade of a
dwelling, if modifications are made to any entrance, the result shall be that
one (1) appears to be the principal entrance and other entrances appear to be
secondary.
8.1.5 Dimensional Requirements. Accessory Dwelling Units shall be subject to all
applicable dimensional requirements in Section 4.0 of the Town of Canton Zoning By-Laws.
8.1.6 Parking.
A. There shall be a minimum of one (1) off-street parking space per ADU in
addition to the parking spaces that are required by the underlying zoning
district for the single-family residence;
B. No additional parking spaces over and above that of the underlying zoning
district shall be required if the ADU is located within 0.5 miles from a
commuter rail station, subway station, ferry terminal, or bus station;
C. A single driveway shall serve both the single-family residential structure and
the ADU, provided that a detached ADU may have a separate parking area.
8.1.7 Severability. If any provision of this Section 8.1 Accessory Dwelling Units is found to
be invalid by a court of competent jurisdiction, the remainder of Section 8.1 shall not be
affected but shall remain in full force. The invalidity of any provision of this Section shall not
affect the validity of the remainder of the Town of Canton’s Zoning By-Law.
Select Board for the Planning Board
- 37 –Source page 38
SPECIAL TOWN MEETING NOVEMBER 18, 2024
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 8.1, Accessory Apartments in a
Single Family Dwelling, be amended as set forth in the Warrant, with the following
change: The text of Section 8.1.3 shall be deleted and replaced with “Not Used”.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE RECOMMENDATION:
The Finance Committee recommends that the motion presented by the Planning Board to Town
Meeting for Special Town Meeting No. 2 Article 8 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 6-0
PLANNING BOARD DISCUSSION: The public hearing for Article 8 was held by the
Planning Board on October 11, 2024. The Town Planner introduced the article and explained
the proposed changes. This article proposes to delete Section 8.1 ACCESSORY APARTMENTS
IN A SINGLE FAMILY DWELLING and replace the text with Section 8.1 ACCESSORY DWELLING
UNITS. During the public hearing, one person spoke. Barbara St. Andre, a resident and
member of the Canton Zoning Board of Appeals, discussed the ambiguity of the state
legislation’s language around whether or not a municipality has to provide a means for an
applicant to construct more than one ADU via a special permit. Ms. St. Andre stated that she
and many other planning professionals have interpreted it as the town does not have to allow
more than one ADU to be built, even by special permit. Her suggestion was to remove 8.1.3
and not allow more than one ADU to be built. The Town Planner noted he interpreted it
differently but, due to the ambiguity, was okay with striking 8.1.3. The Planning Board
concurred and made a motion to delete 8.1.3 and replace with “Not Used”. Motion carried 4-1-
0 with David McCarthy voting in opposition. The Board then voted 5-0 to send a positive
recommendation. Later in the meeting the Board voted 5-0-0 to close the public hearing on
Article 8.
FINANCE COMMITTEE DISCUSSION: The Finance Committee supports the Planning Board
motion to recommend Article 8 (Amend Zoning By-law Section 8.1) of the Special Town
Meeting No. 2. State law regarding accessory dwelling units has changed (An Act Relative to
the Affordable Homes Act – Session Laws, Acts 2024, Chapter 150) and there needs to be
amendments in the Town’s Zoning By-laws to reflect this change.
This article would delete the existing Section 8.1 (regarding so-called “accessory apartments”
in single family dwelling) in its entirety and replace it with new language that will reflect the
new state law regarding accessory dwelling units. Any dwelling unit that was legally
established as an “Accessory Apartment” under the old zoning laws and recorded at the
Norfolk County Registry of Deeds before August 2024 would be allowed to remain as a legacy
of that zoning (see Special Town Meeting No. 2, Article 6). The new Section 8.1 greatly
streamlines the rules for “Accessory Dwelling Units” from the prior “Accessory Apartment”
rules and has a stated purpose that includes an effort to improve housing options for residents
with a focus on affordability and a range of housing types through small-scale accessory
housing. This small-scale development can also be seen as sustainable as such units will be
more resource efficient.
- 38 –Source page 39
SPECIAL TOWN MEETING NOVEMBER 18, 2024
The article also sets the zoning rules for limitations of use. One accessory dwelling unit on a
lot would be by-right, with certain restrictions. There would also need to be separate
entrances to the principal residence and the accessory unit and a minimum lot size. The
proportional limits of the accessory dwelling unit floor area relative to the principal dwelling
would be up to one-half of that principal dwelling. The dimensional setbacks would be as
provided in the Table of Dimensional Requirements. Permit and occupancy requirements are
also detailed. Further, any additional accessory dwelling units beyond the first one that is
by-right on a site would not be stated as allowed. In the original article, such additional
accessory dwelling units would be subject to appeal for special permit but this has changed
in the final Planning Board motion and Section (8.1.3) will read “Not Used” following public
feedback. The exterior appearance of dwellings with an accessory dwelling unit must
maintain the appearance of a single-family dwelling with some additional requirements
(8.1.4). There is a reference to dimensional requirements (8.1.5). Parking requirements
are also included (8.1.6), which requires one additional off-street parking space
beyond the underlying zoning for the single-family residence, unless the residence is
within 0.5 miles from a commuter rail station or other applicable public transit where,
in that case, no additional parking is required beyond the underlying zoning.
This article will ensure that the Town complies with the new state law regarding
these accessory dwelling units while establishing more streamlined zoning rules for these
dwellings. Accessory dwelling units have the potential to allow more diverse housing options
for residents while also creating more opportunities for revenue. Consequently, having
zoning laws that are easy to understand and without excessive regulations is consistent with
the new state law and will also be helpful to the Town and its residents going forward.
APPROVED__________DISAPPROVED__________
- 39 –Source page 40
SPECIAL TOWN MEETING NOVEMBER 18, 2024
ARTICLE 9
AMEND ZONING BY-LAW SECTION 8.5
Article 9 To see if the Town will vote to delete Zoning By-law Section 8.5 CARRIAGE HOUSE
and replace with NOT USED
8.5 CARRIAGE HOUSE NOT USED
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 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.
3. A dwelling unit created under this section of the By-Laws shall be limited to two (2)
bedrooms.
4. No more than one (1) additional dwelling unit may be created per lot under this
section of the by-law irrespective of how many eligible accessory structures may exist
on a lot.
5. Approval shall be obtained from the Board of Health, Sewer and Water Department
and Conservation Commission and other Boards, as required.
6. There shall be provided at least two (2) off-street parking spaces for principal dwelling
unit and at least one (1) 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 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 (2) outdoor parking spaces, there shall e
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.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 8.5, Carriage House, be deleted as set forth in
the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION:
The Finance Committee recommends that the motion presented by the Planning Board to Town
Meeting for Special Town Meeting No. 2 Article 9 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 7-0
- 40 –