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2025 Attorney General approval letter for ATM articles pdf file
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Source page 1
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 12, 2025. Article 22 - AMEND GENERAL BY-LAW (CAASA) ARTICLE XVI SECTION 24 Article 28 - AMEND ZONING BY-LAW SECTION 9.1 FLOOD PLAIN OVERLAY DISTRICT Article 29 - amend zoning by-law section 11.0 Article 30 - AMEND TABLE OF USE REGULATIONS, TABLE A Article 31 - ADD ZONING BY-LAW SECTION 8.8 MIXED-USE Article 32 - AMEND ZONING BY-LAW SECTION 10.7 CANTON CENTER DESIGN REVIEW Article 33 - AMEND ZONING BY-LAW SECTION 4.3.7 HEIGHT EXCEPTION FOR CENTRAL BUSINESS DISTRICT Article 34 - AMEND ZONING BY-LAW SECTION 9.8 CCEOD Article 35 - AMEND ZONING MAP 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 10, 2025 DECISION RECEIVED BY THE TOWN CLERK: September 11,2025 CANTON CITIZEN PUBLICATION DATES: September 18 & September 25, 2025 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 2
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 10, 2025
Tracy K. Kenney, Town Clerk
Town of Canton
801 Washington Street
Canton, MA 02021
Re: Canton Annual Town Meeting of May 12, 2025 - Case # 11916
Warrant Articles # 28, 29, 30, 31, 32, 33, 34 and 35 (Zoning)
Warrant Article # 22 (General)
Dear Ms. Kenney:
Articles 22, 28, 29,30, 31, 32,33, 34 and 35 - We approve Articles 22, 28, 29, 30, 31, 32,
33, 34 and 35, and the map amendment related to Article 35, from the May 12,2025 Canton Annual
Town Meeting. Our comments regarding Article 28 are provided below. We will return the
approved map to you by regular mail.
Article 28 - Under Article 28, the Town amended its zoning by-laws by amending Article
XVI, “Special Flood Hazard Area Requirements.” The zoning amendments are adopted to comply
with the latest Federal Emergency Management Agency (FEMA) requirements for communities
that choose to participate in the National Flood Insurance Program (NFIP). We approve Article 28
because it does not conflict with state law. See Amherst v. Attorney General, 398 Mass. 793, 795-
96 (1986) (requiring inconsistency with state law or the Constitution for the Attorney General to
disapprove a by-law).
The text in the Special Flood Hazard Area Requirements by-law appears to follow the
“Massachusetts 2020 Model Floodplain Bylaw” provided by the Massachusetts Department of
Conservation and Recreation (“DCR”) Flood Hazard Management Program.1 The DCR Flood
Hazard Management Program is the state coordinating office for the NFIP. According to DCR’s
website, they provided the Model Floodplain Bylaw to Massachusetts communities “to assure that
their local bylaws...contain the necessary and proper language for compliance with the NFIP”.
For this reason, we approve Article 28. The Town should consult with Town Counsel and the DCR
Flood Hazard Management Program regarding the application of the zoning by-laws amended by
Article 28.
1 See littps://www.mass.gov/guides/floodplain-inanageinent#-2020-niassachusetts-mo.Source page 3
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
'S/a/Ae&na
By: Tasheena M. Davis
Assistant Attorney General
Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
Tasheena.davis@mass.gov
413-523-7704
cc: Town Counsel Paul R. DeRensis
2Source page 4
ARTICLE 22 AS APPROVED BY ATTORNEY GENERAL AMEND GENERAL BY-LAW (CAASA) ARTICLE XVI SECTION 24 VOTED: That the Town amend the General By-Law (CAASA) Article XVI Section 24 paragraph (b) by striking "seven (7)'' and replace it with "eight (8)" in the second line and add "one member representing the Department of Elder and Human Services" before "one member representing the Fire and Rescue Department..." in the fifth line. Section 24, as amended: Section 24. Town of Canton Substance Abuse Committee 16-24 (a) Appointment, Powers - The Select Board shall appoint a Town of Canton Substance Abuse Committee for the purpose of coordinating, developing and/or carrying out programs designed to prevent and meet the problems of substance abuse. (b) Composition - The Select Board shall appoint the Town of Canton Substance Abuse Committee consisting of eight (8) members. Upon acceptance of this by law, the Board shall appoint three (3) members for three (3) year terms, two (2) members for two (2) year terms and two (2) members for one (1) year terms. The members appointed by the Select Board shall to the extent practicable include one member representing the Department of Elder and Human Services, one member representing the Fire and Rescue Department, one member representing the Police Department, one member representing the School Department, one member representing the Health Department and one member representing the Parks and Recreation Department. Members can be re-appointed for concurrent terms. The members of the Town of Canton Substance Abuse Committee shall serve without pay. (c) Vacancies - Whenever a vacancy shall occur in the membership of the Town of Canton Substance Abuse Committee, by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Select Board for the remainder of the term. (d) Organization - The Town of Canton Substance Abuse Committee at its first annual meeting and thereafter, annually in April of each year, shall elect from its membership a Chair, Vice-Chair, Clerk and Treasurer. Each officer shall hold office until the next annual election. In the event a vacancy occurs in any of the offices above, the Town of Canton Substance Abuse Committee shall hold a special meeting for the purpose of electing one of its members to fill such vacancy. (e) Annual Report - The Committee shall prepare and submit an annual report of its activities to the Town and shall send a copy thereof to the Select Board. 16-24 Inserted under Article 32, ATM May 9, 2016 and amended under Article 57, ATM May 8, 2017. Section (b) amended under Article 22, ATM May 12, 2025.
Source page 5
ARTICLE 28 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING BY-LAW SECTION 9.1 FLOOD PLAIN OVERLAY DISTRICT
VOTED:
9.1 FLOODPLAIN OVERLAY DISTRICT
9.1.1 Purpose. The purpose of the Floodplain Overlay District is to:
1. Ensure public safety through reducing the threats to life and personal injury
2. Eliminate new hazards to emergency response officials
3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution
due to flooding
4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility
network and impact regions of the community beyond the site of flooding
5. Eliminate costs associated with the response and cleanup of flooding conditions
6. Reduce damage to public and private property resulting from flooding waters
9.1.2 Definitions. For purposes of this Section 9.1, the following definitions shall apply:
DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to
building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For
maps done in 1987 and later, the floodway designation is included on the FIRM.) (if applicable in your community)
FLOOD HAZARD BOUNDARY MAP (FHBM.) An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion areas having special hazards have been
designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59] (if applicable in your community)
FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59]
Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that
have been certified either:Source page 6
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of
the first floodplain management code, regulation, ordinance, or standard adopted by the authority having
jurisdiction, including any subsequent improvements to such structures. New construction includes work
determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY - see FLOODWAY.
SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate
Map or other flood hazard map as Zone A, AE, Al-30, A99, AR, AO, AH, V, VO, VE or Vl-30. [Base Code, Chapter
2, Section 202]
START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing
structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement is within 180 days after the date of issuance. The actual start of construction means the first
placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring
of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the
installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of
temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main building. For a substantial improvement, the actual "start of construction" means the first
alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE means, for floodplain management purposes, a walled and roofed building, Including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or
replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or
exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of
50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall
determine it to be substantial repair of a foundation. Applications determined by the building official to constitute
substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the
requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US
Code of Federal Regulations, Title 44, Part 59]
VIOLATION means the failure of a structure or other development to be fully compliant with the community's
flood plain management regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as
that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
9.1.3 Scope of Authority. The Floodplain District is herein established as an overlay district. The District includes
all special flood hazard areas within Canton designated as Zone A, AE, AH, AO, A99, V, or VE on the Norfolk County
Flood Insurance Rate Map (FIRM) dated June 4, 1987 issued by the Federal Emergency Management Agency
(FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall
be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County
Flood Insurance Study (FIS) report dated June 4, 1987. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Engineer, Building Official, and Conservation Commission.Source page 7
9.1.4 Applicability. The Town of Canton requires a permit for all proposed construction or other development in
the floodplain overlay district, including new construction or changes to existing buildings, placement of
manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving
and any other development that might increase flooding or adversely impact flood risks to other properties.
The town's permit review process includes the requirement that the proponent obtain all local, state and federal
permits that will be necessary in order to carry out the proposed development in the floodplain overlay district.
The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been
acquired.
9.1.5 Designation of Community Floodplain Administrator. The Town of Canton hereby designates the
position of Town Planner to be the official floodplain administrator for the Town.
9.1.6 Floodway Encroachment. In Zones A, Al-30, and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
In Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on the Town's/City's FIRM
or Flood Boundary & Floodway Map (choose map which delineates floodways for your community) encroachments
are prohibited, including fill, new construction, substantial improvements, and other development within the
adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the base flood discharge.
9.1.7 Unnumbered Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building
department will obtain, review and reasonably utilize base flood elevation and floodway data available from a
Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other
development in Zone A and as the basis for elevating residential structures to or above base flood level, for
floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments
in floodways.
9.1.8 Drainage Requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided
around structures on slopes, to guide floodwaters around and away from proposed structures.
9.1.9 Subdivision Proposals. All subdivision proposals and development proposals in the floodplain overlay
district shall be reviewed to assure that:
(a) Such proposals minimize flood damage.
(b) Public utilities and facilities are located & constructed so as to minimize flood damage.
(c) Adequate drainage is provided.
When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the
proponent must provide technical data to determine base flood elevations for each developable parcel shown on
the design plans.
9.1.10 Recreational Vehicles. In A, Al-30, AH, AE Zones, Vl-30, VE, and V Zones, all recreational vehicles to be
placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and
elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
9.1.11 Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the Floodplain
Administrator shall notify the following of any alteration or relocation of a watercourse:
• Adjacent Communities, especially upstream and downstream
• Bordering States, if affected
• NFIP State Coordinator
• NFIP Program Specialist
9.1.12 Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood
elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these
changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted
to:
NFIP State Coordinator
NFIP Program SpecialistSource page 8
9.1.13 Variances to Building Code Floodplain Standards. The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district. 9.1.14 Variances to Local Zoning By-Law Related to Community Compliance with National Flood Insurance Program (NFIP). The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district. 9.1.15 Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes. 9.1.16 Disclaimer of Liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection. 9.1.17 Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
Source page 9
ARTICLE 29 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING BY-LAW SECTION 11.0
VOTED: That the Town amend Zoning By-Laws Section 11.0 as follows, with new word definitions being
incorporated into the existing text in order alphabetically with the existing word definitions:
1. By adding the definition of "Mixed-Use" as follows:
Mixed-Use: A building containing residential in addition to non-residential uses.
2. By adding the definition of "Gross Floor Area" as follows:
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space, attic space, and
spaces used for heating and utilities and other mechanical apparatus, storage and/or automobile parking.
3. By adding the definition of "Development Parcel" as follows:
Development Parcel: One or more lots which together are designated by a project applicant as a Development
Parcel. The lots comprising a Development Parcel need not be in the same ownership. Where the Development
Parcel consists of more than a single lot, the lots, in combination, shall be treated as the Development Parcel, may
be contiguous or non-contiguous, and shall be considered one 'Development Parcel' per the application.
4. By amending the definition of "Common Open Land" as follows:
Common Open Land: A parcel or parcels of undeveleped-land-or-an area of water, or a combination of
undeveloped land and water within-the-site-designated for a Flexible Residential Development—maintained and
preserved for open uses, and designed and intended for the use or enjoyment of residents of the Flexible
Residential-Development. Common Open Land may contain such complementary structures and improvements-as
arc necessary and appropriate for the benefit and enjoyment of residents of the Flexible Residential Development,
but shall not include streets or parking areas except-those-incidental to-open space use. An area of land
containing no building, structure, parking areas, driveways or roadways other than those structures
and/or facilities which are used for recreational and/or community use by the occupants of a property
or members of the public.
5. By deleting the definition of and definitions associated with "Mixed Use Overlay District" as follows:
Mixed Use Overlay District: The following definitions shall apply in the MUOD,-Section 9.4.
------------ Applicant! The person-or-persons, including a corporation or other legal entity-,-who applies for issuance
of a special permit for construction of an MUOD-project,-hereunder. The applicant must own or be the
beneficial owner of all the land included in the proposed MUOD site or have authority from the owner(s) to
act for the owner(s) or hold an option or contract duly executed by-the-owner(s) and the applicant giving
the latter the right to acquire the land-to-be-ineluded in the site.
------------ Buffer; An area within the MUOD adjacent to the boundaries, streams-and-ponds, which may not be
developed except as provided herein.-
------------ Development Schedule: A schedule showing the order and timing-of-construction and the sequence of
the improvements to be built or furnished in the MUOD site, separated into stages where applicable?
------------ Gross Square Feet of Nonrcsidcntial-Fleer-Ar-eai The total-nen-residential floor area contained within
exterior walls but does not include-basemcnt space used for heating and utilities, storage-or-fer
automobile parking.
Mixed Use: A use which utilizes a minimum of sixty percent (60%) and a maximum-ebsevent-y-flve
percent (75%) oka building or buildings as residential use and a minimum of twenty-five percent (25%)
aod-a-maximum of forty percent-(-40%) as non-residential use. At least twelve perc-enb(-l-2%-)-ef-the
residential use shall bo for affordable housing-as defined in G.L. c. 4&B?
Open Space: Any such area of land containing no building, structure, or impervious surface material. In
the-event natural materials (i.e. brick-, stone, pavers, etc.) arc used in the construction of walkwaysy
courtyards, patios, etc.-t-he-area-ef-those surfaces can be credited towards the open space requirement.
Professional Office: The office of one skilled in an occupation that primarily serviees-elients-or-pat-ients
rather than customers including but not limited to the office-of-a4awyerrdeetor, dentist, architect,-
engineer, real estate agent, insurance agent or-the studio of an artist—musician or teacher, or the
workroom of a dressmaker, milliner, or-photographer.Source page 10
Regulations? The applicable rules and-regulations of the Zoning Board-relative to--special permte-and siteplaas. The Zoning-Board of Appeals, as theSpecial Permit Granting Authority, reserves the right to modify and/or waive any and all-roquirements-described in this stiction. Upland Acres? Land without a-wct area and net subject to flooding. -Wet Areas? All land subject to the provisions of-G.L. c. 131, s. dO and d&A
Source page 11
ARTICLE 30 AS APPROVED BY ATTORNEY GENERAL
AMEND TABLE OF USE REGULATIONS, TABLE A
VOTED: That the Town amend Zoning By-law Section 3.1.4 Table of Use Regulations as follows, with bold and
underlined language indicating changes, or take any other action related thereto:
PRINCIPAL USE SR GR B CB LI LI LI I POS
(B) (C)
A. Residential Uses
Single family dwelling Y Y N N N N N N N
Two-family dwelling, if located on a lot N Y N N N N N N N
nciviriy tin urcu mryer ciiuii mu iiinirtiiuni
IlCrCIHul LCI i C*C|UiiC>Cl i Cl 1 LIIC^ C,CJiioCI UC,CiClli
cu u sinyie iciiiniy tiwcitiiiy nt ttTC uiacrict
square feet
Assisted Living and/or Independent Living N BA BA BA N BA BA N N
Facility1
Boarding or lodging house2 N BA N N N N N N N
Mixed-Use building34containing dwelling N N Y Y N N N N N
units in combination with stores or
Cl C11C-1 pj C, 1 1111C CC, Cl Cl o C> II ICJCrfuCC^Cl Cl ■ I <J IC3L
iidviiiy u muiiiiiuiii uiuu ui tun iiluuautiu
(10,000) square feet for the first
dwelling unit and an additional two
C'f 10 Uou 11 Cl ^x-yClUCl j SC|Udl C TC/CxL lOl CULll
dwelling-unit-in excess of one (1)
accommodated therein
Multi-family dwelling5 N BA N N N N N N N
1 See Section 8.2.2 and 8.7 for special regulations
2 See Section 8.3 for special regulations
3 See Section 8.8 for special regulations
4 See Section 8.2 for special regulationsSource page 12
ARTICLE 31 AS APPROVED BY ATTORNEY GENERAL
ADD ZONING BY-LAW SECTION 8.8 MIXED-USE
VOTED: That the Town add Zoning By-law Section 8.8 MIXED-USE as follows or take any other action related
thereto:
8.8 MIXED-USE
8.8.1 Purpose.
1. To promote public health, safety, and welfare by encouraging active community life;
2. To mitigate traffic congestion by promoting housing proximate to compatible commercial uses.
3. To enable the creation of livable, walkable neighborhoods in the town's commercial districts.
4. To encourage the continued use of historic village centers.
5. To promote the creation of affordable and attainable housing opportunities for all incomes and ages by
increasing residential density and mixed-use where appropriate.
8.8.2 Definitions. Within this section, the following terms shall have the following meanings:
1. Active Use. Any public or semi-public use that encourages pedestrian activity along the front of a building
and utilization of a building during substantial portions of the day on most days. Examples of active uses
include but are not limited to:
a. Retail
b. Restaurant or bar
c. Entertainment uses
d. Personal service uses such as salons, barber shops, or spas
e. Artist galleries and artist studios, provided a publicly accessible gallery is included
f. Publicly facing government services
g. Health and fitness facilities
2. Back-lot Structure. Any building that does not front a public way or public open space and which is not
the most visually prominent building on a parcel when viewed from the primary public way or public open
space adjacent to that parcel.
3. Ground Floor Frontage. The ground floor facade of the principal structure which faces a public way or
public park or, in the case of a corner lot, the facade which faces the more prominent public way or public
park.
4. Office Uses, Consumer-Facing. Any business or professional offices, medical offices, urgent care
facilities, and accessory leasing offices, provided those uses can reasonably expect regular visits of clients
and customers. This includes but is not limited to doctors' offices, dentists, attorneys, financial services,
realtors, and others, provided these uses meet the general definition given here.
5. Office Uses, Non-Consumer-Facing. Any business, professional, medical, or other office uses that do
not meet the definition of consumer-facing offices. This includes but is not limited to professional services
and administrative service offices with infrequent visits from clients and customers.
6. Semi-Active Amenity Uses. Accessory communal areas, amenity areas, or services for the building
residents only.
7. Upper Floor. Any full story above the ground story of a building.
8.8.3 Applicability. Mixed-use developments that follow the provisions of this section shall be allowed
according to the Table of Use Regulations in this Zoning By-Law.
8.8.4 Use Regulations, Principal Structures. The following regulations shall govern the uses located within
the principal structures of mixed-use developments.
1. Ground floor, fronting a public way or public park
a. Uses allowed by right
I. Active uses as defined in this section
II. Consumer-facing office uses
iii. An entryway, lobby, and related circulation areas leading to parts of the building that are
either on upper floors or not fronting a public way
iv. Semi-active amenity uses
b. Uses allowed by special permit
i. Non-consumer-facing office uses
c. Uses Not permitted
I. Housing units
II. Parking and driving aisles, except driving aisles to reach parking facilities when there is
no alternative access available
iii. Automobile-oriented uses, including but not limited to auto repair, car washes, and
drive-through retail or food service
iv. Building mechanical, maintenance, or operations
v. Any other use that is not open to the publicSource page 13
2. Ground floor, not fronting a public way or public park
a. Uses allowed by right
I. Active uses as defined in this section
ii. Consumer-facing and non-consumer-facing office uses
iii. Semi-active amenity uses
iv. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
v. Accessory storage for building residents
vi. Building mechanical, maintenance, or operations
b. Uses allowed by special permit
I. Housing Units
3. Upper floors
a. Uses allowed by right
I. Housing units
ii. Semi-active amenity uses
iii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iv. Accessory storage for building residents
v. Building mechanical, maintenance, or operations
4. Below ground areas
a. Uses allowed by right
I. Semi-active amenity uses
ii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iii. Accessory storage for building residents
iv. Building mechanical, maintenance, or operations
v. Parking
b. Uses allowed by special permit
i. Active uses as defined in this section, provided uses are visible from the ground floor
and can be accessed from a public way or public park
ii. Office uses, consumer facing and non-consumer-facing
c. Uses not permitted
I. Housing units
8.8.5 Use Regulations, Back-lot Structures. The following regulations shall govern the uses located within
any back-lot structures in mixed-use developments.
1. Uses allowed by right.
a. Semi-active amenity uses
b. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
c. Accessory storage for building residents
d. Building mechanical, maintenance, or operations
e. Parking
2. Uses allowed by special permit
a. Active uses as defined in this section, but only on the ground floor or lowest upper floor
b. Office uses, consumer-facing and non-consumer-facing
c. Housing units
3. Uses not permitted
a. Automobile-oriented uses, including but not limited to auto repair, and drive-through uses
8.8.6 Dimensional Regulations. Mixed-use developments permitted under this section shall follow the
dimensional regulations in Section 4 of this Zoning By-Law.
8.8.7 Site Planning.
1. Principles. The site plan of mixed-use developments permitted under this section should adhere to the
following principles:
a. Promote a walkable and vibrant public realm along a public way or public open space.
b. Emphasize the connection between public ways and open spaces and the uses of the building.
c. Promote the active use of any space between the ground floor frontage and public right-of-way.
d. Minimize the visual and physical impact of parking facilities, primarily from the street in front of
the site and secondarily from the side and rear, through building placement and context-
appropriate landscaping treatments.
2. Standards
a. Automobile parking facilities shall be behind the principal structure. In cases where parking
behind the structure is not feasible, parking to the side of the structure is permitted, provided it
is set back at least ten feet from the front of the front facade.
b. Loading facilities shall not be located at the ground floor frontage. If possible, loading facilities
should be located at the rear of the building.
c. To the extent possible, automobile access to parking and loading should be located at the side or
rear of the parcel and should be screened from view from the public ways or public open spaces
along the front of the parcel and from side and rear adjacent parcels.
d. Bicycle parking should be located near the primary entrance to the development's housing units
and/or the primary entrance to ground floor units.Source page 14
e. The principal entrance of any ground floor active use space should be along the ground floor
frontage.
f. The principal entrance leading to the housing units may be along the ground floor frontage or
along the side or rear facades.
g. Exterior stairs leading to residential portions of the mixed-use development should be located on
the side or rear of the building.
8.8.8 Moderate Income Units. For developments proposing five (5) residential units or more, not fewer than
ten percent (10%) of the dwelling units shall be deed restricted in perpetuity for occupancy by persons
earning not more than eighty percent (80%) of the area median income as defined and regulated by the
Commonwealth's Executive Office of Housing and Livable Communities (EOHLC). For purposes of
calculating the number of units of Affordable Housing required within a development project, a fractional
unit shall be rounded up to the next whole number. Moderate-income housing units must be integrated
into the overall development so as to prevent the physical segregation of such units and otherwise shall
be indistinguishable from market rate units.
8.8.9 Severability. The provisions of this section are severable. If any court of competent jurisdiction shall invalidate
any provision herein, such invalidation shall not affect any other provisions of this section. If any court of
competent jurisdiction shall invalidate the application of any provision of this section to a particular case, such
invalidation shall not affect the application of said provision to any other case within the Town.Source page 15
ARTICLE 32 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING BY-LAW SECTION 10.7 CANTON CENTER DESIGN REVIEW
VOTED: That the Town amend Zoning By-law Section 10.7 as follows, with bold and underlined language indicating
changes.
10.7 CANTON CENTER DESIGN REVIEW
10.7.1 Purpose. The purpose of this section is to preserve and enhance Canton Center's cultural, economic and
historical resources by providing a detailed design review of the exterior appearance of buildings and sites located
within the Central Business District boundaries of the Canton Center Economic Opportunity District. The
design review procedure shall:
1. Enhance the social and economic viability of Canton Center by preserving property values and promoting
the attractiveness of Canton Center as a place to live, visit and shop;
2. Protect and preserve the historic and cultural heritage of Canton Center by promoting the conservation
of buildings or groups of buildings that have aesthetic or historic significance, or are determined to contribute
to the character of Canton Center by the Planning Board.
3. Promote and encourage building design and building alterations that are compatible with the existing
environment and are of superior quality or appearance; and
4. Promote flexibility and variety in future development to enhance the natural and aesthetic qualities of
Canton Center.
10.7.2 General. The Planning Board shall follow the Canton Center Design Principles contained in this Section
10.7 and any applicable regulatory policies or guidelines that may be adopted. The Planning Board shall
keep in mind that the design of buildings is determined by (1) the nature of the site, (2) the nature of the materials
used, (3) the nature of the building itself and (4) the nature of the architect.
Each building is more than a separate structure: it is part of the Canton Center Townscape. The proper use of scale
and proportion has the unique capacity to unite the different parts of the Canton Center so that each building
preserves its own identity, and yet each building blends into the whole. The expression of tradition and culture
through the scale and proportions of buildings and the spaces between buildings defines the Canton Center
Townscape.
10.7.3 Not Used Model.—The applicant shail-provide a three dimensional Study Model (Model) of-the
proposal, if required by the Zoning Board of Appeal. At a minimum, the Model shall include, but not be
limited toT-the-following:
------------ 1. Proposed building(s);
------------ 2. Neighboring buildings, as determined by the Planning Board;
------------ 3. Property lines;
------------ 4. Proposed topography modeled attwo (2) foot intervals;
------------5. Location and dimensions of drives,parking-areas7~waH<s and paths;
6. Location and characteristics of-any-eommon open space, usable open space- or natural open
space (Forge Pond, Canton River);
------------7. Proposed Landscaping;
------------ 8. Public streets and roadways;
------------9. Any othci^significant facilities or structures deemed-appr-epriate by the---------Planning Board;
------------ 10. A legend that explains the design principles-employcd in designing the site.
-The-Medel shall accurately replicate the applicant's proposal and be of sufficient-detail to clearly-illustrate
the nature of the site, the nature of the materials used;- and the nature of the building. The model shallSource page 16
be constructed at a scale of 1" ■■ 10', subject to the discretion of the Zoning Board of Appeals to require
a scale of-I " ■ S'.
10.7.4 Canton Center Townscape. The design or redesign of buildings in Canton Center shall acknowledge and
respect the surrounding existing patterns of development, open space and natural resources (Forge Pond and the
Canton River).
10.7.5 Townscape Design; Statement of Principals.
1. To promote the thoughtful design or redesign of buildings within the Central Business District Canton
Center Economic Opportunity District.
2. To enhance the open space between existing and proposed buildings.
3. To promote the visual and functional duality of Canton Center.
4. To promote a pedestrian friendly scale and that links the development to the surrounding buildings,
neighborhood and natural environment (Forge Pond and the Canton River).
5. To provide buildings in scale and in proportion to the adjacent existing structures, open space and natural
and manmade environment.
6. To visually relate proposed buildings to their surroundings with respect to: Height; Street facade;
Materials, texture and color; Roof slopes; Quality and quantity of open space; Human Scale; Spacing of
buildings and signs; Fenestration; Quality of open space and landscapes; Natural environment; Handicapped
pedestrian access; and Building proportions.
10.7.6 Open Space. The design of new or altered buildings shall insure that valuable open space within Canton
Center is created, and that existing open space is preserved, protected, and enhanced. Proposals shall be consistent
with the Canton Center's open space goals, policies, objectives and plans.
10.7.7 Open Space Design; Statement of Principles.
1. To provide public access to Forge Pond and the Canton River.
2. To provide enjoyable and usable private and public open space that will add to the amenities of Canton
Center.
3. Development or redevelopment shall provide public and/or private open space and enhance adjacent
open spaces. The scale, proportions, setbacks, height, and roof slopes of proposed buildings shall be
compatible with existing or newly created open space.
4. Existing landscaping and landforms shall be incorporated into plans and used to the advantage of the
design.
5. To provide small parks with benches and other amenities that are accessible to the general public.
6. Non-surface off-street parking shall be provided to minimize paved surface areas, wherever possible.
10.7.8 Preservation and Enhancement of Landscape. The design of new or altered buildings shall insure the
integration of existing vegetation, landforms and water resources (Forge Pond/Canton River) into development plans,
keeping in mind the relationship of the natural environment to surrounding properties and the Canton Center
Townscape. All development or redevelopment within the Canton Center-Economic OpportunityDistrict
is encouraged to exceed the landscaping and screcning-reqtrirements of the Zoning By law;
10.7.9 Preservation and Enhancement of Landscape Design; Statement of Principles.
1. To promote the skillful use of existing topography, landforms and landscaping, including the preservation
of natural landscaping by minimizing tree and soil removal and the restoration of landscaping and wildlife
habitat to its natural state.
2. To provide landscaping and grades changes that either strengthen or buffer the visual relationship with
surrounding areas.
3. Provide trees, shrubs and groundcovers noted for longevity, low maintenance requirements, attractive
appearance, ability to survive, and screening ability.Source page 17
4. Plant evergreens to provide an effective year round buffer between business and residential areas.
5. Provide plantings, planters and flower boxes to visually break up paved areas and/or to enhance an
ordinary facade.
6. Plant additional street trees and landscaping in public areas when projects impact the public streetscape.
7. Provide seasonal decorations, benches, etc.
10.7.10 Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of a shopping
district. To maximize their effectiveness, every sign and awning shall be an integral part of its building, and each
shall be complementary to adjacent signs and awnings. As a result, they become part of an overall image, each sign
and awning supporting the other and each helping to draw customers. All signs and awnings shall conform to the
maximum area height, number, setback and illumination requirements set forth in Zoning By-law Section 6.3.
10.7.11 Signs and Awnings Design; Statement of Principles.
1. Signs and awnings shall be compatible throughout Canton Center.
2. The size, location, design, color, texture, lighting and materials of signs and awnings shall be compatible
with and complementary to the New England "Colonial" or New England "Victorian" style.
3. Signs and awnings on the same building or on a series of attached buildings shall have consistency of
size, location, design, color, texture, lighting, materials and expression.
4. Signs and awning shall be carefully integrated with the building facade.
5. Place sign and awnings consistent with architectural details and not in conflict with building details such
as cornices, arches, lintels, pediments, windows, pilasters, etc.
6. Mount signs and awnings to align with other signs on the building, or installed within the natural sign
band formed by the building's details and cornices.
7. Signs shall not overpower the rest of the storefront, and be attractive as designs in themselves.
8. The design of lettering, materials and colors shall result in good visibility and be compatible and
complementary with other signs and awnings on the building.
9. Simple graphic symbols that are easily recognizable and clearly identify the particular good or services
being offered are the best.
10. Lettering shall be legible and oriented to the pedestrian on the sidewalk and to slow moving traffic.
There is no need to design signs for fast moving vehicles.
11. Signs and awnings shall creatively express the nature of the business in a New England "Colonial" or
New England "Victorian" style.
10.7.12 Heritage Structures. The Planning Board shall insure that proposed new buildings respect adjacent
Heritage Structures. When appropriate, the Planning Board will consult with and request opinions and information
from the Historical Commission regarding Heritage Structures.
1. The Planning Board shall prepare a "Canton-Center Heritage Structure Survey and Findings
Report" which shall identify the building or groups of buildings within the Canton Center
Economic Opportunity District that-huve aesthetic-er historic signrftcance-or-are determined-to
contribute to the-eharacter of Canton Center. Heritage Structures arc defined asr-(-l) Historic
Structures, -(-Z-)- noteworthy Period Structures,- and (3) structures or groups of structures
determined to contribute to the character of Canton Center us determined by the Planning Board.
-The Planning Board shall promote-thc preservation of Heritage Structures and-shall actively
advocate for their rehabilitation;
10.7.13 Heritage Structures Design; Statement of Principles.
1. Rehabilitation of Heritage Structures shall be done with sensitivity to the structure, with as little deviation
as possible from the design intent of the original building. Proposals for a facade renovation or new building
construction that use a particular historical style or period style shall utilize accurate elements of that style.Source page 18
2. Architectural or Period elements of Heritage Structures shall be preserved during any additions,
renovations, or conversions. Sign and facade alterations shall not conceal architectural elements. The
covering or removal or original facade elements (columns, pilasters, fenestration, arches, lintels, and
decorative elements) shall not be allowed.
3. The renovation or alteration of Heritage Structures shall maintain size and proportions of windows and
doors; windows and doors shall not be enlarged. Any new work shall fit within the scale of the existing
windows and doors and repeat the window and door rhythms that already exist.
4. The renovation or alteration of Heritage Structures shall maintain the original materials if possible; new
materials shall reflect and maintain the original textures and visual effect.
5. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed front
porches. Front porches are attractive, provide important balance to the building, and present a historically
functional part of the building.
6. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed
building details such as molding, coping lines or parapets, columns and piers.
7. The renovation or alteration of Heritage Structures shall install signage that is fitting with the image of
the building, often small-scaled to remain dignified.
8. The renovation or alteration of Heritage Structures shall provide color schemes typical of original building.
9. The renovation or alteration of Heritage Structures shall remove false building fronts including fascia
panels, mansard roofs, and any other material that covers and disrupts the original building detail.
10. The renovation or alteration of Heritage Structures shall conceal all mechanical equipment on roofs,
including metal chimneys, and at grade from view. An elevator penthouse, if added, shall be placed to
minimize its visibility and shall be integrated into the design of the building so as to not detract from the
significant architectural elements of the building or streetscape.
11. The impacts of new construction on adjacent Heritage Structures shall be minimized. Such devices as
building placement, spatial design and landscaping may be used to mitigate impacts on historical structures.
10.7.14 Not Used
10.7.15 Not Used
10.7.16 Not Used
10.7.17 CCBRBt Administrative Procedures. It is the responsibility of the applicant to distribute copies of plan
that require design review to the members of the Planning Board. The applicant shall provide six efcrfrt (6) copies of
plans and related materials required for design review. The original copy of the dated Planning Board application
(requesting Canton Center Design Review) shall be filed with the Board of Appeals.
1. Not Used It is the responsibilityof the applicant to distribute the study model (if applicable)
to the Planning Board office at the time of-distribution of copies of plans that require design
review.-
2. The Planning Board shall within thirty (30) days following the date such distribution is made, file a Canton
Center Review findings and Recommendations Report with the Board of Appeals. Failure to file within the
time designated shall be deemed to be a recommendation the plan be approved, unless the Chairman of
the Planning Board submits to the Board of Appeals within the initial thirty (30) day period and with the
consent of the applicant, a request to extend the time of filing for an additional thirty (30) days.
3. Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and recommendations
of the Planning Board's design review, the ZBA shall not be bound by any specific findings or
recommendations.
10.7.18 Uses and Activities Subject to Design Review. The following uses and activities in the Central
Business Canton Center Economic Opportunity District shall be subject to design review:
1. Requests for sign permits submitted in accordance with the provisions of Section 6.3;Source page 19
2. Requests for site plan approval submitted in accordance with Section 10.5;
3. Not Used Reattests for a special permit submitted in accordance with Section 9.8, Canton
Center Economic Opportunity District; and
4. Any construction, alteration, demolition or removal of a structure or site, other than any construction,
alteration, demolition or removal of a single family residence which does not change the single family use
of the structure or site, shall be subject to review by the Planning Board. This includes all actions except
those that are considered to be routine maintenance.
10.7.19 Design Standards and Criteria.
1. Specific Site Design Standards:
i. Building Placement: The building shall be placed at the front of the property and oriented along
the street to be the most prominent feature of the property and define the primary and secondary
street frontages.
ii. Parking Placement: Parking is reguired to be located to the rear of the building or underground
integrating with the foundation of the building.
iii. Integrated Access Drives: All access drives shall be designed to be secondary to the sidewalk.
Sidewalks shall be continuous and uninterrupted in materials, elevation, and grading.
iv. Compatible with Context: The site design including the selection of materials and products
shall contribute to a cohesive Downtown environment and strengthen the sense of place.
2. Specific Frontage Design Standards:
i. Integrated with Public Realm: The private property between the front lot line and the building
shall be integrated and indistinguishable from the adjacent public realm.
ii. Coordinated Materials: The surface treatments of sidewalks and plazas on the private property
shall extend the materials, details, and design features of the adjacent public realm.
iii. Extended Sidewalk Area: The space between the building and the street shall be an extension
of the sidewalk and public realm.
3. Specific Building Design Standards:
i. Building Scale Horizontally: The building massing and form shall be designed to reduce the
scale of the building by breaking the horizontal building mass into smaller "bays." No bay shall
be wider than 40 feet.
ii. Building Scale Vertically: The building massing and form shall be designed to reduce the scale
of the building by breaking the vertical building mass to reduce the perceived height of the
building. For example, a step back at the top floor reduces the visual impact of the height of that
floor.
iii. Step Back: The fourth floor must step back 12 feet from the front and sides of the third floor.
iv. Relationship to Context: Building height and massing should respond to and complement the
abutting context by responding to the height of surrounding buildings with a change in building
massing, a step back or feature of the architectural design or building materials.
4. Specific Facades, Windows and Doors Design Standards:
i. Active Ground Floor: The ground floor must place active uses with transparent windows toward
the primary frontage. The ground floor facade must be a minimum of 60% transparent glass
(including window trim, sills, spacers, and mullions.
ii. Facade Transparency: The ground floor shall be more transparent with glass storefronts
showing active uses within the building. The upper levels shall be less transparent and shift from
a storefront system to punched window openings.
iii. Facade Visual Interest: Any side of the building that is visible from a street or sidewalk shallSource page 20
have windows. Blank walls do not contribute to a vibrant downtown environment. Where a blank
wall length greater than 40 feet is unavoidable it shall be location of an art installation or mural.
5. Specific Parking Design Standards:
i. Parking Location: All parking shall be located to the rear of the building or in some
circumstances designed to be integrated with the foundation of the building with integrated
ramp access to parking below grade.
ii. Efficient Parking Access: Access to parking shall be as efficient as possible and reduce conflict
with sidewalks.
iii. Minimize Sidewalk Disruption: Minimize the width of curb cuts and driveways, with a
preference for the narrowest width possible.
6. Specific Signage Design Standards:
i. Consistent Sign Band: In order to strengthen the downtown environment, signage shall be
attached to the building at a consistent height above the ground floor storefront system in a
"sign band" area.
7. Specific Landscape and Open Space Design Standards:
i. Landscape as a Feature of Downtown: A lush and enhanced landscape should be viewed as one
of the common characteristics of Canton Center. An increase in the amount of landscaping and
its enhanced maintenance and care should be a noticeable feature of the district.
ii. Preserve Existing Trees: Existing trees shall be preserved on the property with a particular
focus on preservation and protection of established street trees, shade trees, and mature trees
providing buffers to adjacent properties. It is less costly to preserve and enhance existing trees
and shrubs. When undertaking construction or improvements, ensure that existing trees are
well-protected. Consult with the landscape professional as to accepted arbor care standards for
tree and plant protection.
8. Specific Pedestrian and Bicycle Improvement Design Standards:
i. Integrate Secure Bicycle Parking Areas: Parking for bicycles shall be integrated into the site
design for the property providing convenient locations to securely lock bicycles on the property.
9. Specific Site Service and Utilities Design Standards:
L Locate Behind the Building: All loading, service, and access areas shall be located to the rear
of the building.
ii. Screening Reguirements: All dumpsters or other service areas shall be completely visually
enclosed with a screening wall or fence and integrated with the overall site layout.
iii. Integrate with the Rear Ground Floor Facade: Loading dock and service areas that are part of
the building shall be located on the rear facade and shall be integrated with the design of the
ground floor.Source page 21
ARTICLE 33 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING BY-LAW SECTION 4.3.7 HEIGHT EXCEPTION FOR CENTRAL BUSINESS DISTRICT
VOTED: That the Town add Zoning By-law Section 4.3.7 Exception for Central Business District as follows or take
any other action related thereto:
4.3.7 Exception for Central Business District.
In the Central Business District, the Board of Appeals may, in a specific case during site plan review, allow a
maximum height of four stories or fifty-two feet (52') for a building, whichever is lower, in accordance with the
following provisions:
1. The building must be proposed as mixed-use with non-residential uses on the ground floor; and
2. The fourth floor must step back 12 feet from the front and sides of the third floorSource page 22
ARTICLE 34 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING BY-LAW SECTION 9.8 CCEOD
VOTED: That the Town delete Zoning By-law Section 9.8 CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT
(CCEOD) and replace with NOT USED
9.8 Not Used CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT (CCEOD)
9.8.1—Sub districts. The CCEOD is divided into three separate and distinct sub-districts of Canton Center as
follows:
ir—Priority-Revitalization Area "A": That area of Canton Center-that runs (1) along Washington Street
from Neponset Street to Sherman Street, a-distance-of approximately two thousand-(-2OO0) linear feet
and (2) that area zoned "Industrial” that runs along Pequit Street in the-vicinity of Washington Street,
to the Northern border of the District.
2?—Priority-Revitalization Area "B": That area of Canton Center-that runs (1) along Washington Street
from Sherman Street to Lewis Street, a distance of-approximately one thousand (-l-O0O)4inear feet,
but excluding (2) that-area-ef-land designated as "Industrial" that runs along Pequit Street in the
vicinity of Washington Street to the Northern border of the-Bistr-iet?
3?—Priority Revitalization-Area "C": That-area of Canton Center that runs along Revere Street from
the boundary of Priority Revitalization "A" to the intersection of the railroad-bridgc/tracks and Revere
Street, a distance approximately 2,300 linear feet.
4?—Priority Revitalization Areas "A" and "B" are shown on a map entitled "Canton Center Economic
Opportunity District (Priority Revitalization Area "A" and Priority Revitalization "B")-prepared by the
Canton Planning Department-and-dated December 20, 2004.
5?—Priority Revitalization Area "C" is shewn on map entitled "Canton Center Economic-Opportunity
District (Priority Revitalization Area "C") prepared by Vanasse-Hangen Brustlin, Inc. and dated
January 5, 2015.
&.—The maps described immediately above are hereby incorporated by reference in this Section 9.8?
Tv—Certain activities in The Priority Revitalization Areas are subjeet-te-Design Review as set forth in
section 10.7.
9.8.2 Priority Revitalization Area "A"; Purpose-. Priority Revitalization Area "A" is established for the
accomplishment-ef the following purposes:-
------------- 1. To promote the economic health and stability of the Town by encouraging develepmenb-and-economic
investment in the Canton-Center that will generate employment and-tax-r-evenuer
^~To provide additional planning flexibility for projects located in Canton Center-, induding-enbancing the
coordination of the projeet-with the environmental and natural features-of the development site.
3. To encourage mixed-use development, including but not limited to, offices, retail shops, and multi
family housingv
4. To-permit and encourage the development of parks and open spaces, which would bo available for use
by the general public,-as-a-eondition for the grant of a special permit pursuant to this Section 9.8
authorizing an increase in the otherwise permissible density of population or intensity of a particular use in
a proposed development pursuant to the requirements of this Section.
5. To permit the use of now development standards-which will promote the desired changes in Ganton
Center?
6. To provide informat-ien-on the potential impacts of a proposed development.
7. To enable the Special Permit Granting-Autherity-(-SPGA) to require adherence to "Site Development
and Use Plans" in the granting of a special permit.
9t8t3—Priority Revitalization Area "A"; Definitions. For the special purposes of Area "A", the following words
and phrases shall have the meaning hereinafter indicated:Source page 23
Building-Height: Building height shaH-be limited as-set forth in this Section and measured as set for-ttein
the State Building Code 780-CMR 101.0 et neg.
Buildable-tot Area: A buildable lot area shall be a-singie continuous tract of land leeated entirely within
Priority Revitalization Area-"A" which is contiguous with the frontage, and which excludes-any-iand defined
as a "Resource Area" under the Massachusetts Wetlands Protection Act(MtC.L. c.. 131, s. 40) and any
required yard area.
Gross square feet of nonresidential floor area: The total nonresidential floor area containcd-w+thin exterior
walls but-docs not include basement space used for heating and utilities, storage or for-automobile
parking;
9.8.4 Priority Revitalization Area "A"; Scope. ef Authority. Priority Revitalization Area "A" shall be an overlay
district and shall not restrict the-ewner's rights relative to the underlying zoning districts. However, if the owner
selects to use Priority Revitalization Area "A" for development purposes, the development shall conform-to-the
requirements of this-Section for Priority Revitalization Area "A".
9.8; 5 Priority Revitalization Area "A"; Special Permit Granting Authority.-Thc Board of Appeals is hereby
designated as the Special Permit Granting Authority (SPGA) for all purposes in Priority Revitalization Area "A". All
special permit applications shall conform to the standards and criteria of this-Section and the Zoning Board-ef
Appeals Rules and-Rcgulations governing the-administration of applications for special permits.
9.8.6 Priority Revitalization Area "A"; Applicability; In Priority Revitalization-Area "A", no building. shail-be
constructed or externally cnlarged7-and no use shall be expanded in ground-area, or established in-an existing
building except in-eonformity.with a special permit-issued by the Board of Appeals-and a Site Development and. Use
Plan that bears the-cndorscmcnt of approval by the Board of Appeals. Requirements and-Precedurcs for approval -ef
such Site Development-and Use Plan shall be in. aecordance-with-Section 10.5 and this Section;
9.8.7 Priority Revitalization Area "A"; Special-Permit Criteria. In addition to the specific criteria contained
within Section -1-&B1-, the SPGA shall issue-a-special permit for development within Priority Revitalization Area "A-
enly after consideration of the project's compliance with the following additional criteriar
------------- 1. Adequacy of the site in terms ef the size of the proposed use(s);
-------------2. Adequacy of the provision of open. space, its accessibility to the general public, and/or its association
with adjacent or proximate open space areas;
-------------3. Suitability of the site for the proposed-usefsjj
------------ 4. Impact on traffic and.pedestrian flow-and safety;-
-------------5. Impact on the visual-character of the neighborhood;
-------------6. Adequacy of utilitie57-4ncluding-sewage disposal, watersupply and.storm waterdrainage; and
------------ 7. Degree to which the proposed project complies with the goals of theCantonCenterRevitalization Plan
and the provisions of this Sectiem
9.8.8 Priority Revitalization-Area "A"; Special Permit Uses-; Within Priority Revitalization Area "A", theBeard
ef-Appeate may-issue a special permit authorizing the following uses. No building or structure shall be designed;
arranged or constructed and no building, structure er land shail-be used, in whole or in part, for-any purpose other
than for one or mere of the uses-herein set forth as permissible by special permit;
------------- 1. Apartment houses er-buildings.-
-------------2. Retail-stores and offices including salesrooms and showrooms, consumer service establishments;
business-and-prefessionai-effices, executive and administrative offices, banks and other-institutions.
-------------3. All uses allowed by-right or by special permit in the underlying zoning district.-
-------------4. Restaurant and--ether on promises eating and drinking establishments;
9;8.9 Priority Revitalization Area "A";-Standards.Source page 24
1. Minimum--tot Size. The minimum lot size is ten thousand (10,000) square feet-of-"buildablc lot area."
The4et must contain the "buildable lob-area" in a singlereontigueus site within the boundaries of Priority
Revitalization-Area "A". No portion of a way or street, as defined by the by-law may-bo included in
computing the minimum required "buildable-let area".
-2. Lot Coverage^-No building shati-be-constructedso as to cover, together-withany other building onthe
lot, more than fifty (50%) percent of the "buildable-lot area";
3. Minimum Lot Frontage and Access. Lots-with over sixty-thousand (60,000) sq. ft. of "buildable let
area" shall have-a minimum frontage--ef one hundred--twenty (120) feet and at least-one (1) means of
mgress/egress. Each means of ingress/egress shall have a continuous frontage of-net-less than sixty (60)
fnoi-
I C-L- L ■
4. Density;.. No building or structure shall be designedy-arranged or constructed andno building, structure
or land shall be used, in whole or in part, which exceeds the-dcnsities-specifiedbelew-for residential-and
nonresidential uses.
-a;---------- 10,000 square feet oi lot. area required for the first-dwelling unit-and
SyOOQ square feet of additional lot area required for each additional
dwelling unit thcreafter.-
to---------- Three thousand (3,000) gross square feet of nonresidential floor-area per ton thousand
(10,000) sq. ft. of "buildable-lot area" or portion thereof.
5. Setbacks and Yard Regulations for-Buildings. No building shall be constructed so as to be nearer to the
tine of any street than the "required-setback distance" or nearer to the sidelines of its lot than the
"required-side-yard width'-'-er nearer to the rear line of itt; lot than the "required-rear-yard depth" specified
below. The required setback distance-shall be measured from the nearest exterior line of the street-in
question.
------------------------- m--------- Required Setback-Distance----- 15-feet
------------------------- b;--------- Required Side Yard Width----- N/A
------------------------- &--------- Required Rear Yard Depth------25 feet
-------------6. Storage or Display. No storage-er-display of-goedsy-preducts, materials or equipment;-vending
machines or similar commercial devices shall bedocated nearer to the line of any street than the permitted
setback-distance for a building on the-lot.
-------------7-.—Change of Lot. No lot on whieh-a-building is located shall be reduced or changed in size or shape so
that the building or lot fails-to comply with the "buildable lot-area", frontage; building coverage, yard
setback, or other dimensional provisions of this Section.
-------------8. Height Regulations. No building -shall be constructed to exceed forty (40) feet in-height or a total of
three (3) stories (for commercial or residential use), whichever is lower.
9.8.10 Priority-Revitalization Area "A"; Common Open-L-and. Each site is encouraged to have Common
Open Land for use by the general public. The-epen space shall have a shape, dimension, character and location
suitable-to assure its use for park or open space purposes by the general public, and seventy-five percent (75%) of
the-land to be considered as Common Open Land shall be contiguous--and no piece of land to be included as part of
the calculation of Common Open Land shall-eensist of a piece less than two hundred (200) square feet in size.
9.8.11 Priority Revitalization Area "A-^Parking Requirements. In Priority Revitalization Area "A", there
shall be-providod and-maintained improved off street-automobile parking in connection with. the erection;
establishment or increase in units-or dimensions of buildings; structures and uses, in the required amounts
stipulated in the-Zoninq By-law Section 6.1 Off Street parking.
9.8.12 Priority Revitalization Area "A"; Below Grade Structured Parking. Below grade automobile parking
shall-be-permitted within the basements of buildings provided that such "structured basement" automobile parking
is exclusively reserved-for motor--vehicles of residents or employees of the development.
1. Below grade structured-parking may-be-designed to allew-two (2) cars to park in "tandem". In such
eases, each of the two (2) "tandenrt-'-parking spaces shall be counted as providing a parking-space for theSource page 25
purpose of mating Uie of‘:<.treet parking requirement of this by law. "Tandem1'. parking is defined as-two
(2) parking spaces placed one-behind another in-single file;
9.8.13 Not Used
9.8.14 Priority Revitalization Area "A"; Signs and Advertising Devices. The provisions of Section 6.3 Signs
is adopted for the regulation and restrietien-ef billboards;. signs and other advertising-devices with the Canton
Center Economic Opportunity District.
9.8.15 Priority Revitalization Area "A"; Ccrtified-Aeoustical Barriers. No activity or use shall be allowed
which causes exterior noise levels to exceed a day night average sound level-et-65 decibels (65 L dn) at- the-let
line; no dwelling unit shall be located where exterior noise-levels exceed a day-night average sound level of 65
decibels (65 L dn); and-no dwelling uniUshall be constructed which allows interior noise levels-to exceed a day-
night-average sound level of 45 decibels (45 L dn). The day night average sound level (L-dn) is the twenty-four
(24) hour average sound level, in decibels; resulting from-the accumulation of noise from all sources contributing
to-the external noise environment of the site with 10 decibels added to sound levels occurring from 10:00 a.m. to
7:00 p.m. The-day-night average sound.level (L dn) shall be dctermineddn-accordanee-with The Code of Federal
Regulations Title 24-Housing and Urban Development, Par t 51 Environmental Criteria and Standards (24 CFR5-1)t
9.8.16 Priority Revitalization Area "A"; Affordable Units. As a condition for the grant of a special permit
pursuant to this Section authorizing an increase in the otherwise permissible density or population or intensity-ef a
particular use in-a-proposed development pursuant to the requirements of-this Section, at least fifteen percent
(15%) of the dwelling units shall be-deed restricted in-perpetuity, except for four (4) units or less, the Board may
decide to waive this requirement; for Occupancy by persons earning net-mere than eighty percent (80%) of the
area median income-as-dcfined and-regulatcd by the Commonwealth's Department of Housing and Community
Development, and twenty percent (20%) shall be for low income persons. Such affordable housing units shall be
integrated into the overall development so as to prevent the physical segregation of such units and otherwise-shall
be indistinguishable-frem market rate units except in size and interior finishing and appliances;-----------------------------
9,-8r-17 Priority-Revitalization Area.-A"; Alternative-Units! As an alternative to including affordable units as
set forth immediately above, the applicant may include-affordable-units under Mass. Housing's Priority
Development Fund where at least twenty percent (20%) of the units must-be affordable-tedow income persons as
defined and regulated by the Commonwealth's Department of Housing and Community Development and which
development must incorporate Smart Growth principles including without limitation locating in town center-,--reuse
of existing structures, locating around transportation sites; and preserving-natural resources, and including Canton
C-enter Economic Opportunity District.
9.8.18 Priority Revitalization Area "A"; Preference^ -As a condition of approval, the Zoning Board of Appeals
shall require that, to the maximum extent allowable under applicable law7. Canton residents be given first
preference in the purchase or renting of affordable units, anti the fees for all services will be negotiated between
the Authority and the Developer, within the Canton Center Economic Opportunity District Development as provided
for herein
1. For those dwelling units specified as affordable, the Zoning. Board of Appeals shall require that, to the
maximum extent allewable. under applicable law, the Canton Housing Authority be given priority with
regard to the-selection process of residents.
9-8-19 Priority-Revitalization Area "B"; Purpose-; The Revitalization-Area "B- is-establishcd-for-the
accomplishment of the-following purposes*
1. To promote the economic health and stability of the Town by-encouraging development and economic
investment in the Canton Center that will generate employment and tax revenue;
2. To provide-additional planning flexibility-fer projects and to enhance the coordination of the project
with the environmental and natural-features of the development site.3
3. To encourage mixed-use development ol business and professional offices and multi family housing.Source page 26
-T^Fe-permit the use of new-devetepment-standardswhiehwillretain the sites' present character.
5. To provide information-en the potential impacts of a proposed development.
6. To enable the Special Permit-Granting Authority (SPGA) to require--adherence-To "Site Development
and-Use Plans" in the granting of a special-permit.-
9?8?20—Priority-Revitalization-Area "B"; Definitions.—Femthe speeial purposes of Revitalization Area "B--the
following words and phrases shall have the meaning hereinafter indicated?
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuanee-of
a special permit for construction of a-Revitalization Area "B" dcvelepment, within Revitalization Area "B"
hereunder? The applieant-must own, or be the beneficia! owner of, all the land Included in the proposed
site, or have authority from the owner(s)to act for him or hold option or contract duly executed by the
owner(s) an;! the Applicant giving the latter the right to acquire the land to be included in the site?
Buffer:—An area within the Revitalization Area "B" Development adjacenbto the boundaries, streams and
ponds, which may not be developed except as provided-herein.
Business and Professional Office: The office of one skilled in an occupation that primarily-scrvices clients
or patients rather than retail customers including, but not limited to the office of a doctor, lawyer, dentist;
architect, engineer, landscape architect, real estate agent, insurance agent, or the studio of an artist;
musician or teacher, or the-workroom of a dressmaker or milliner or photographer.
Development Schedule:—A schedule shewing the order and timing of construction and--the sequence of the
improvements-to-be built or furnished in the Revitalization Area "B" site, separated into stages where
applicable.-
-Height-Regulations: Building height-shall be limited as set forth in this Section and measured as set forth
in the-Statc Building Code 780 CMR 10.1.0 et seq.
Open Space: Open Space is defined as-an area of land containing no building or structure, or impervious
material. In the event that natural materials (i.c. brick, pavers, etc.) are used in the construction of
walkways;-courtyards-;. patios, etc., allowing such surfaces to be pervious-, the area oDthese surfaces can
be credited toward the open space requirement.
Regutetiens: The applicable rules andregulations of theZoning Boardrelative to special permits and site
plans. The Zoning Board of Appealsy-as-thc Special Permit Granting. Authority, reset ves tlie right to
modify. and/or waive any and all requirements described-in this Section.
Upland-:—band without a wet area and not subject to flooding.
Wetlandsr All land subject to the provisions of Massachusetts G.L. c. 131, ss. 40 and 48A and/or the
Town's Wetlands By-Law?
9.8.21—Priority-Revitalizatien-Area "B"; Scope of Authority? RcvitalizatioH-Arca "B" is an overlay zoning
district. If the-landowner-selccts to file a development plan in conformance with the requirements of Revitalization
Area "B", the development shall conform to the objectives, standards and criteria--specified by the Revitalization "B"
overlay zoning by-law. If the landowner selects to file a development plan in conformance with the requirements
oRunderlying zoning district, the-devclopment shall conform to the ebjectives-;-standards and criteria specified by
the underlying zoning district?
9.8.22—Priority Revitalization-Area "B"; Special Permit Granting Authority. The Board o‘ Appeals is hereby
designated as the Special Permit-Granting Authority (SPGA) for all-purposes in Revitalization Area "B". All special
permit applicatiens-shall conform to the standards and criteria-of-this Section and the Zoning -Board of Appeals
Rules and-Regulations ("Regulations") governing the administration of applications for special-permits?
9.8.23 Priority-Revitalization Area "B"; Applicability—In Revitalization Area ”B", no building shall beSource page 27
constructed or externally enlarged, and no use shall be expanded in-ground area, or established in an existing
building-exeept inconformity with a special permit issued by the Beard of Appeals-and a Site Development and-Use
Plan that bears the endorsement of approval by the Board of--Appeals. Requirements and-Proceduresfen-approval of
such Site Development and Use Plan shall be in accordanee-with Section 10.5 and-thte-Sectionr
9v8t24—Priority Revitalization Area "B"; Special Permit Criteria. In addition to the specific criteria set forth
rn-Seetien-40.4, the SPGA shall issue a special permit for development within the Revitalization Area "B- only are
consideration of the project's compliance with the following additional criteriar
l. Adequacy of the site in terms of the.size of the proposed use(s);
2;. Suitability of the site for the proposed use(s);
3. Impact on traffic and pedestrian-flew-and safety-;
-4- Impact on the visual character of the neighborhood:
5; Adequacy of utilities, including-sewagc disposal, water supply and storm-water drainage,-and
6. Degree to which -the proposed project complies with-the goals of the Canton Center Revitalization Plan
and the provisions of this Section.
9.8.25 Priority Revitalization Area "B"; Specially Permitted Uses. Within Revitalization Area "B", the Beard
of Appeals may issue a special permit for the following uses. No building or structure-shall be designed, arranged
or constructed and no building, structure or land shall be used,. in-whole or in part, for any purpose other than for
one (1) or more of the uses. heroin set forth as permissible by special permit.
-1- Apartment houses or buildings-.-
-2?—Business and Professional offices?
3. All uses allowed-by right in the underlying zoning district?
0.8.26 Priority Revitalization Area —B";-Standards.-
1. Minimum Lot-Size. The minimum lot size is ten thousand (10,000) square-feet of lot area. The lot
must be a single; eentiguous-slt-e-within the boundaries ofRevitalization -Area-'B." No portion of a way or
street, as defined-by-theby-law may be included in computing the minimum required lot area?
a? Lot Coverage. No building shati-be constructed so as to cover, together with any other- buHding on the
lot, more than thirty percent (30%) of the lot area.
-3. Minimum Lot-Frontage and Access. Lots shall have a minimum of seventy-five (75) feet of continuous
frontage. Each means of ingress/egress-shall have a continuous frontage of not less than seventy-five
(75)-feet?
4? Density, Mix of Uses and Infrastructure Standards. Within a Revitalization Area "B" Develepmenty-ne
building or structure shall be designed-,-arranged or
constructed and no building, structure or land shall be used, in whole or in part, which exceeds--the
densities-, either individually or in combinatiem-specified below.
a? 10,01)0 square feet of lot area required for the first dwelling-unit and 4;000-squarc feet
of additional lot area-required for-each-additional unit- thereafter.Source page 28
b.—Two thousand (2,000) gross-square feet of-nen residential fleer area per ten thousand
(10,000) sq-;-ft. of lot area er- portion thereof.-
S. Mtx of Uses. On the ground floor of the building shall only be-permitted business or professionaloffice
uses. Gn all above ground floorsshall only be permitted rnulti-family-residential-UHlts.
fe—Infrastructure Standards. All utilities-and services shall be placed undcrground-.--Private driveways
servicing the site shall be sized to adequately serve the intended vehicular and pedestrian traffic. Private
driveways-shati-striveto conform to the Rules and Regulations of the Canton Planning--Beard governing--the
subdivision of Land, the Canton Department of Public Works Regulations regarding water, sewer and
storm drainage, and any other applicable regulation and/er standards of the towm-
7. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be nearer to the
line of any street than the-"front yard setback requirements" or nearer to the sidelines of-its lot than.the
J1side yard-setback requirements" ornearer to the roar line of its lot than--the "rear yard setback
requirements" or-on a lot that dees not comply with the-let-width requirements specified bclowr
-8. Lot Width Requirements: Each lot shall have a lot width of not less-than one hundred--(100) feet-ab-the
front yard setback line and the rear yard setback line.
9. Front-Yard Setback. Each lot shall have a front yard setback requirement of not less than thirty (30)
feet and a side yard setback requirement of not less than-ten (10-)-feet from the nearest point on any
exterior wall of the buildlngr
-1-0.—Rear Yard Setback. Each lot shall have a roar yard-setback requirement of not less-than thirty-five
(35)-feet.
11. Height-Rcgulationsr-No building shall be constructed to exceed the height ofthe-undcrlying zoning or
thirty six (36) feet, whichever is lower. Maximum building height shall be measured as set forth in the
State-Building Code 780 CMR 101.0 et seq^
9.-8-.27 Priority Revitalization Area "B"; Open Space, Common Open Land and Buffers; At a minimum,
each site shall have thirty percent (30%) of its lot area designated as Open Spacer-Open Space--Is defined as an
area of land containing no building or structure or impervious material.
1. The proposed development is encouraged tohave Common Open Space for use by the gcneral-publter
The Common Open. Space shall have a shape, dimensien7 character and location suitable to assure its use
fee-park or open space purposes by the-general public. Such Common Open Space-may-be provided as-a
condition -far the grant of a special.permit pursuant to this Sectionauthorizing. an increase in the-etberwlse
permissible density of population or intensity of a particular use in a proposed development pursuant to
the requirements of this Section.
2. Areas which shall be credited toward the Open Space requirement. inelude
m—Side, rear-and front yard setbacks.
b;----- Buffer arcasv
e—The-area of surfaces that.use natural materials (i.e. brick, bluestone, etc-)-in the construction
ef-walkways-, courtyards, patios, etc.
-d;---------- Common Open-Space.
9-.-8.28 Priority Revitalization-Area "B"; Parking Requirements? In Revitalization Area -B1^ there shall be
provided and maintained improved off street automobile parking-in connection with the erection, establishment or
increase in units or dimensions of-buildinas. structures and uses, in the rcgiHred-ameunts stipulated in the Zoning
By-law Section 6.1 Off-Street parking:
9.8.29 Priority-Revitalization Area "B"; Signs and Advertising Devices. The provisions of Section 6.3 are
adopted far the legtilabon anil restriction of-biUbeards, signs and other advertising devices within the Revitalization
Area "B1'.
9.-S.30 Priority RevitalizationArea "B"; Certified Acoustical Barriers; No activity or use -shall--be allowedSource page 29
which causes exterior noise levels to exceed a day-night-averagesound level of 65 decibelsat-the lot line; no
dwelling-unit shall be located where-exterior noise-levels exceed a day-night.average sound level of 65 decibels;
and no dwelling unit shall be constructed which allows interior noise levels-to exceed a day-night average sound
level of 45 decibels; The day-night average sound level (L dn) is the 24-hour-average sound-level, in decibels;
resulting from the accumulation of noise from ail sources contributing to the external noise environment of the site
with1-0 decibels added to sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night-average sound-level
shaH-be-detcrmined in accordance with. The Code of Federal Regulations, Title 24 Housing and Urban Development,
Part 51 Environmental Criteria-and Standards (24 CFR 5.1).
9;8;3-l Priority Revitalization Area "B"; Affordable Units. As a condition for the grant of a special permit
-pursuant to this. Section authorizing an increase in the otherwise permissible-density ol population or intensity of a
particular use in a proposed development pursuant to the requirements of this Section, at least fifteen percent
(15%) of the dweliing-units-shall bedeed restricted-in-perpetuity, except for four (4) units. er-loss, the Board may
decide to waive this requirement; for occupancy by persons earning net-mere than eighty percent (80%) of the
area median income as-defined and regulated by the Commonwealth's Department of Housing and Community
Development and twenty percent (-20%) shall be for lew income persons. Such affordable-housing units shall be
integrated into the overall development so as to prevent -the physical segregation of such units and otherwise shall
be indistinguishable-from market rate-units except in size and interior finishing and appliances.
9.8.32 Priority Revitalization Area "B"; Altcrnativc-to Affordable-Units: As an alternative to including
affordable units pursuant to Section 9.8.-31, the applicant may include affordable units under Mass. iteu-sing's
Priority Development Fund where at least 20% of the units must be affordable to low income-persons as-defined
and-regulated by. the Commonwealth's Department of Housing and Community Development and which
development must incorporate Smart Growth principlesdncluding without limitation locating in town center; reuse
of existing structures7-leeating around transportation sites; and preserving-natural resources, and including Canton
Center Economic Opportunity District.
9.8.33 Priority-Revitalization Area "B"; Preference;-As a condition of approval, the Zoning Board of Appeals
shall require that, to the maximum extent allowable undeeapplicable-law, Canton residents be given first
preference in the purchase or renting of-affordablc units, and the foes for all services will be negotiated between
the Authority and the Developer, within the Canton Center- Economic -Opportunity District-Development as provided
for herein.
------------- 1. For those apartment units-specified as affordable, the Zoning. Beard of Appeals. shall require that, to
the maximum extent allowable under applicable--law, the Canton Housing Authority be given priority with
regard to the-selection process-of residents.
9.8.34 Priority-Revitalization Area "C"; Purpose; Priority Revitalization Area "C"is-establishedfor the
accomplishment of the following purposes:
—To promote the economic health and-stability of the Town by encouraging development and economic
investment that will generate employment and tax revenue;
2- .—To provide additional-planning flexibility for projects located in and near Canton Center, including
enhancing the coordination of the project with the cnvironmentaF-and natural-features of the
development site.
3- .—To permit and encourage mixed -use development, including but not limited to, Multi family Dwellings,
Fifty-Five Years of Age or Older Housing, offices, kindergarten and prc-schools;-municipal uses;
historic-preservation, recreational uses, retail shops and industrial uses;
4- .—To permit-the use of new development standards, which will promote the desired changes in and near
Canton Center.
—To permit and encourage-the development of open spaces which would be available for use by the
general. public;
te—To provide information on the potential impacts of a proposed development;
%—To enable the Special -Permit Granting Authority (SPGA) to require adherence to "Development and
Use Plans" in the granting of a special. permit;
te—Te-providc for development in a manner that creates harmony-between residential and non
residential neighborhoods, protects exlsting-abutting neighborhoods; and minimizes the development
impact on nearby-neighborhoods, while conserving and enhancing environmental features,
weedlands, wet areas,--the-Canton River, open spaces and areas of scenic-views-, beauty, and vistas
such asyTor example, the Viaduct.
1.8.35. Priority Revitalization Area "C"; Definitions; For the special purposes of Priority RevitalizationSource page 30
Area "C" only?the following words and phrases shall have the meanings hereinafter-indicated.
Applicants The-person or legal-entity that applies foNssuancc of-a special permit for permission to
construct a Project that conforms to the.requirements of this By Law for Priority Revitatization Area "C".
The Applicant must own or be the beneficial owner of all the land included in the-proposcd site, er have
written authorization from the-ewner(s)to act for him or must hold an option or contract duly executed by
the owner(s) giving-the-Applicantthe-right to acquire the land to be included in the siter
Buffer Areas An area within the CCEOD Revitalization Area "C" adjacent to the boundaries, streams,
rivers, ponds, which may-net be developed except in accordance with. the Massachusetts-Wetlands
Protection Act and its implementingregulations (MGL Chapter 13 i, Sections 40 and 4&A, and. 310 CMR
10.00) and other requirements herein.
Building Heights Building height shall be measured as set forth in this section 9.8 and measured as set
forth in the State Building Code 780 CMR 101.0 et scq. Height shall be subject to the provisions-ef
Section 4.3 of the By-Law except as otherwise provided in this Section 9;-8t
Buildable Lot Areas The area of a Lot excluding any land-defined as. a Resource Area.
Common Open. Lands—An area of land-containing no-building, structure, parking areas, driveways or
roadways other than those structures and/or facilities-which are used for recreational and/or community
use by the-occupants of a Development Parcei-er members of the public.
Development-Agreements A written agreement executed by the Beard of Selectmen and the-Applicant
concerning the Project containing, without limitation, actions to be taken by-the Applicant to mitigate
potential adverse effects of the Project-
Development Parcels One ormore-Lots-within Priority Revitalization-Area "C" which together are
designated as. a-Developmcnt Parcel on a Lot Development-and Use Plan... The Lots comprising a
Development Parcel need not be in the same ownership.-—Where the Development Parcel consists of more
than a single Lot, the Lots, in combination, shall be treated as the Development Parcel, may be contiguous
or non contiguous,. and shall-be considered one 'Development Parcel'.
Development Schedules A schedule showing the anticipated order andtiming of construction and the
sequence of the improvements to be built on the Priority-Revitalization Area "C" site, separated-into stages
iWAfkiI ILJI o r->11I i U1LJ
l-i I ■
Fifty Five Years of Age or Older Housings Housing facilities (including, without limitation, in
independent or congregate facilitiesj-femindividuals fifty-five (55) years of age or older as allowed under
Massachusetts General Laws c. 151B, Section 4.
Gross Floor Areas Total fleer area containtid withinexterior walls, excluding basement space, attic space
a nd-spaces usedforheating and utilities. and other mechanical apparatus, storage and/or automobile
parkingv
Lots A single contiguous tract of land including at least-the minimum amount of Buildable Lot Area
required heroin and located entirely-within the Development Parcel and Priority Revitalization Area-^G^
which may be shewn on an approved definitive subdivision plan under G.L. c. 41, Section 81K or an
endorsed "approval not required" plan under G.L. c. 41, Section 81P. More than one building may be
located on a Lot, subject to compliance with all applicable dimensional requirements of this Section 9.8.
Let-Development and Use Plans A plan approved by the SPGA for the-developmentand use of a
particular Lot within a Development Parcel pursuant to the specialpermit process for the Priority
Revitalization Area "C". A Lot Development and Use Plan shall comply with the plan contents
requirements of Section 10.5.2 of the Zoning By-Law. The Special Permit process and the Site Plan
Review process under-Section 10.5.1 may occur contemporaneously.
Mixed Use Developments A development that contains both residential and nen-residenttel-usesr
Professional Offices The office of one skilled in an occupation that primarily services clients er patients
rather than customers including, but not limited to, the office of a lawyer, doctor, dentist, architect,
engineer, landscape architect, real estate agent, insurance-agent, or the studio of an artist, musician,
teacher, or the workroom of a dressmaker, milliner, or photographer in which retail sales are incidental-te
office use.
Projects A residential, non-residential.er mixed-use-developmcnt for which a special-permit or-Speeial
Permits is sought pursuant to Section 9.8, the Priority Revitalization Area "G" overlay provisions. The
Project may be developed--and--constructed in multiple-phases, subject to conditions to be set forth in the
Special Permit(s).Source page 31
Regulations: The applicable rules and regulations-adopted by the Board-ef-Appcalsrelative-te
special permits-pursuant to M.G.-L-?-e?40A, Scctioft-9.-
Rcsourcc Area: All land subject to jurisdiction under 310 CMRIO.O2(l)(a) and (b) (which shall net
include land subject to flooding or l ive: front area-)?
Small Scale Retail: Retail storcs-with a gross fleor area ef 10,000 square feet or less.
■Upland Acres: Land area not in a Resource Area.
All terms not defined in the provisions ef this Zoning. By-Law related-to the Priority Revitalization Area "C"
shall have the meanings ascribed to them in Section 11 of-this Zoning By-Law?
0.8.36—Priority Revitalization Area "C"; Scope of Authority;
Priority Revitalization Area "C" shaU-be an overlay district and shati-not restrict the landowner's rights relative to
the underlying zoning distr-iets. However, if the landowner elects to apply for a special permit under the provisions
ehthis-section9.8-appUcable to Priority-Revitalization Area "C", the development shall conform to the requirements
of this section 9.8 for Priority Revitalization Area-"C" and shaH-net-be required to conform to the requirements of
the-underlying zoning districts to the-extent the Project is built pursuant to a Special-Permit(s).
0.8.37—Priority Revitalization Area "C"; Special Permit Granting Authority.
The Board of Appeals is hereby designated as-the Special Permit Granting Authority (SPGA) for all purposes-wit-h
respect to Projects within the Priority Revitalization Area "C" pursued under this Seetien-9.8. All special permit
applications shall-eonform to the provisions, of this Section 9.8 with respect to Priority Revitalization Area "G" and
the Board of Appeals' Rules and Regulations adopted pursuant to M.G.L. C.4QA, Section 9 governing the
administration of applications for special permits;
Indetermining whether the criteria for grant of a special permit-stated inthis-Zening By-Lawhave-been satisfied,
the SPGA may grant a special permit applicable-to a Project in Priority Revitalization-Area "C" only if the SPGA finds
that the adverse impacts of the Project will be outweighed by the benefits of the project to the Town, including
without-limitation anymitigation and/or other benefits to be provided to the Town by the-Applicant pursuant to any
Development Agreement between the Applicant and the Town-.—-Notwithstanding, the foregoing, any mitigation
required-under the Performance Standards contained in.Section 6.7 of this Zoning By-Law-may be found by the
SPGA to-be satisfied by-thc terms of a Development Agreement. between the Town and the Applicant.
The SPGA may-in-4ts discretion waive any of the Standards and Criteria stated in Section 9.8.40, any of the
Densities stated in Section 9.8.41 and any of the Setbacks and Yard Regulations stated in Section 9.8.42 if the
SPGA-finds that such waiver satisfies the criteria stated in Section 10.4.2 of this Zoning By-Law for grant of-a
special permit and the general conditions stated-in Section 10.5.5 of this Zoning By-Law-for approval of a site plan.-
0.8.38 Priority Revitalization Area "C"; Applicability;
In Priority Revitalization Area "C", no building shall be constructed or externally enlarged, and no use shall be
expanded in ground-area, or established in an-existing building except in conformity with a special permit issued by
the Board of Appeals and a. Let Development and Use Plan that bears the endorsement of approval by the Board of
Appeals? Requirements and Procedures for approval of such Site Development and Use Plan shall be in accordance
wlt-h-Seetion10.5 and this Section.
In the event of damage or-destruction to any buildings or structures-originally-constructed pursuant to a Special
Permit and Lot Development and Use Plan issued hereunder, such buildings and structures may bo rebuilt-and
restored consistent-with the original Special Permit and such Lot Development and Use Plan without the
requirement of obtaining a-new Special Permit or Lot Development-and Use-Plan from the SPGA.
0.8.39-PriorityRevitalization Area "C"; Uses Permitted by Special Permit;
Within Priority Revitalization Area "C", the SPGA may issue-a-special permit authorizing-t-hc following uses. No
buildlng-er-structure shall-be designed,-arranged or constructed-and-no building-,-structure, or land shall be-used-,-in
whole-er in part, for any purpose other than for one or more of the uses herein set forth as-permissible-by-special
permit.
A—Residential-Uses:
1?—Multi-family-&wellings7-ineludingrwit-heut limitation, Townhouse style dwellings, Mid-rtee
style-units,-and. ancillary facilities and amenities?
2?—Fifty-Five Years of Age er-Older Housing and ancillary facilities and-amenities.Source page 32
St—Accessory-structures (whether at, below,-er above grade) and surfaceparking, driveways
and-readways,serving any uses within the Development Parcel.
4t—All other residential uses allewed by right or by special permit in the underlying zoning
district.
B-,—Non-Resldential Uses:
4r—Small-scale Retail stores.
St—Offices; ineteding salesrooms and showrooms, consumer service establishments, business
and--professionaloffices, executive and administrative offices, banks and otherdnstitutionsT
St—Restaurants with-er without the service of-aleeholic beverages (provided that if alcoholic
beverages are served-any-bar area does not comprise mere than thirty-five percent (35%) of
the-floor area of the restaurant), including both indeer and outdoor seating.
4t—Banks or similar financial institution, including--drive-through facilities.
-St—Child Care Centers, Pre-Seheols and Kindergartens.
6.—Recreational facilities-.-
7t—Private and public open spaces.
8t—Municipal uses.
St—Accessory structures (whether at, below, or above grade) and surface parking, driveways
and-readways, serving any uses within-the Development Parcel.-
-
10. AII uses allowed by right or by special permit in the underlying-zoning district.
€-.—The following uses arc specifically-prohibited within Priority Revitalization Area "C":
It—Fast food establishment-sr
Pt—Drive-through for the sale-of food. Any other drive-through, with the exception of banks and
financial institutions noted above, may be authorized by the SPGA as part of a special permit
for a Priority-Revitalization Area "C" Project.
-Dr—For Projects permitted in the-Prierity Revitalization Area "C" there shall be-no nen-resident-deliveries
or shipments between 10:00 p.m.and 7:00 a.rmMonday through. Fridaypand there--shall be no non
resident deliveries or shipments. between 10:00 p.m. and 8:00 a.m. on weekends.
9.8.40 Priority Revitalization Area "C"; Standards and Criteria
A. —In-addition to -the specific criteria contained within Section 10.4, the SPGA shall issue a special permit
for development within Priority Revitalization Area C only after consideration of the project's
compliance with the following additional criteriar
4t—Adequacy of the site in terms of the size of the proposed use(s);
Pt—Adequacy of the provision of open .space, its-accossibility to the general public, and/or its
association with adjacent-er proximate open space areasy
3t—Suitability of the site for the proposed use(s);
4t—Impact on traffic and pedestrian fIt)w and safely;
St—Impact on the visual character of the neighborhood;
6t—Adequacy of utilities, including sewage disposal, water supply. and storm water drainage; and
7t—Degree to which the proposed--project complies with thegoals-of-thc Canton Center
Revitalization Plan and the provisions of this Section 9.8.
B. ---------- Minimum-Development SizeSource page 33
-1-—Dovelopinent Parcel Area Req u i rement-:-
a-.—The minimum Development Parcel area-is twenty-five acres of Buildable Lot Area
determined as-af-the time of approval and endorsement of the application for the
first-Let-Development and Use Plan
th—No portion of a public way or public street, as defined by this Zoning By Law-may be
included in computing the-minimum required Buildable Lot Area.
-2-.—LotAreaRequirement:-
a~.—The minimum lot area is 10,000 sq. ft. of Buildable Lot Area.
th—No portion of a publie-way or public street, as defined by this Zoning By-Law may be
included in computing the minimum required Buildable l.ot Area.
C. --------- Bu i I d i n g Coverager-
•fc—Development Parcel Requirement: No building on the Development Parcel shall be
constructed so as-te-eever, together with any other buildings on the Development Parcel;
more than thiity percent (30%) of the Buildable Lot Area of the Development Parcel.
i—Let-Requirement: No building on a Lot shall bo constructed so as to cover,. together with any
ether building on the Let, more than fifty percent (50%) of the Buildable Lot Area.
D. —Minimum Frontage-and Access:
i:—Development Parcel Requirement:
m—Each Development Parcel shall have a minimum frontage of two hundred fifty (250)
feet on a street or way and-at least two means of ingress/egressr
b;—Each-means of required ingress/egress-shall have -apaved-width of no less than
twenty-four. (-24) feet.
e—Lot Requirement: Each. Lot-shall have a. minimum frontage-oMifty-(50) feet on. a
streeb-or-wayr
fe—Transition Area: Where a portion of the Development-Parcel abuts anothemparcel, which is zoned for
residential purposes, a "Transition Area" of fifteen (15) feet or a screen wall ofadequate height shall
be provided at the perimeter of the Development Parcel along the border with such abutting parcel.
The-Applicant shali-fiie a landscape plan, prepared. by-a-Massachusetts Registered Landscape Architect
that demonstrates in the opinion of the Board of Appeals sufficient plantings to provide adequate
screening within such -Transition Area. Buildable Lot-Areas er portions thereof that area also
designated as Transition Areas. shall bo included in-t-he calculation of "Common Open-Land".
m—The SPGAmay reduce the width of the required "Transition Area" and modify other
landscape requirements where the SPGA--finds that suitable screening will be
provided by other moans such as. fencing or topography, and that-such reduction
will not have material adverse impact on the surrounding-neighberheedr
9v8v44—Priority-Revitalization Area "C"; Density
No building or structure shall be designed, arranged or constructed and no building, structure, or land shall-be
used, in whole or in part, which exceeds the-donsities speeified-betew for residential and non residential uses.
A-.—Residential Uses
Maximum permissible densities arc as follows:
-1.—Multi family Dwellings-including,without limitation, Townhouse and. Mid-rise style dwellings
and ancillary. facilities-and amenities:
One-dwelling unit per 2,600 square feet-ef-Butidable Lot Area in a Development Parcek
2.—Fifty-Five Years of Age or Older Housing and ancillary-facilities and amerritiesr
One dwelling-unit per 2,600 square feet of Buildable Lot Area in a Development Parcel.Source page 34
K—Non-Residenttal-Uses
Maximum permissible density is as-fallows:
Two thousand (2,000) square feet of Gress-Fteer-Area per.10,000 square feet of Buildable Lot-Area in
the Development Parcel.
0.8.42—Priority Revitalization-Area "C"; Setbacks and Yard Regulations for.Buildings
No-building shall be constructed so as to be nearer to the line of any street than the required-setback distance. or
nearer to thesidelines-oHt-sdot than the required-side yard width or nearer to the rear line of its lot than the
required rear yard depth specified below. The required set-baek-distanee shall be measured. from--the nearest
exterior line of the street-in-questiem
At—Development-Parcel
Each Development Parcel shall. have-a-side yard setbaek-ef-net-lcss than ten (.10) feet; except that if
the side yard abuts land owned by the Town, oi the East Branch of the Neponset-River dam or
diversion-channel, of the Plymouth Rubber triple drainage culvert, such side yard shall be not loss
than five (5) feet. There shall be a front yard setback for any Development Parcel along Revere
Street ofno less than five (5) feet but there shall be no front yard setback requirement for any
internal subdivision road within any Development Pareeh
—Each Development- Parcel shall have a. reamyard setback of not less than. five (5) feet.
Br—Let
Each lot shall have a minimum side and rear yard of fifteen (4-5) feet except that if a side or rear yard
abuts land owned by the Town, or the-Canton River dam diversion channel, or the Plymouth Rubber
triple drainage culvert-,-such side or rear-yard shall be not less than five (-5). feet^-Thcre shall be no
front-yard-setback requirement for a Lot.
Gt—Additional Setback Requirements
4t—The-SPGA may waive the setback distance where-ib-finds-such a waiver appropriate because
of specific physical circumstances/ such as irregular lot lines or other-natural features that
create open space or buffers.
Gt—No commercial storage or display of goods-preduet-s^materials or equipment-,-vending
machines or similar commercial. devices shall be allowed within the required front, side, or
rear-yard setback; provided however, that the-feregeing shall not be interpreted se-as-te
prohibit the placement in any such-yards of HVAC, mechanical, plumbing, and fire protection
equipment, transformers orsimitar equipment utilized in connection with the operation of
any-buildings in any portion of the Development Parcck
3t—No Lot on which a-building is located shall-be reduced or changed in size-ebshape so that-the
building or Lot fails to comply with the Lot Area, frontage, building coverage, yard setback,
or other dimensional provisions, of this Seetiem
0.8.43—Priority-Revitalization Area--C"; Height Regulations
-No building shall be constructed. to exceed the height of (a) forty-eight feet (48');or (-b-)-a-tetal of four (4)
stories inclusive of enclosed-parking, whichever-is-ieweFr
9t8;44 Common Open Land and Public Access
At—Common Open Land:
Each Project shall have a minimum-of-4-hirty percent (.30%) of the Development Parcel designated as
Common Open Land for use by the occupants of the Development Parcel.
By—Publie-Access:
A Project shall provide pedestrian access-walkways to and. from natural resource areas within the
Development Parcel within an area or areas shown on a Lot Development and Use Plan.
9;8.45—Priority Revitalization Area "C"; Parking and Loading RequirementsSource page 35
For each Project there shall be-pFevided and maintained-tmproved off street-automobile parking in connection
with the ereetienT-establishment or increase in units or dimensions of buildings, structures and uses, in the
following-amou nts:
A-.—For dwellmg-units-:—1.5 parking spaces per each dwelling-unit, except for Fifty-Five Years of Age-er
Older Housing units which shall require 1parking space per unit.
-Bt—For restaurants and-ethor on premises eating and drinking establishments:one (-l-j-parking space lor
each (-3) seats, plus one (1)parking-space for every- three (3) employees-on-the largest shift,-subject
to the discretion of the SPGA to allow fewer parking-spaces where the SPGA finds that fewer parking
spaces arc needed.
G-.—For retail stores and offices including salesrooms and showrooms, consumer-service cstablishmentsy
public administration buildings, business and professional offices, executive and administrative offices;-
banks and other-financial institutions: one (1) parking space for each two hundred-fifty (2.50) square
feet-ef-Gress-Fieer-Arear
D.—Uses net listed in this-Seetien 9.8.45 Parking Requirements, Subsections (A), (B), (G) or (D) shall
comply with the parking space requirements of the Zoning By -Law Section 6.1 Off Street Parking;-
fe—In the case of mixed-use-projects, the parking spaces. required shall be the sum of the requirements
for the various individual uses, computed separately in accordance with this Section-9.8.45;—Parking
spaces-for one use shall not provide the required parking. spaces for any other use unless the. SPGA
finds-that the need for parking-eccurs at different tfmesr
-R—Off-street automobile parking spaces, to the extent required in this section, may be-provided either
on the same lot or premises-with the parking generator or- on any lot or premises associated therewith
a substantial portion of-whiehy-ahieast, is within three hundred (308) feet of such generator.
Off -street parking facilities and connecting drives between such facilities and the street shall be
designed to insure the safety and convenience of persons traveling-within or through the parking
area, and between the parking facility and the street- The provisions of Section 6.1.6 of this
Zoning By-Law as to General Design shall be considered the minimum criteria for evaluating such
destgm
Below grade-automobile parking may be permitted. within the basements ef-bulldings provided
that such structured-basement automobile-parking is-exclusively reserved the motor vehicles of
residents or employees of the Project.
G?—In addition to the requirements--for automobile parking-spaces there shall also be provided for each
building or group of buildings-sufficicnt off street loading space to insure that all loading operations
telco place off of the public way; Loading-spaces and access drives leading to. leading spaces shall be
so designed that vehicles. to be loaded or unloaded are not required to maneuver in the publie-way-te
enter-er leave the designated loading area. The provisions of Section 6.2, Loading-Areas, shall be
considered minimum criteria for-evaluating such design?
9.8.46 Priority-Revitalization Arco "C"; Signs and Advertising Devices
The provisions-of Section 6.3 of this Zoning By-Law (Signs) is hereby adopted for the regulation and restriction
of billboardST-signs and other advertising-devices within Priority Revitalization Area "C".
9.8.47—Priority Revitalization Area "C"; Certified Acoustical Barriers
Except for demolition, infrastructure-construction, renovation or repair of existing buildings and structures and
construction of new buildings and structures, no activity or use shall be allowed which causes exterior noise
levels-to-exceed a day night average-sound level of 65 decibels (65 L dn) at the Lot line; no dwelling unit shall
be located where exterior noise levels exceed ad ay-night average sound level of 65 decibels (65 L dn); and no
dwelling. unit-shall be constructed which. allows interior noise levels-to exceed a day night average sound level
of 45 decibels(-45 L dn). The day might average sound-level (L dn) is the 24-hour average-sound level, in
decibels, resulting from the accumulation of noise from all sources contributing-to the external noise
environment of the site with 10 decibels added to sound levels occurring from 10:00 AM to 7:00 PM. The day-
night average-sound level. (L dn) shall be determined in accordance-with The Code of Federal Regulations,-Title
24-Heusing and Urban Dcvelopmentj-Part 51 Environmental-Griterfa and Standards (24 CFR 51.100-51.106).
9v8v48—Priority -Revitalization-Area "C"; Moderate Income Units
As a condition tor the grant of a special permit-pursuant to-this Section-authorizing an increase in the
otherwise permissible density or population or intensity ef-a-partietilar use in a. proposed development
pursuant to the-requirements-of-thts Section, at least ten percent (-10%) of the dwelling unlts-shall be deedSource page 36
restricted in perpetuity for occupaney by persons-earning not mere than eighty percent (80%) of the area median income as defined. and regulated by the Commonwealth's Department of Housing and Community development. The Special Permit may require that-such moderate income housing units-be integrated. into the overall development so as to prevent the physical segregation ef-such units and otherwise shall be indistinguishabie-from-market rate units except in size and interior finishing and-appfeneesr Copies. of-said plans are available for public review at the offices of-the-Planning Board, Town Clerk, the-Board of Selectmen, all. in. Memorial Halh-and-at the research desk of the Canton Public Library and-on-t-he-tewn-web site; or take any other action in relation thereto;
Source page 37
ARTICLE 35 AS APPROVED BY ATTORNEY GENERAL
AMEND ZONING MAP
VOTED: That the Town amend the Zoning Map of the Town of Canton, Massachusetts
to rezone the following parcels from their respective existing zones to Central Business (CB) as follows:
Address Parcel Number Current Zone Proposed Zone
884 Washington Street 27 141 0 SRC CB
866 Washington Street 27 140 0 SRC CB
854 Washington Street 27 139 0 SRC CB
842 Washington Street 27 138 0 SRC CB
824 Washington Street 27 125 0 SRC CB
814 Washington Street 27 124 0 SRC CB
800 Washington Street 27 109 0 SRC CB
403 Sherman Street 27 110 0 SRC CB
801 Washington Street 27 186 0 SRC CB
825 Washington Street 27 185 0 SRC CB
831 Washington Street 27 184 0 SRC CB
847 Washington Street 27 183 0 SRC CB
853-865 Washington Street 27 182 0 SRC CB
1-20 Audubon Way 27 179 0 Partially I, Partially SRC CB
879 Washington Street (1 of 27_178_0 Partially I, Partially SRC CB
2)
879 Washington Street (2 of 27_180_0 I CB
2)
875 Washington Street 27 181 0 Partially I, Partially SRC CB
863 Washington Street 43 12 0 Partially I, Partially SRC CB
35 Pequit Street 27 175 0 Partially I, Partially SRC CBSource page 38
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