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2026 Attorney General approval of ATM articles pdf file
Saved text from 30 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 1
The Commonwealth of Massachusetts
Office of the Attorney General
Central Massachusetts Division
10 Mechanic Street, Suite 301
Worcester, MA 01608
Andrea Joy Campbell
(508) 792-7600
Attorney General (508) 795-1991 fax
www.mass.gov/ago
September 22, 2026
Tracey K. Kenney, Town Clerk
Town of Canton
801 Washington Street
Canton, MA 02021
Re: Canton Annual Town Meeting of May 11, 2026 -— Case # 12417
Warrant Articles # 43, 44, 45, 46, and 47 (Zoning)
Warrant Articles # 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 (General)
Dear Ms. Kenney:
Articles 24 through 33 and 43 through 47 - We approve Articles 24 through 33 and 43
through 47, and the map amendments adopted under 45,46, and 47 from the Canton May 11,2026
Annual Town Meeting. We will return the approved maps to you by regular mail.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town
has first satisfied the posting/publishing requirements of that statute.
Very truly yours,
ANDREA JOY CAMPBELL
ATTORNEY GENERAL
By: Kelli E. Gunagan
Assistant Attorney General
Director, Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
kelli.gunagan@mass.gov
774-214-4406 '
cc: Town Counsel John J. CliffordSource page 2
LEGAL NOTICE Pursuant to Chapter 40, Section 32 of the General Laws of the Commonwealth, the following Articles were approved by the Attorney General’s Office relative to the following amendments to the Zoning Bylaw adopted at Canton’s Annual Town Meeting held on May 11, 2026. Article 43 - AMEND ZONING BY-LAW SECTION 8.1 ACCESSORY DWELLING UNITS Article 44 - AMEND ZONING BY-LAW SECTION 11 DEFINITIONS Article 45 - AMEND ZONING MAP - REMOVING CCEOD A Article 46 - AMEND ZONING MAP - REMOVING CCEOD B Article 47 - amend zoning map - removing cceod c Any claim of invalidity by reason of any defect in the procedure of adoption or amendment to the Zoning By-Law may only be made with 90 days of the second publication. DATE OF ATTORNEY GENERAL’S DECISION LETTER: September 22, 2026 DECISION RECEIVED BY THE TOWN CLERK: September 22, 2026 CANTON CITIZEN PUBLICATION DATES: September 24 & October 1,2026 Copies of the Attorney General’s decision and the approved bylaw changes are available for examination by the public in the office of the Town Clerk, 801 Washington Street, Canton and on the Town website at https://www.town.canton.ma.us/260/Attorney-General-Approval-Letter Tracy K. Kenney, Town Clerk
Source page 3
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 24
AMEND GENERAL BYLAW ARTICLE IV ANNUAL TOWN MEETING-MODERATOR
Article 24 To see if the Town will vote to amend General Bylaw Article IV by deleting Section
1A in its entirety, deleting Section 4 in its entirety and replacing with the following Section 4
and amend Section 5 with the following with new language in bold and language to be
deleted in strikethrough
Section 4 Moderator Election, Powers and Duties
The town moderator, elected as provided below, shall preside at all sessions of the town
meeting. Annually, at the first session of the spring town meeting, the town moderator shall
appoint a deputy moderator to serve as acting moderator in the event of the temporary
absence or disability of the town moderator. The appointment of a deputy moderator shall
be subject to ratification by the town meeting. The deputy moderator shall, when presiding
at town meeting sessions, have all the powers of the town moderator, but shall have no
other powers or duties of the town moderator.
The town moderator, at town meetings, shall regulate the proceedings, decide all
questions of order, make public declaration of all votes and may exercise such additional
powers and duties as may be authorized by general law, by-law or other vote of the town
meeting.
(a) Term of Office - The moderator shall be elected to serve a two (2) year term,
beginning with the 2027 annual town election and every two (2) years thereafter. The
incumbent town moderator's term shall expire upon election of a successor moderator at
the 2027 annual town election.
(b) Powers and Duties - The town moderator shall be the presiding officer of the town
meeting, shall regulate its proceedings, decide all questions of order and shall have such
other powers and duties as maybe provided for that office by general law, by-law and other
vote of the town meeting.
(c) Vacancy - In the event of a vacancy in the office of town moderator, the deputy
moderator, as designated above, shall perform the powers and duties of the town
moderator until the election of a successor.
Section 5 Order of Business
The order of business at the annual town meeting shall be as follows:
4,------the-election-efa-moderator;
Sr 1. The adoption of procedures to govern the conduct of the meeting,
2. To hear the reports of committees appointed at prior town meetings,
4r3. To hear a report on the fiscal condition of the town,
Sr 4. To acton a, so-called,
consent agenda, Or take any
1Source page 4
other action related thereto.
Select Board for the Bylaw Modernization Study Committee
MOVED: That General Bylaw Article IV be amended as printed in the Warrant.
FINANCE COMMITTEE VOTE: 4-3
Emilio Mauro, Chair of the Finance Committee, moved Article 24 as printed in the warrant.
Gerald Salvatori moved a substitute motion that the subject matter of Article 24 be postponed indefinitely.
Motion to postpone indefinitely was defeated.
MODERATOR DECLARED THE MOTION DEFEATED BY A MAJORITY SHOW OF VOTER CARDS
David Clough moved to amend paragraph (a) by changing "a two (2) year term" to read "a one (1) year term",
and, to deleted "and every two (2) years thereafter".
Motion to amend the article was defeated.
MODERATOR DECLARED THE MOTION DEFEATED BY A MAJORITY SHOW OF VOTER CARDS
VOTED: Article 24 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY A MAJORITY SHOW OF VOTER CARDS
Attest:
2Source page 5
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 25
AMEND GENERAL BYLAW ARTICLE IV ANNUAL TOWN MEETING - VOTING
Article 25 To see if the Town will vote to amend General Bylaw Article IV by
inserting the following language into Section 12 after the second paragraph:
Notwithstanding the provisions of Voice vote, subject to the availability of an
approved electronic vote counting and recording system for use by Town Meeting
members, the Moderator may determine that a vote be taken by use of such
electronic vote counting and recording system.
Or take any other action related thereto.
Select Board for the Bylaw Modernization Study Committee
MOVED: That General Bylaw Article IV be amended by inserting the
following language into Section 12 after the second paragraph:
Notwithstanding the provisions of Voice vote, subject to the availability of
an approved electronic vote counting and recording system for use by
Town Meeting members, the Moderator may determine that a vote be taken
by use of such electronic vote counting and recording system.
FINANCE COMMITTEE VOTE: 7- 0
Emilio Mauro, Chair of the Finance Committee, moved Article 25 as printed in the warrant.
VOTED: Article 25 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTE
Attest:Source page 6
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 26
AMEND GENERAL BYLAW ARTICLE IV ANNUAL TOWN MEETING - RECONSIDERATION
Article 26 To see if the Town will vote to amend General Bylaw Article IV by deleting the language in
Section 6 in its entirety and inserting the following language in its place:
MOVED: That General Bylaw Article IV be amended by deleting the language in Section 6 in its
entirety and inserting the following language in its place:
Section 6 Reconsideration
If an article of the warrant has once been acted upon and disposed of, a motion to return to the article
may be made at any time, if the Moderator determines that the person offering the motion discloses
significant new factual information to the Town meeting concerning said article, which existed but had
not been disclosed or made available to the meeting when the motion under that article was debated,
and the Moderator thereupon explains why such information satisfies the foregoing criteria. If the
moderator deems a reconsideration request does not meet the requirements but the body feels
differently, then the proponent of the reconsideration request can ask for a vote of the town meeting
members and if this vote passed by a simple majority that the motion to reconsider will proceed
provided, however, that debate and action on said motion shall be deferred until all articles are
concluded and immediately prior to taking up the question of the Annual Budget. A two-thirds vote shall
be required for approval of a motion to reconsider an article.
Or take any other action related thereto.
Select Board for the Bylaw Modernization Study Committee
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved Article 26 as printed in the warrant.
VOTED: Article 26 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTESource page 7
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 27
AMEND BYLAW ARTICLE XIV POLICE REGULATIONS SECTION 2 OBSTRUCTIONS OF PUBLIC WAYS AND
SIDEWALKS
Article 27 To see if the Town will vote to amend General Bylaw Article XIV Section 2 by adding the
following new language in bold:
Section 2. Obstructions of Public Ways and Sidewalks No person shall place, or cause to be placed, upon
any public way or sidewalk, any lumber, iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or
other thing, and allow the same to remain for more than one hour, or more than ten minutes after
being notified by a police officer to remove the same, provided that the provisions of this section shall
not apply to placing of ashes, refuse or garbage in proper receptacles for collection under public
authority. Any such obstruction(s) as referred to in this section which remain(s) on any public way or
sidewalk beyond the above referenced time frame(s) may be removed by and/or under the direction
of a police officer at the owner's expense and any expense(s) not reimbursed to the Town shall
constitute a municipal charge lien in accordance with G.L. c. 40, §58.
Or take any other action related thereto.
Select Board
MOVED: That General Bylaw Article XIV Police Regulations Section 2 Obstruction of Public Ways
and Sidewalks be amended as presented in the warrant.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 27 as printed in the warrant.
VOTED: Article 27 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTE
Attest:
Tracy K.Source page 8
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 28
AMEND BYLAW ARTICLE XVI MISCELLANEOUS SECTION 4 TRAILER BYLAW
Article 28 To see if the Town will vote to amend General Bylaw Article XVI Section 4 by amending the
with following added language under Special Regulation item 2. The amendments are as follows with the
new language in bold:
Article XVI Miscellaneous
Section 4 Trailer Bylaw
Special Regulation:
2. In a garage or other accessory building, or in the real half of a lot owned or occupied by the owner of
the trailer (if placed so as to conform to the yard requirements of the Zoning By-Laws for main buildings
in the same district), or in an approved driveway consistent with Town of Canton Zoning Bylaws, but its
use for business and/or living purposes is prohibited, except that the Board of Appeals may subject to
reasonable conditions and safeguards, authorize: a. The use of a trailer as a temporary office incidental
to construction on or development of the premises on which located. B. The temporary use of a trailer
for living purposes owner of the lot on which located for a period not exceeding three (3) months,
provided that such authorization shall not be renewed or extended to exceed a total of twelve (12)
months in any case.
Or to take any action related thereto.
Select Board
MOVED: That General Bylaw Article XVI Miscellaneous Section 4 Trailer Bylaw be amended as
presented in the warrant.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 28 as printed in the warrant.
VOTED: Article 28 adopted as printed.
ADOPTED MAJORITY VOICE VOTE
Attest:Source page 9
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 29
AMEND BYLAW ARTICLE XVII SECTION 1 HAZARDOUS MATERIALS SUBSECTION 16 PENALTY AND
SUBSECTION 17 FEES
Article 29 To see if the Town will vote to amend the General Bylaw Article XVII Section 1 Subsection 16
and Subsection 17 to provide consistency between the General Bylaws and the Board of Health Policies.
The amendments are as follows with the new language in bold and deleted language in strikethrough:
Section 1 Hazardous Materials
Subsection 16 Penalty
Any person who violates any provision of this By-Law shall be punished by a fine of not more than three
hundred ($300.00) dollars. Each day or portion thereof during which a violation continues shall
constitute a separate offense if more than one, each condition violated shall constitute a separate
offense. This By-Law may be enforced pursuant to M.G.L., Chapter 40 Section 21D by the Board of
Health, a Canton Police Officer or any other officer having police powers.
Section 1 Hazardous Materials
Subsection 17 Fees
Any person registering storage of hazardous materials pursuant to subsection 6 shall pay to the town of
Canton an annual registration fee set by the Board of Health. Such a fee shall be due on the same date
as the annual registration. Failure to pay shall constitute a violation and shall be subject to the penalties
of subsection 16 of the By-Law.
Or to take any other action related thereto.
Select Board
MOVED: That General Bylaw Article XVII Section 1 Subsection 16 and Subsection 17 be amended
as presented in the warrant.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 29 as printed in the warrant.
VOTED: Article 29 adopted as printed.
ADOPTED MAJORITY VOICE VOTE
Attest:
Tracy K, Kenrfey, Canton Town Cler^f"Source page 10
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 30
AMEND BYLAW ARTICLE XIV POLICE REGULATIONS SECTION 41 WATER WELLS
Article 30 To see if the Town will vote to amend the General Bylaw Article XIV Section 41 to provide
consistency between the General Bylaws and the Board of Health Policies by amending the language.
The amendments are as follows with new language in bold and deleted language in stHket-h-rough:
Section 41 Water Wells
a) No person or entity corporate or otherwise, as owner or as one in control of premises
shall excavate or drill in the Town of Canton for the purpose of creating and maintaining
a well for commercial-use without first obtaining from the Select Board of Health
written authorization for said excavating or drilling.
b) Any person or entity who violates this By-Law shall be liable to a fine of $20^00 $300.00
or penalty set by the Board of Health for each day said violation continues.
Or take any other action related thereto.
Select Board
MOVED: That General Bylaw Article XIV Police Regulations Section 41 Water Wells be amended
as presented in the warrant.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, pointed out a scrivener's error in section "a". Only the
word "Select" should be deleted. The word "Board" should remain in the text of the by-law.
Emilio Mauro, Chair of the Finance Committee, moved Article 30 as printed in the warrant, with the
scrivener's error corrected.
VOTED: Article 30 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTE
Attest:Source page 11
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 31
AMEND BYLAW ARTICLE XVI MISCELLANEOUS SECTION 9 REGULATING SMOKING
Article 31 To see if the Town will vote to amend General Bylaw Article XVI Section 9 D
through I to provide consistency between the General Bylaws and the Board of Health
Policies by amending the language. The amendments are as follows with new
language in bold and deleted language in strikethrough:
Section 9 Smoking
D. Smoking Prohibited: Smoking is prohibited per MGL Ch. 270 § 22 in all workplaces,
restaurants, bars, and all enclosed or public places within the Town of Canton except
as may be authorized in section F of this bylaw.
E. Posting Notice of Prohibition: Every person having control of premises upon which
smoking is prohibited by and under the authority of this bylaw shall conspicuously
display upon entry of the premises "No Smoking" signs using a clearly readable font
with at least 2-inch highly contrasted lettering, or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it at least 6 inches in diameter). F. Exceptions:
Notwithstanding the provisions of Paragraph D of this bylaw, smoking may be
permitted in the following places and/or circumstances:
1. Private residences, except those portions used as a childcare or health care office when operating
as such,
2. Retail tobacco stores where the owner or manager ensures that persons under the age of eighteen
(18) twenty-one (21) may never enter the premises at any time, and where the owner or
manager conspicuously posts signs, acceptable to the Board of Health, at the
entrance(s) stating that persons under the age of eighteen
(48)twenty-one (21) are prohibited from entering the premises and stating further
that environmental tobacco smoke is hazardous to health;
G. Conflict with Other Laws or Regulations: Notwithstanding the provisions of the
foregoing Paragraph F of this regulation, nothing in this regulation shall be deemed to
amend, repeal or override applicable 95 REVISED General By-Laws (2024 edition) fire,
health or other regulations or statutes so as to permit smoking in areas where it is
prohibited by such fire, health or other regulations or statutes.
H. Violations and Penalties: Any person, employer, and/or their employee or business
agent, who violates any provision of this bylaw, the violation of which is subject to a
specific penalty, may be penalized by the non-criminal method of disposition as
provided in MGL c 40, § 21D or by filing a criminal complaint at the appropriate venue. It
1Source page 12
shall be the responsibility of an employer, or their employee or business agent, to
ensure compliance with all sections of this bylaw. Penalties are per the Canton Board
of Health "Regulation of the Sale of Tobacco and Nicotine Products" Amended 2025
as well as all subsequent amendments.
4,--------- Penalties: Any person-who violates any provision of this bylaw shall be
subject to a fine of one hundred dollars ($100) for a first offense, two
hundred dollars ($200) for a second-offense-within one year of the date of
the-first offense and three-hundred dollars ($300)Tor a third or subsequent
offense withimone year of the date-of-the-fir-st-offense, Violations-of-thte
bylaw-may-be-enforced in the manner-provided in MGL c 40, §210?
Or to take any other action related thereto.
Select Board
MOVED: That Bylaw Article XVi Miscellaneous Section 9 Regulating Smoking
be amended as presented in warrant.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 31 as printed in the warrant, with the
scrivener's error corrected.
VOTED: Article 31 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTE
Attest:
2Source page 13
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 13, 2026
SECOND SESSION
ARTICLE 32
AMEND GENERAL BYLAW ARTICLE XXI STORMWATER MANAGEMENT
Article 32 To see if the Town will vote to amend General Bylaw Article XXI as follows with new
language in bold
and deleted language in
strikethrough.
STORMWATER
MANAGEMENT
1. PURPOSE AND OBJECTIVE
A. The purpose of this bylaw is to protect public health, safety, general
welfare, and environment by controlling the adverse effects of construction site
stormwater runoff and post-construction runoff from new development and
redevelopment. The construction phase and post-development impacts of
stormwater runoff quantity and quality can adversely affect public safety, public and
private property, surface water drinking water supplies, groundwater drinking water
supplies, recreation, aquatic habitats, fish and other aquatic life, property values,
and other uses of lands and waters.
B. The objectives of this bylaw are to:
1. Protect water resources;
2. Comply with state and federal statutes and regulations relating to stormwater discharges;
3. Prevent and reduce pollutants from entering the Town of Canton's
municipal separate storm sewer system (MS4);
4. Establish minimum construction and post construction stormwater
management standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
5. Require the use of nonstructural stormwater management practices,
stormwater better site design practices or "low-impact development practices",
such as reducing impervious cover and the preservation of greenspace and other
natural areas, unless proven to be infeasible;
6. Establish provisions for the long-term responsibility for and maintenance of
structural stormwater control facilities and nonstructural stormwater best
1Source page 14
management practices to ensure that they continue to function as designed and are
perpetually maintained;
7. Establish administrative procedures and fees for the submission, review,
approval or disapproval of stormwater management plans, and for the inspection
of approved active projects, and long-term follow up;
8. Ensure that there is an adequate funding mechanism, including
surety, for the proper review of applications, inspection of projects, and
assurance of the long-term maintenance of stormwater facilities implemented
as part of this Bylaw;
9. Recognize Canton's legal authority to ensure compliance with the
provisions of this bylaw through inspection, monitoring, and enforcement;
10. Require, through issuance of a Major or Minor Stormwater Management
Permit, and through an inspection program described in the Stormwater Management
Rules and Regulations, the proper management of construction phase soil erosion and
sediment control to minimize or eliminate erosion and maintain sediment on site so
that it is not transported in stormwater runoff and allowed to discharge to a water of
the U.S through Canton's drainage system, as required by the Town of Canton's Small
Municipal Separate Storm Sewer System (MS4) General Permit issued by the United
States Environmental Protection Administration (EPA).
2. APPLICABILITY
A. No person may undertake a construction activity or land disturbance activity,
including clearing, grading, excavation or redevelopment that will disturb or alter an
area equal to or greater than 20,0001,000 square feet without a Major or Minor
Stormwater Management Permit approved by a major-ity-of the Stormwater Authority
members or as otherwise provided in this Bylaw. Any person that fails to follow the
requirements of a Major or Minor Stormwater Management Permit, including and the
related Erosion and Sediment Control Methods -Plan and Operations and Maintenance
Plan, shall be in violation of this Bylaw.
1. This Bylaw shall be applicable to all new development and redevelopment,
including, but not limited to, site plan applications, subdivision applications, grading
applications, land use conversion applications, any activity that will result in an
increased amount of stormwater runoff or pollutants flowing from a parcel of land, or
any activity that will alter the drainage characteristics of a parcel of land, unless exempt
pursuant to Section 2.Cof this Bylaw. All new development and redevelopment under
the jurisdiction of this Bylaw as prescribed in this Bylaw shall be required to obtain a
Major or Minor Stormwater Management Permit.
2. The holder of a Major or Minor Stormwater Management Permit must
employ sediment and erosion control at the permitted construction site in accordance
with an Erosion and Sediment Control-Plan Methods approved by the Stormwater
and/or Erosion and Sediment Control Authority. The Proposed Erosion and Sediment
Control-Wan Methods must be prepared designed in accordance with the Canton
Stormwater Management Rules and Regulations and the "Massachusetts Erosion and
Sediment Control Guidelines for Urban and Suburban Areas", May 2003 (or as
modified). Proposed Erosion and Sediment Control Methods shall be shown on all
site development plans.
2Source page 15
B. Hotspots - An alteration, redevelopment, or conversion of land use to a
hotspot such as, without limitation: auto salvage yards, auto fueling facilities, fleet
storage yards, commercial parking lots with high intensity use, road salt storage
areas, commercial nurseries and landscaping businesses, outdoor storage and
loading areas of hazardous substances, shall require a Major or Minor Stormwater
Management Permit.
c. Exemptions-The following activities are exempt from the requirement to obtain a
Major or Minor
Stormwater Management Permit:
1. Any activity that will alter an area less than 20,000 1,000 square feet, with the
exception of any projects which file for a Stormwater Management Permit between the
effective date of this Bylaw and prior te after August 30, 2020, for which the threshold
will be -5,000 20,000 square feet of disturbance or less than 25% of a contiguous
property, whichever is less. This exception may not be applied for contiguous
properties held in common ownership at the time of adoption of this Bylaw that may
have been previously subdivided and/or are attributed to multiple separate owners.
2. Normal maintenance and improvement of land in agricultural use as defined
by the Wetlands Protection Act.
3. Maintenance of existing landscaping, gardens or lawn areas associated with a single
family dwelling.
4. Repair or replacement of-an-existing roof of a single-family dwelling.
4.Sr The construction of any fence that will not alter existing terrain or drainage patterns.
5.6t Construction or repair of utilities (gas, water, sewer, electric, telephone,
etc.) other than drainage, which will not alter terrain, ground cover, or drainage
patterns.
6.7^ Emergency repairs to any stormwater management system, facility or
practice that poses a threat to public health or safety, or as deemed necessary by the
Conservation Commission Stormwater Authority.
7.& Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this Bylaw.
D. Nothing in this Bylaw is intended to replace the requirements of the Town of
Canton Zoning Bylaw, Town of Canton Land Subdivision Rules and Regulations, Flood
Plain Overlay District, the Town of Canton Wetlands Protection Bylaw, the
Consolidated Drainage Bylaw or any other Bylaw that may be adopted by the Town of
Canton. Any activity subject to the provisions of the above cited Bylaws must comply
with the specifications of each. Nothing in this Bylaw is intended to replace the
requirements of construction site operators to comply with the terms and conditions
of EPA's Construction General Permit.
3. AUTHORITY
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations
of the federal Clean Water Act found at 40 CFR 122.34.
3Source page 16
4. ADMINISTRATION
A. The Conservation Commission Board of Public Works or its authorized
Agent(s) shall administer, implement and enforce this Bylaw. Any powers granted
to or duties imposed upon the Commission Board of Public Works may be
delegated in writing by the Commission Board of Public Works to its employees
or agents.
B. Stormwater Management Rules and Regulations. The Conservation
Commission Board of Public Works may adopt, and periodically amend, rules and
regulations relating to the terms, conditions, definitions, enforcement (including
sanctions for violation), fees (including application, inspection, and/or consultant
technical review fees), procedures and administration of this Stormwater Management
Bylaw by majority vote of the Commission Board of Public Works after conducting a
public hearing to receive comments on any proposed revisions. Such hearing dates shall
be advertised in a newspaper of general local circulation, at least seven (7) days prior to
the hearing date. After public notice and public hearing, the Commission Board of
Public Works may promulgate rules and regulations to effectuate the purposes of this
Bylaw. Failure by the Commission Board of Public Works to promulgate such rules and
regulations ora legal declaration of their invalidity by a court shall not act to suspend or
invalidate the effect of this Bylaw. As revisions to this Bylaw may precede updates to
the Stormwater Management Rules and Regulations, in case of conflict, this Bylaw shall
govern and the Conservation Commission Board of Public Works and its authorized
Agent(s) may waive provisions of the Stormwater Management Rules and Regulations
which are in conflict with
this Bylaw. Applicants should consult with the Conservation Agent Stormwater Authority.
c. Massachusetts Stormwater Handbook. The Conservation Commission
Stormwater Authority, at a minimum, may utilize the policy, criteria and information
including specifications and standards of the latest edition of the Massachusetts
Stormwater Handbook for execution of the provisions of this Bylaw. This Handbook
includes a list of acceptable stormwater treatment practices, including the specific
design criteria for each stormwater practice. The Handbook may be updated and
expanded periodically, based on improvements in engineering, science, monitoring,
and local maintenance experience. Unless specifically altered revised in the
Stormwater Management Rules and Regulations, stormwater management practices
that are designed, constructed, and maintained in accordance with the Handbook will
be presumed to be protective of Massachusetts water quality standards.
D. Major or Minor Stormwater Management Permit. The Conservation
Commission Board of Public Works shall have the authority to adopt rules and
regulations further defining the MajororMinorStormwater Management Permit
(SMP) for projects as described in section 2.A.
E. Actions by the Conservation Commission Stormwater Authority. The
Conservation Commission Stormwater Authority may take any of the following
actions as a result of an application for a Major or Minor Stormwater Management
Permit as more specifically defined as part of Stormwater Management Rules and
Regulations promulgated pursuant to this Bylaw: Approval, Approval with
Conditions, Denial, or Denial without Prejudice.
4Source page 17
F. Appeals of Action by the Conservation Commission Stormwater Authority. A
decision of the Conservation-Gommissren Stormwater Authority shall be final. Further
relief of a decision by the Conservation Commission Stormwater Authority made under
this Bylaw shall be appealed to a court of competent jurisdiction.
G. Stormwater Utility. The Select Board may adopt, pursuant to any applicable
law or Bylaw, a Stormwater Utility pursuant to M.G.L. Chapter 83 Section 16 and
Chapter 40 Section 1A. The Select Board shall administer, implement, and enforce this
Utility. Failure by the Canton Select Board to promulgate such a Stormwater Utility
through its Regulations or a legal declaration of its invalidity by a court shall not act to
suspend or invalidate the effect of the other provisions of this Bylaw.
H. Stormwater Management Design Credit System. The Ganton Gonse rvation
Commission Board of Public Works may adopt, through the Stormwater Management
Rules and Regulations authorized by this Stormwater Management Bylaw, a
Stormwater Management Design Credit System. This credit system will allow
applicants the option, if approved by the Commission Board of Public Works, to take
credit for the use of stormwater low impact design practices to reduce some of the
requirements specified in the criteria section of the Regulations. Failure by the
Commission Board of Public Works to promulgate such a credit system through its
Regulations or a legal declaration of the invalidity of the credit system by a court shall
not act to suspend or invalidate the effect of the other provisions of this Bylaw.
5. PROCEDURES
Permit Procedures and Requirements shall be defined and included as part of any rules
and regulations promulgated as permitted under Section 4.B. of this Bylaw. As revisions
to this Bylaw may precede updates to the Stormwater Management Rules and
Regulations, in case of conflict, this Bylaw shall govern and the Conservation
Commission Stormwater Authority and or its authorized Agent(s) may waive provisions
of the Stormwater Management Rules and Regulations which are in conflict with this
Bylaw. Applicants should consult with the Gonservation-■Agent Stormwater Authority.
6. ENFORCEMENT
The Conservation Commission Stormwater Authority and Erosion and Sediment
Control Authority as or an authorized agent(s) of the Conservation-Commission Board
of Public Works shall enforce this Bylaw, regulations, orders, violation notices, and
enforcement orders, and may pursue all civil and criminal remedies for such violations.
Enforcement shall be further defined and included as part of any Stormwater
regulations promulgated as permitted under Section 4.B. of this Bylaw.
7. COORDINATION WITH OTHER TOWN DEPARTMENTS
Any person filing a permit application with the Conservation Commission Stormwater
Authority shall submit a copy thereof at the same time, by email, certified mail, or hand
delivery, to the Select Board, Planning Board, WW Engineering Department-DPW
Engineering Department, Conservation Commission, Board of Appeals, Board of
Health, Fire Chief and the Building Inspector. The person filing such application shall at
the same time submit to the Conservation-Gomm ission Stormwater Authority a written
notice that these copies have been submitted to these other boards, departments and
officials. The Conservation Commission Stormwater Authority shall not take final action
5Source page 18
on an application until such boards, departments and officials have had fourteen
calendar days from their receipt to submit written comments, if any, to the
Conservation Commission Stormwater Authority. The applicant shall have the right to
receive such written comments, if any, and to respond to them, if desired, prior to final
action.
8. DEFINITIONS
The following definitions shall apply in the interpretation and implementation of this
Bylaw. Additional definitions may be adopted by separate regulation:
ALTER: Any activity which will measurably change the ability of a ground surface area
to absorb water or will change existing surface drainage patterns. Alter may be
similarly represented as "alteration of drainage characteristics," and "conducting land
disturbing activities."
AUTHORIZED AGENT(S): A Town of Canton department, board or employee that has
been granted the authority to act on behalf of the Board of Public Works regarding
implementing the Stormwater Management Bylaw and Stormwater Management
Rules and Regulations. Authorized agents include, but not limited to, the Stormwater
Authority and the Erosion and Sediment Control Authority as defined in this Bylaw.
BEST MANAGEMENT PRACTICE (BMP): Structural, non-structural and managerial
techniques that are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater runoff volumes and flows, reduce point source
and nonpoint source pollution, and promote stormwater quality and protection of the
environment. "Structural" BMPs are devices that are engineered and constructed to
provide temporary storage and treatment of stormwater runoff. "Nonstructural" BMPs
use natural measures to reduce pollution levels, do not require extensive construction
efforts (e.g. policies or procedures such as enhanced street sweeping), and/or
promote pollutant reduction by eliminating the pollutant source.
EROSION AND SEDIMENT CONTROL AUTHORITY: The Town of Canton Conservation
Commission or its authorized agent.
EROSION AND SEDIMENT CONTROL METHODS -PLAN: /^document containing
^Narrative, drawings, and details developed by a qualified professional engineer (PE) or
a Certified Professional in Erosion and Sediment Control (CPESC) which includes best
management practices or equivalent measures designed to control surface runoff,
erosion and sedimentation during pre-construction and construction related land
disturbing activities in accordance with requirements of this bylaw.
EROSION: The wearing away of the land surface by natural or artificial forces such as
wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and
transportation of soil particles.
GRADING: Changing the level or shape of the ground surface.
HOTSPOT: Land uses or activities with higher potential pollutant loadings, such as auto
salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with
high intensity use, road salt storage areas, commercial nurseries and landscaping,
outdoor storage and loading areas of hazardous substances, or marinas.
6Source page 19
LAND-DISTURBING ACTIVITY (also referred to as LAND DISTURBANCE, DISTURBANCE OF LAND and
LAND
ALTERATION): Any activity that causes a change in the position or location of soil, sand,
rock, gravel, or similar earth material; results in an increased amount of runoff or
pollutants; measurably changes the ability of a ground surface to absorb waters,
involves clearing (of soil, trees or vegetation) and grading, and/or results in an alteration
of drainage characteristics.
LOW IMPACT DESIGN (formerly Better Site Design): Site design approaches and
techniques that can reduce a site's impact on the watershed through the use of
nonstructural stormwater management practices. Also known as environmentally
sensitive design, low impact design includes conserving and protecting natural areas
and greenspace, reducing impervious cover, and using natural features for stormwater
management.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The Standards issued by
the Massachusetts Department of Environmental Protection, as further defined in the
Massachusetts Stormwater Handbook, as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21,
§. 23-56. The Standards address stormwater impacts through implementation of
performance standards to reduce or prevent pollutants from reaching water bodies and
control the quantity of runoff from a site.
MAJOR STORMWATER MANAGEMENT PERMIT: Required prior to any construction
activity or land disturbance, including clearing, grading, excavation, or
redevelopment that may result in the disturbance of:
• 3,000 square feet or more of land area for all properties except Single Family
Residential and Two-Family Residential Properties,
• Exceptions as noted in Section 5.0(A) of the Stormwater Management Rules and
Regulations.
MINOR STORMWATER MANAGEMENT PERMIT: Required prior to any construction
activity of land disturbance, including clearing, grading, excavation, or
redevelopment that may result in the disturbance of:
• 1,000 square feet or more of land area for Single Family and Two-
Family Residential Properties;
• 1,000 to 2,999 square feet of land area for all other properties;
• Exceptions as noted in Section 5.0(A) of the Stormwater Management Rules and
Regulations
MS4 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM:
The system of
conveyances designed or used for collecting or conveying stormwater, including any
road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping
facility, retention or detention basin, natural or man-made or altered drainage channel,
reservoir, and other drainage structure that together comprise the storm drainage
system owned or operated by the Town of Canton.
NEW DEVELOPMENT: Any construction or land disturbance of a parcel of land that is
currently in a natural vegetated state and does not contain alteration by man-made
activities.
7Source page 20
NONPOINTSOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall
or snowmelt moving over and through the ground. As the runoff moves, it picks up and
carries away natural and human-made pollutants, finally depositing them into water
resource areas.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE
PERMIT: A permit
issued by United States Environmental Protection Agency or jointly with the Commonwealth of
Massachusetts that authorizes the discharge of pollutants to waters of the United States.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a
stormwater management system in perpetuity to ensure that it continues to function
as designed.
PERSON: Any individual, group of individuals, association, partnership, corporation,
company, business organization, trust, estate, the Commonwealth or political
subdivision thereof to the extent subject to Town Bylaws, administrative agency, public
or quasi-public corporation or body, the Town of Canton and any other legal entity, its
legal representatives, agents, or assigns.
POLLUTANT: Any element or property of sewage, agricultural, industrial or
commercial waste, runoff, leachate, heated effluent, or other matter, whether
originating at a point or nonpoint source, that is or may be introduced into any sewage
treatment works, stormwater management system or facility, watercourse, or Waters
of the Commonwealth. Pollutants include, but are not limited to:
i. Paints, varnishes, and solvents;
II. Oil and other automotive fluids;
HI. Nonhazardous liquid and solid wastes and yard wastes;
iv. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordnance, accumulations and floatables;
v. Pesticides, herbicides, and fertilizers;
vi. Hazardous materials and wastes;
vii. Sewage, fecal coliform and pathogens;
viii. Dissolved and particulate metals;
lx. Animal wastes;
x. Rock, sand, salt, soils;
xi. Construction wastes and residues; and
xii. Noxious or offensive matter of any kind.
PRE-CONSTRUCTION: All activities in preparation of construction.
8Source page 21
PRE-DEVELOPMENT: The conditions that exist at the time that plans for the
development of a tract of land are submitted to the Canton Conservation Commission
Stormwater Authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at the time prior
to the first plan submission shall establish pre-development conditions.
RECHARGE:-The process by which groundwater-is-replenished by precipitation through
the percolation of runoff and sur-faee-into the-seil-The process of replenishing
groundwater through the infiltration of surface water, such as precipitation or treated
stormwater runoff, into the underlying soil and eventually reaching the groundwater
table.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface, including impervious
surfaces, on previously developed sites resulting in the decrease of impervious surface
area. The creation of new areas of impervious surface or new areas of land disturbance
on a site constitutes development, not redevelopment, even where such activities are
part of a common plan which also involves redevelopment. Redevelopment includes
maintenance and improvement of existing roadways including widening less than a
single lane, adding shoulders, correcting substandard intersections, improving existing
drainage systems and repaving; and remedial projects specifically designed to provide
improved stormwater management such as projects to separate storm drains and
sanitary sewers and stormwater retrofit projects.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from
its original to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will
be performed.
STORMWATER AUTHORITY: The Town of Canton GefrservatfomGomm+ssion
Superintendent of Public Works or te their authorized agent(s). The Conservation
Commission Superintendent of Public Works or their authorized agent(s) is
responsible for coordinating the review, approval and permit process as defined in this
Bylaw. Other Boards and/or departments participate in the review process as defined
in the Stormwater Management Rules and Regulations adopted by the Conservation
Commission Board of Public Works.
--------- STORMWATER MANAGEMENT FEE: a charge-fer the use-ohthe-Stermwater
Management Services.
STORMWATER MANAGEMENT SYSTEMS AND FACILITIES: Including, but not limited
to, natural and man-made channels, swales, ditches, rivers, streams, brooks, creeks,
wetlands, branches, reservoirs, ponds, drainageways, drainage structures,
conveyances, storm drains, catch basins, inlets, gutters, pipes, culverts, bridges,
headwalls, storm sewers, lakes, outfalls, and other physical works, properties, and
improvements that collect, transport, transfer, control, pump, treat, convey, detain,
retain, dispose of, or otherwise influence the movement of stormwater runoff.
9Source page 22
STORMWATER UTILITY: A specific management structure for the Stormwater
Management Utility Fee, in which a municipal utility is established to administer the
fee for the Town to provide and the Stormwater Management Program Services
similar to a water or sewer utility. Refer to the Canton Stormwater Utility Rules and
Regulations.
STORMWATER UTILITY FEE: The periodic user fee imposed by the Town of
Canton for providing stormwater management services. Refer to the Canton
Stormwater Utility Rules and Regulations.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the
Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the
United States as defined under the Federal Clean Water Act as hereafter amended.
9. SEVERABILITY
The invalidity of any section, provision, paragraph, sentence, or clause of this Bylaw shall
not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor
shall it invalidate any permit or determination that previously has been issued.
Or to take any other action related thereto.
Select Board
MOVED: That General Bylaw Article XXI STORMWATER MANAGEMENT be
amended as presented in the warrant.
FINANCE COMMITTEE VOTE: 9-0
Emilio Mauro, Chair of the Finance Committee, moved Article 32 as printed in the warrant, with the
scrivener's error corrected.
VOTED: Article 32 adopted as printed.
MODERATOR DECLARED ARTICLE ADOPTED BY VOICE VOTE
Attest:
10Source page 23
TOWN OF CANTON
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 33
AMEND GENERA L B YLAW ARTICLE XXIII STRETCH ENERGY CODE (SPECIALIZED ENERGY CODE)
Article 33 To see if the Town will vote to amend General Bylaw Article XXIII to change the
code to Specialized Energy Code by adding and deleting language as outlined in the following
with new language in bold and language to be deleted in strikethrough.
ARTICLE XXIII STRETCH SPECIALIZED ENERGY CODE
1. DEFINITIONS The terms below shall have the following meanings for the purposesof this Article
XXIII.
International Energy Conservation Code (IECC) - The International Energy
Conservation Code (IECC) is a building energy code created by the International Code
Council. It is a model code adopted by many state and municipal governments in the
United States for the establishment of minimum design and construction
requirements for energy efficiency, and is updated on a three-year cycle. The baseline
energy conservation requirements of the MA State Building Code are the IECC with
Massachusetts amendments, as approved by the Board of Building Regulations and
Standards.
SPECIALIZED ENERGY CODE- Codified by the entirety of 225 CMR 22 and 23
including Appendices RC and CC, the Specialized Energy Code adds residential and
commercial appendices to the Massachusetts Stretch Energy Code, based on
amendments to the respective net-zero appendices of the (IECC) to incorporate the
energy efficiency of the Stretch Energy Code and further reduce the climate impacts
of buildings built to this code, with the goal of achieving net-zero greenhouse gas
emissions from the buildings sector no later than 2050
Stretch Energy Code - Codified by 225 CMR 22 and 23, not including Appendices RC
and CC, the Stretch Energy Code is a comprehensive set of amendments to the IECC
seeking to achieve all lifecycle cost-effective energy efficiency in accordance with
the Green Communities Act of 2008, as well as to reduce the climate impacts of
buildings built to this code.
2. PURPOSE The purpose of 780 GM-R 115.AA the Specialized Energy Code 225 CMR 22 and
23 including Appendices RC and CC, is to provide a more energy efficient alternative to the
Stretch Energy Code or the Base Energy Code, applicable to the relevant sections of the
Building Code for both new construction and existing buildings.
3. APPLICABILITY The Stretch Specialized Energy Code applies to residential and commercial
buildings. Buildings not-ineluded in this scope shall-Gemply-with-7-8Q-CMR 13, 34, 51?as
4. STRETCH CODE The Stretch Godej-as codified-by the-Board of Building Regulations-and
Standards as 780 GMR Appendix -1-1-SrAA, including any-future editions, amendments or
modifications? is-hereindneorpor-ated-by reference into these General Bylaws, Article XXIII-
1Source page 24
4. SPECIALIZED ENERGY CODE The Specialized Energy Code, as codified by the entirety of 225
CMR 22 and 23 including Appendices RC and CC, and also including any future editions,
amendments, or modifications, is herein incorporated by reference into the Town of Canton
General Bylaws, Article XXIII,
5. ENFORCEMENT The Stretch Specialized Energy Code is enforceable by the Building Commissioner.
6. Effective DATE This chapter and by its incorporation herein, the Specialized Energy
Code, 225 CMR 22 and 23 including Appendices RC and CC, shall take effect in the Town
of Canton with an effective date of January 1, 2027, subject to the provisions of MGL
Chapter 40, Section 32.
Or take any other action related thereto.
This Article serves two purposes. One, to modernize, clarify, consolidate and eliminate
redundancies in the Town's current Energy Building Code and General Bylaws. Secondly, the
addition of Specialized Code, while only applicable to new construction and without replacing
the existing Base and Stretch Code, greatly increases both energy efficiency in new buildings
construction and consumer choice, ensuring consumer protection through energy affordability
and avoiding costly future retrofits.
Select Board for the Sustainability Climate Action Plan Committee
Select Board of Discussion: The Select Board does not support this article at this time due to
concerns about potential unintended consequences associated with adopting the Specialized
Energy Code. While the goals of increased energy efficiency are recognized, the Board is
concerned that the additional requirements may significantly increase construction costs,
which could discourage new development and negatively impactfuture economic growth in
the Town. Additionally, the Select Board believes there has not yet been sufficient public
education and community discussion regarding the full costs, benefits, and implications of
adopting the Specialized Energy Code. For these reasons, the Board recommends further
outreach and evaluation before considering adoption. Vote 2-3-0
MOVED: That General Bylaw Article XXIII be amended to change the Stretch
Energy Code to Specialized Energy Code by adding and deleting language as presented in the
warrant.
FINANCE COMMITTEE VOTE: 5-3
Emilio Mauro, Chair of the Finance Committee, moved Article 33 as printed in the warrant.
VOTED: Article 33 adopted as printed.
ADOPTED BY A VOTE OF 110 IN FAVOR - 79 OPPOSED
Attest:
2Source page 25
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 43
AMEND ZONING BYLAW SECTION 8.1 ACCESSORY DWELLING UNITS
Article 43 To see if the Town will vote to amend Zoning Bylaw Section 8.1 as follows, with new
language underlined and in bold and deleted language In strikethrough.
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;
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 or by Special Permit, 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 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;
B. -44re-ADUissubjeet4e-dfmcnsional-setbaeks-a&theprtmary-residcnce,-as-provided4nSeetien4.0
of thisZoning-By-Law
D C. No ADU shall be constructed without issuance of a building permit by the Building
Commissioner; and
6 D, 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.
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 asirtgleTamiiy—dwelling the principle structure,
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 one (1) off-street parking space per ADU in addition to the parking spaces that are
required by the underlying zoning district for the Principle Use:
B. No additional parking spaces 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 residential structure primary use 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, or to take any other action related thereto.
Select Board forthe Planning BoardSource page 26
PLANNING BOARD DISCUSSION: The public hearing for Article 43 was held by the Planning Board on
February 18, 2026. The Town Planner introduced the article and explained the proposed changes. This
article proposes to amend the text in Section 8.1. The text changes are to align the bylaw with the
Promulgated Guidelines of the Affordable Homes Act. The Board clarified that the dimensional
requirements were not being altered and took a vote to close the public hearing and send a positive
recommendation, with the following changes, to Town Meeting, which carried 5-0-0.
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 8.1, be amended as set forth In the Warrant with the clerical
correction of changing the spelling of the word principle to p-r-l-n-c-l-p-a-l wherever it appears.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE VOTE: 6 - 0
Emilio Mauro, Chair of the Finance Committee, stated that the Finance Committee supports this article by a vote of
6-0 and deferred to the Planning Board as this is a Planning Board article.
David McCarthy, Chair of the Planning Board, moved Article 43 as printed in the warrant and gave the following
report:
"Article 43 was published in the Canton Citizen on Thursday, January 29th, 2026 and Thursday, February 5th, 2026
and was made available in the office of the Planning Board, the Town Clerk, and the Select Boards Office for public
inspection.
A public hearing was held at a meeting of the Planning Board on Wednesday, February 18th, 2026.
The Planning Board voted 5-0-0 to send a positive recommendation that this article be accepted at Town Meeting
with the following motion.
MOVED: That the Zoning By-law, Section 8.1, be amended as set forth in the Warrant with the clerical correction of
changing the spelling of the word principle to p-r-l-n-c-l-p-a-l"
Connor Murphy, Town Planner, explained that Canton approved changes to Accessory Dwelling Units at the Special
Town Meeting In 2024. The regulations were promulgated by the Secretary of State on January 30, 2025. There
were several discrepancies between the adopted text and the promulgated regulations. The changes are minor
administrative changes that do not alter the intent of the section nor the applicable setbacks or design regulations.
VOTED: Article 43 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
Attest:Source page 27
ANNUAL TOWN MEETING
MAY 11, 2026
ARTICLE 44
AMEND ZONING BYLAIV SECTION 11.0 DEFINITIONS
Article 44 To see If the Town will vote to amend Zoning Bylaw Section 11.0 as follows, with
new language underlined and in bold and deleted language in strikethrough.
11.0 DEFINITIONS
Accessory Dwelling Unit: A secondary dwelling unit, but not a mobile home, located either
within or on the same lot as a principle 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. Or to take any other action related thereto.
Select Board for the Planning Board
PLANNING BOARD DISCUSSION: The public hearing for Article 44 was held by the Planning
Board on February 18, 2026. The Town Planner introduced the article and explained the
proposed changes. This article proposes to amend the text in Section 8.1. The text changes are
to align Section 11.0 (Definitions) with the Promulgated Guidelines of the Affordable Homes Act.
The Board had no questions and took a vote to close the public hearing and send a positive
recommendation to Town Meeting, which carried 5-0-0.
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 11.0, be amended as set forth in the
Warrant with the clerical correction of changing the spelling of the word principle to p-
r-i-n-c-i-p-a-1 wherever it appears.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE VOTE: 6 - 0
Emilio Mauro, Chair of the Finance Committee, stated that the Finance Committee supports this article by a vote of
6-0 and deferred to the Planning Board as this is a Planning Board article.
David McCarthy, Chair of the Planning Board, moved Article 44 as printed in the warrant and gave the following
report:
"Article 44 was published in the Canton Citizen on Thursday, January 29th, 2026 and Thursday, February 5th, 2026
and was made available in the office of the Planning Board, the Town Clerk, and the Select Boards Office for public
inspection.
A public hearing was held at a meeting of the Planning Board on Wednesday, February 18th, 2026.
The Planning Board voted 5-0-0 to send a positive recommendation that this article be accepted at Town Meeting
with the following motion.
MOVED: That the Zoning By-law, Section 11.0, be amended as set forth in the Warrant with the clerical correction of
changing the spelling of the word principle to p-r-l-n-c-l-p-a-l wherever it appears."
Connor Murphy, Town Planner, explained that the changes are minor administrative changes.
VOTED: Article 44 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
Attest:Source page 28
ANNUAL TOWN MEETING
MAY 11, 2026
ARTCILE 45
AMEND ZONING MAP OF CANTON BY REMOVING CCEOD A
Article 45 To see if the Town will vote to amend the Zoning Map of the Town of Canton,
Massachusetts by removing the "Canton Center Economic Opportunity District A" or to
take any other action related thereto. Select Board for the Planning Board
PLANNING BOARD DISCUSSION: The public hearing for Article 45 was held by the Planning
Board on February 18, 2026. The Town Planner introduced the article and explained the
proposed changes. This article proposes to amend the Zoning Map by removing the Canton
Center Opportunity District A. The Town had previously removed the Zoning Text allowed for
this District. The Board had no questions and took a vote to close the public hearing and send a
positive recommendation to Town Meeting, which carried 5-0-0.
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended as set forth in the Warrant.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE VOTE: 7 - 0
Emilio Mauro, Chair of the Finance Committee, stated that the Finance Committee supports this article by a vote of
6-0 and deferred to the Planning Board as this is a Planning Board article.
David McCarthy, Chair of the Planning Board, moved Article 45 as printed in the warrant and gave the following
report:
"Article 45 was published in the Canton Citizen on Thursday, January 29th, 2026 and Thursday, February 5th, 2026
and was made available In the office of the Planning Board, the Town Clerk, and the Select Boards Office for public
inspection.
A public hearing was held at a meeting of the Planning Board on Wednesday, February 18th, 2026.
The Planning Board voted 5-0-0 to send a positive recommendation that this article be accepted at Town Meeting
with the following motion.
MOVED: That the Zoning Map be amended as set forth in the Warrant."
Connor Murphy, Town Planner, explained that a year ago the Town voted to remove the CCEOD districts from the
Zoning By-Laws and the area is now incorporated into the Central Business District that succeeded the district as the
new underlying zoning. This article will correct the zoning map and this obsolete district will be removed.
VOTED: Article 45 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTESource page 29
ANNUAL TOWN MEETING
MAY 11, 2026
ARTCILE 46
AMEND ZONING MAP OF CANTON BY REMOVING CCEOD B
Article 46 To see If the Town will vote to amend the Zoning Map of the Town of Canton,
Massachusetts by removing the "Canton Center Economic Opportunity District B" or to
take any other action related thereto. Select Board for the Planning Board
PLANNING BOARD DISCUSSION: The public hearing for Article 46 was held by the Planning
Board on February 18, 2026. The Town Planner introduced the article and explained the
proposed changes. This article proposes to amend the Zoning Map by removing the Canton
Center Opportunity District B. The Town had previously removed the Zoning Text allowed for
this district. The Board had no questions and took a vote to close the public hearing and send a
positive recommendation to Town Meeting, which carried 5-0-0.
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended as set forth in the Warrant.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE VOTE: 7 - 0
Emilio Mauro, Chair of the Finance Committee, stated that the Finance Committee supports this article by a vote of
6-0 and deferred to the Planning Board as this is a Planning Board article.
David McCarthy, Chair of the Planning Board, moved Article 46 as printed in the warrant and gave the following
report:
"Article 46 was published In the Canton Citizen on Thursday, January 29th, 2026 and Thursday, February 5th, 2026
and was made available in the office of the Planning Board, the Town Clerk, and the Select Boards Office for public
inspection.
A public hearing was held at a meeting of the Planning Board on Wednesday, February 18th, 2026.
The Planning Board voted 5-0-0 to send a positive recommendation that this article be accepted at Town Meeting
with the following motion.
MOVED: That the Zoning Map be amended as set forth in the Warrant."
Connor Murphy, Town Planner, explained that this is the second of three zones the Town has already voted to remove
from the Zoning By-Laws. This article will correct the zoning map and this obsolete district will be removed.
VOTED: Article 46 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
Attest:Source page 30
ANNUAL TOWN MEETING
MAY 11, 2026
ARTCILE 47
AMEND ZONING MAP OF CANTON BY REMOVING CCEOD C
Article 47 To see if the Town will vote to amend the Zoning Map of the Town of Canton,
Massachusetts by removing the "Canton Center Economic Opportunity District C" or to
take any other action related thereto. Select Board for the Planning Board
PLANNING BOARD DISCUSSION The public hearing for Article 47 was held by the
Planning Board on February 18, 2026. The Town Planner introduced the article and explained
the proposed changes. This article proposes to amend the Zoning Map by removing the Canton
Center Opportunity District C. The Town had previously removed the Zoning Text allowed for
this district. The Board had no questions and took a vote to close the public hearing and send a
positive recommendation to Town Meeting, which carried 5-0-0.
PLANNING BOARD MOTION:
MOVED: That the Zoning Map be amended as set forth in the Warrant.
PLANNING BOARD VOTE: 5-0-0
FINANCE COMMITTEE VOTE 7-0
Emilio Mauro, Chair of the Finance Committee, stated that the Finance Committee supports this article by a vote of
6-0 and deferred to the Planning Board as this is a Planning Board article.
David McCarthy, Chair of the Planning Board, moved Article 47 as printed in the warrant and gave the following
report:
"Article 47 was published in the Canton Citizen on Thursday, January 29th, 2026 and Thursday, February 5th, 2026
and was made available in the office of the Planning Board, the Town Clerk, and the Select Boards Office for public
Inspection.
A public hearing was held at a meeting of the Planning Board on Wednesday, February 18th, 2026.
The Planning Board voted 5-0-0 to send a positive recommendation that this article be accepted at Town Meeting
with the following motion.
MOVED: That the Zoning Map be amended as set forth In the Warrant."
Connor Murphy, Town Planner, explained that this is the third of three zones the Town has already voted to remove
from the Zoning By-Laws. This article will correct the zoning map and this obsolete district will be removed.
VOTED: Article 47 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
Attest: