Canton Town Meeting — 2005 ATM approved article — lf-28059

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ANNUAL TOWN MEETING

                                        APRIL 27, 2005

                                     SECOND SESSION




                                          ARTICLE 29

PROPOSED ZONING BY-LAW AMENDMENT – AFFORDABLE ACCESSORY APARTMENT
Article 29
To see if the Town will vote to amend the Town’s Zoning By-Laws, as most recently amended,
by adding a new Subsection 2.12.3.C Affordable Accessory Apartment as follows:

SECTION 2.12.3.C      Affordable Accessory Apartments

C.       For the purpose of promoting affordable housing in the Town of Canton and in
accordance with the Massachusetts Department of Housing and Community Development Local
Initiative Program (LIP) one affordable accessory apartment may be allowed per single family lot
by special permit by the Zoning Board of Appeals subject to the following conditions and
requirements:

1.     The Zoning Board of Appeals may issue a special permit for an Affordable Accessory
       Apartment on a single family lot provided that:

       (a)    The lot contains a minimum of ten thousand (10,000) square feet of contiguous
              upland, except that existing accessory apartments shall have no minimum lot
              size requirement.

       (b)    An Owner of an existing accessory apartment may apply for an Affordable
              Accessory Apartment special permit.

       (c)    As a condition of this special permit, Owners of existing and proposed accessory
              apartments shall satisfy to the greatest extent possible the conditions and
              requirements of Section 2.12.3 Accessory Residential Uses in One Family
              Dwellings.

2.     An accessory apartment permitted by special permit pursuant to this Section 2.12.3.C
       shall be subject to a minimum 15-year use restriction and the maintenance of affordable
       rents, as defined in subsections 5 and 6 herein. No Affordable Accessory Apartment
       shall be occupied until the Owner provides a copy of said use restriction, recorded at the
       Norfolk County Registry of Deeds to the Building Commissioner, the Canton Housing
       Authority, and to any monitoring agent designated by the Town. The special permit shall
       be issued to the Owner and as such is not transferable. No affordable accessory
       apartment shall be separated by ownership in any form from the principal dwelling.

3.     The Owner shall comply with local zoning except where specifically exempted by the
       Zoning Board of Appeals. The Owner shall comply with all state building codes, the

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Wetlands Protection Act, Groundwater Protection District, Floodplain and Title V.
regulations, where applicable.

4. The Owner shall be responsible for submission to the Canton Housing Authority and any
Town designated monitoring agency, information that includes, but is not limited to,
verification of Owner occupancy status, income eligibility of the tenant, copy of the lease
agreement specifying the rent amount to be charged each month. Leases shall be
issued for a period not to exceed one (1) year. All required information must be provided
to the Canton Housing Authority or designated monitoring agency prior to executing a
lease.

5. An Affordable Accessory Apartment created under this provision shall only be rented to
a person or persons meeting the Canton Housing Authority guidelines for low-income
households, in accordance with the Massachusetts Department of Housing and
Community Development Local Initiative Program (LIP). For purposes of this Section
2.12.3.C, low-income persons shall have annual incomes of no more than eighty percent
(80%) of the area median family income as reported in the most recent LIP guidelines
within the Boston SMSA.

6. The Owner shall not charge rents exceeding the maximum permitted by the latest
Massachusetts Department of Housing and Community Development Local Initiative
Program (LIP) regulations.

7. Failure to comply with the Massachusetts Department of Housing and Community
Development LIP regulations may result in Board of Appeals suspending the Owner’s
Affordable Accessory Apartment Special Permit.

8. The Zoning Board of Appeals may set filing fees to cover administrative costs related to
the special permit procedure.
Or to take any other action relative thereto.
Board of Selectmen for Canton Planning Board

MOVED: That the subject matter of this article be deferred to the Planning Board.

FINANCE COMMITTEE VOTE: 6-0-0

Peter Pineo, Planning Board Chairperson stated:

On March 9, 2005, the Planning Board, by a vote of five members in favor, and no members
opposed, VOTED to recommend the adoption of Article 29 as most recently amended in
substantially the following form:

Section 2.12.3.C Affordable Accessory Apartments

C. For the purpose of promoting affordable housing in the Town of Canton and in accordance
with the Massachusetts Department of Housing and Community Development Local Initiatives
Program (LIP) one affordable accessory apartment may be allowed per single family lot by
special permit by the Zoning Board of Appeals subject to the following conditions and
requirements:

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1. The Zoning Board of Appeals may issue a special permit for an Affordable Accessory
Apartment on single family lots provided that:

(a) The lot contains a minimum of ten thousand (10,000) square feet of contiguous
upland, except that existing accessory apartments shall have no minimum lot size
requirement.

(b) An Owner of an existing accessory apartment built prior to the adoption of this
zoning by-law may apply for an Affordable Accessory Apartment special permit.

(c) As a condition of this special permit, Owners of existing and proposed accessory
apartments shall strive to meet the conditions and requirements of Section 2.12.3
Accessory Residential Uses in One Family Dwellings.

2. The Owner permitted under this by-law shall be subject to a minimum 15-year use
restriction and the maintenance of affordable rents, as defined in subsections 5 and 6
herein. No Affordable Accessory Apartment shall be occupied until the Owner provides a
copy of said use restriction, recorded at the Norfolk County Registry of Deeds to the Building
Commissioner, the Canton Housing Authority, and to any monitoring agent designated by
the Town. The special permit will be issued to the Owner and as such is not transferable to
successors. No affordable accessory apartment shall be separated by ownership from the
principal dwelling.

3. The Owner shall be in compliance with local zoning except where specifically exempted
by the Zoning Board of Appeals. The Owner shall meet all state building codes, the
Wetlands Protection Act, Groundwater Protection District, Floodplain and Title V.
regulations.

4. The Owners shall be responsible for submission to the Canton Housing Authority and any
town designated monitoring agency, information that includes, but is not limited to,
verification of Owner occupancy status, income eligibility of the tenant, copy of the lease
agreement specifying the rent amount to be charged each month. Leases shall be issued for
a period not to exceed one (1) year. Submission of all required information must be provided
to the Canton Housing Authority or designated monitoring agency prior to executing a lease.

5. Affordable Accessory Apartments created under this provision shall only be rented to a
person or persons meeting the Canton Housing Authority guidelines for low-income
households, in accordance with the Massachusetts Department of Housing and Community
Development Local Initiative Program (LIP). For purposes of this Section 2.12.3 C, low-
income persons shall have annual incomes of no more than eighty percent (80%) of the
median family income as reported in the most recent LIP guidelines within the Boston
SMSA.

6. The Owner shall not charge rents exceeding the maximum permitted by the latest
Massachusetts Department of Housing and Community Development Local Initiative
Program (LIP) regulations.

7. Failure to comply with the Massachusetts Department of Housing and Community
Development LIP regulations may result in Board of Appeals suspending the Owner’s
Affordable Accessory Apartment Special Permit.

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8. The Zoning Board of Appeals may set filing fees to cover administrative costs related to
   the special permit procedure.

   D. CARRIAGE HOUSE

       The Zoning Board may allow, by Special Permit, or Variance, more than one unit per lot
       or allow a separate dwelling structure on a single lot if such structure, carriage
       house/barn, was constructed prior to zoning.

   The vote on this recommendation was 5-0 in favor of adoption.


Planning Board Chairperson Peter Pineo moved that Article 29 be adopted explaining that this
article is a result of the recently completed Master Plan. This article would increase the stock of
affordable housing without the need for new construction.

Mr. Pineo stated that “It doesn’t require any new large scale constructions to have new units to
count towards our affordable number. It is a vehicle in which existing in-law accessory
apartments will, if applied for through this process, be able to be counted to our affordable
number.”

Mr. Pineo also explained that in relation to structures existing prior to 1939 “By special permit
only, you would be able to have two dwellings on a single lot, through a special permit, through
the Zoning Board of Appeals…it would, hopefully, allow many of the residents who have lived in
Canton for a long time, their family to stay in Canton in a much more affordable way.”

Planning Board motion adopted.

ADOPTED UNANIMOUS VOICE VOTE

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ANNUAL TOWN MEETING
                                         APRIL 27, 2005
                                      SECOND SESSION

                                           ARTICLE 30

PROPOSED ZONING BY-LAW AMENDMENT – LOT FRONTAGE IN RESIDENTIAL
DISTRICTS
Article 30    To see if the Town will vote to amend the Town’s Zoning By-Laws, as most
recently amended, by amending Section 4.22 Lot Frontage in Residential Districts to read as
follows:

In all Residential Districts, no building except a one-story building of accessory use shall be
constructed on a lot which does not have both frontage on at least one street of at least the
applicable distance listed below and a width at any point between the frontage street and the
nearest part of said building of at least the applicable distance listed below:

                                             Frontage and
                                             Frontage Lot Width

       Single Residence AA                   125 ft.

       Single Residence A                    100 ft.

       Single Residence B                    75 ft.

       Single Residence C                    75 ft.

and by amending Section 4.31 by deleting the “Lot Width Through Bldg.” and “Frontage”
distances for the SR-AA, SR-A, SR-B and SR-C zoning districts and inserting the applicable
distances listed above, or to take any other action in relation thereto.
Board of Selectmen for Planning Board

MOVED:         That the subject matter of this article be deferred to the Planning Board.

                            FINANCE COMMITTEE VOTE:             6-0-0

Peter Pineo, Planning Board Chairperson stated:

On March 21, 2005, the Planning Board, by a vote of three members in favor and two members
opposed, voted to postpone indefinitely Article 30, in the following form:

Section 4.22 Lot Frontage in Residential Districts

In all Residential Districts, no building except a one-story building of accessory use, shall be
constructed on a lot which does not have frontage on at least one street and a width at any point
between the frontage street and the nearest part of said building for the following distances:

                                     Frontage and
                                     Frontage Lot Width

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Residence AA 125 ft.
Residence A 100 ft.
Residence B 75 ft.
Residence C 75 ft.

The vote on this recommendation was 3-2 to postpone indefinitely Article 30.

Mr. Pineo moved that Article 30 be postponed indefinitely explaining that this article is a
byproduct of the recently updated Master Plan. The Planning Board felt that other measures
should also be considered beyond lot frontage to control ‘pork chop lots’ and density such as lot
width through the building.

Planning Board member Jilian Hayes moved a substitute motion that the Town’s Zoning By-
Laws, as most recently amended, be further amended by deleting the current Section 4.22 Lot
Frontage in Residential Districts, and to replace same with the following:

Residential Districts, no building except a one-story building of accessory use, shall be
constructed on a lot which does not have frontage on at least one street and a width at any point
between the frontage street and the nearest part of said building for the following distances:

Frontage and
Frontage Lot Width

Residence AA 125 ft.
Residence A 100 ft.
Residence B 75 ft.
Residence C 75 ft.

and further that Section 4.31 be amended by deleting “Frontage” distances for the SR-AA and
SR-A, zoning districts therein contained and replacing such distances with the applicable
distances listed above.

Ms. Hayes stated that by having the lot frontage a fixed number without correlating to the lot
size, current lots may be carved up to create additional lots and increase the density. Other
towns have the frontage increase with the lot size. Zoning By-Law allows for one lot to be
divided into multiple lots mean single homes can turn into subdivisions. Increasing the lot
frontage requirements should help alleviate the problem of ‘pork chop lots’.

Planning Board member Dean Miller supported the substitute motion.

Several citizens spoke in favor of the substitute motion.

Planning Board members Peter Pineo, Jeremy Comeau and George Jenkins each spoke in
favor of postponing this article feeling more time is needed to review all of the aspects of the

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creation of a lot and at a future town meeting perhaps a comprehensive change to the way all
lots are created may be addressed rather than focusing on one particular issue.


VOTED: That the Town’s Zoning By-Laws, as most recently amended, be further amended by
deleting the current Section 4.22 Lot Frontage in Residential Districts, and to replace same with
the following:

Residential Districts, no building except a one-story building of accessory use, shall be
constructed on a lot which does not have frontage on at least one street and a width at any point
between the frontage street and the nearest part of said building for the following distances:

                                     Frontage and
                                     Frontage Lot Width

       Residence AA                  125 ft.
       Residence A                   100 ft.
       Residence B                   75 ft.
       Residence C                   75 ft.

and further that Section 4.31 be amended by deleting “Frontage” distances for the SR-AA and
SR-A, zoning districts therein contained and replacing such distances with the applicable
distances listed above.

ADOPTED 188 AYE – 48 NAY, MORE THAN TWO THIRDS

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ANNUAL TOWN MEETING
                                        APRIL 27, 2005
                                       SECOND SESSION



                                            ARTICLE 31

PROPOSED AMENDMENT TO ZONING BY-LAW – ADULT ENTERTAINMENT
Article 31       To see if the Town will vote to amend the Town’s Zoning By-Laws, as most
recently amended, by adding a new Subsection 2.19 Adult Entertainment as follows or take any
other action relative thereto:
Section 2.19 Adult Entertainment

The purpose and intent of this adult entertainment by-law is to address and mitigate the
secondary effects of the adult uses regulated herein. Such secondary effects have been shown
to include increased crime, adverse impacts on public health, adverse impacts on the business
climate of the Town, adverse impacts on the property values of residential and commercial
properties and adverse impacts on the quality of life in the Town, all of which secondary impacts
are adverse to the health, safety, and general welfare of the Town of Canton and its inhabitants.

The provisions of this adult entertainment by-law have neither the purpose nor intent of
imposing a limitation or restriction on the content of any communicative matter or materials,
including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this
adult entertainment by-law to restrict or deny access by adults to adult uses and to sexually
oriented matter or materials protected by the Constitutions of the United States of America and
the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of
such matter or materials may have to sell, rent distribute, or exhibit such matter or materials.
Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution, or
exhibition of obscene or other illegal matter or materials.

As is set forth below, the methods employed in this adult entertainment by-law to address and
mitigate the secondary effects of the adult uses regulated herein are to define the area where
such uses may be located and to prevent a concentration of such uses within that area.

A.     Uses subject to this adult entertainment by-law are as follows:

       1.      Adult Bookstores

       2.      Adult Motion Picture Theatres

       3.      Adult Clubs

       4.      Adult Paraphernalia Stores

       5.      Adult Video Stores

B.     The Board of Selectmen, as special permit granting authority, may issue a special permit
       for the establishment of the adult uses specified in subsection 2.19B, consistent with the
       standards applicable to applications for special permits generally, providing that all the
       following additional conditions are met:

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1. The adult uses must be located in a limited industry (a) district.

2. The adult uses must be located at least 500 feet from any residential zone,
district, or existing residence.

3. The adult uses must be located at least 500 feet from any establishment licensed
under the provisions of MGL c. 138, Section 12. In case of an adult club, which
itself must be licensed under the provisions of MGL c. 138, Section 12, such club
must be located at least 500 feet from any other establishment licensed under
the provisions of MGL c. 138, Section 12.

4. Adult uses must be located 500 feet from any public or private a) school, b)
house of worship, c) day care facility, and d) park, playground, playfield or
recreation facility.

5. Signs and advertising devices for adult uses shall not be illuminated and shall not
exceed six (6) square feet. No more than two signs or advertising device shall
be permitted.

C. In granting a special permit under this section 2.19, the Board of Selectmen as special
permit granting authority may impose any condition or limitation upon the establishment,
location, construction, maintenance and/or operation of the regulated adult use which is
reasonably necessary to prevent the secondary effects of the adult uses regulated
herein.

D. In any case where a building permit for the regulated adult use has not been obtained
within six months after the granting thereof, the special permit granted shall become null
and void.

E. Definitions
“Adult Bookstore”, an establishment having as a substantial or significant portion of its
stock in trade, books, magazines, and other matter which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, Section 31.

“Adult Motion Picture Theatre”, an enclosed building used for presenting material
distinguished by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, Section 31.

“Adult Paraphernalia Store”, an establishment having as a substantial or significant
portion of its stock devices, objects, tools, or toys, which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in MGL c. 272, Section 31.

“Adult Video Store”, an establishment having as a substantial or significant portion of its
stock in trade, videos, movies, or other film material which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, Section 31.

Source page 13

“Establishment which displays live nudity for its patrons”, any establishment which
provides live entertainment for its patrons, which includes the display of nudity, as that
term is defined in MGL c. 272, Section 31.
or to take any other action in relation thereto.
Board of Selectmen for Canton Planning Board

MOVED: That the subject matter of this article be deferred to the Planning Board.

FINANCE COMMITTEE VOTE: 6-0-0

Peter Pineo, Planning Board Chairperson stated:

On March 21, 2005, the Planning Board, by a vote of five members in favor, and no members
opposed, VOTED to recommend the adoption of Article 31 as most recently amended, by
adding a new subsection 2.19 Adult Entertainment, as recommended by the Planning Board.

Mr. Pineo moved that Article 31 be adopted explaining that this article is a direct result of the
recently updated Master Plan. Currently adult entertainment facilities can locate in all non-
residential districts. This by-law would further restrict the location and operation of adult
entertainment facilities by requiring a special permit and allowing their location only in an
“Industrial” district. Many area towns have already adopted similar by-laws.

Planning Board member Jilian Hayes explained that because of first amendment rights a town
cannot legally ban such establishments, however, we can limit their locations. The proposed
by-law stipulates that they will not be allowed within 500 feet of a school, a place of worship, a
park or playground or a daycare facility. Also, in an effort to dissuade them from coming to
Canton, a location with little visibility will be chosen and they will have to apply for a special
permit.

Avril Elkort, a member of the Board of Selectmen spoke against the article stating that in her
opinion there is no suitable area in Canton for an Adult Entertainment District.

Several citizens spoke in support of Article 31. Although they agreed with Mrs. Elkort, it is felt
that this by-law is a necessary step to limit and perhaps discourage such businesses from
moving to Canton.

VOTED: That the Town’s Zoning By-laws, as most recently amended, be hereby amended by
adding a new subsection 2.19 Adult Entertainment as follows:

Section 2.19 Adult Entertainment District

The purpose and intent of this adult entertainment by-law is to address and mitigate the
secondary effects of the adult uses regulated herein. Such secondary effects have been shown
to include increased crime, adverse impacts on public health, adverse impacts on the business
climate of the Town, adverse impacts on the property values of residential and commercial
properties and adverse impacts on the quality of life in the Town, all of which secondary impacts
are adverse to the health, safety, and general welfare of the Town of Canton and its inhabitants.

Source page 14

The provisions of this adult entertainment by-law have neither the purpose nor intent of
imposing a limitation or restriction on the content of any communicative matter or materials
including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this
adult by-law to restrict or deny access by adults to adult uses and to sexually oriented matter or
materials protected by the Constitutions of the United States of America and the Commonwealth
of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or
materials may have to sell, rent distribute, or exhibit such matter or materials. Neither is it the
purpose or intent of this bylaw to legalize the sale, rental, distribution, or exhibition of obscene
or other illegal matter or materials.

As is set forth below, the methods employed in this adult entertainment by-law to address and
mitigate the secondary effects of the adult uses regulated herein are to define the area where
such uses may be located and to prevent a concentration of such uses within that area.

A. Uses subject to this special regulation are as follows:

1. Adult Bookstores

2. Adult Motion Picture Theatres

3. Adult Clubs

4. Adult Paraphernalia Stores

5. Adult Video Stores

B. The Zoning Board of Appeals, as special permit granting authority, may issue a special
permit for the establishment of the adult uses specified in subsection 2.19B, consistent
with the standards applicable to applications for special permits generally, providing that
all the following conditions are met:

1. The adult uses must be located in an Industrial District.

2. The adult uses are located at least 500 feet from any residential zone or district,
or residential development.

3. Adult uses must be located at least 500 feet from any establishment licensed
under the provisions of MGL c. 138, Section 12. In case of an adult club, which
itself must be licensed under the provisions of MGL c. 138, Section 12, such club
must be located at least 500 feet from any other establishment licensed under
the provisions of MGL c. 138, Section 12.

4. Adult uses must be located 500 feet from any public or private a) school, b)
house of worship, c) day care facility, and d) park, playground, playfield or
recreation facility.

5. Signs and advertising devices for adult uses shall not be illuminated and shall not
exceed six (6) square feet. No more than two signs or advertising device shall
be permitted.

Source page 15

C. In granting a special permit under this section 2.19, the Zoning Board of Appeals as
special permit granting authority may impose any condition or limitation upon the
establishment, location, construction, maintenance and/or operation of the regulated
adult use which is reasonably necessary to prevent the secondary effects of the adult
uses regulated herein.

D. In any case where a building permit for the regulated adult use has not been obtained
within six months after the granting thereof, the special permit granted shall become null
and void.

E. Definitions
“Adult Bookstore”, an establishment having as a substantial or significant portion of its
stock in trade, books, magazines, and other matter which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, Section 31.

“Adult Motion Picture Theatre”, an enclosed building used for presenting material
distinguished by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, Section 31.

“Adult Paraphernalia Store”, an establishment having as a substantial or significant
portion of its stock devices, objects, tools, or toys, which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined in MGL c. 272, Section 31.

“Adult Video Store”, an establishment having as a substantial or significant portion of its
stock in trade, videos, movies, or other film material which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined in MGL c. 272, Section 31.

“Adult Club”, Establishment which displays live nudity for its patrons, any establishment
which provides live entertainment for its patrons, which includes the display of nudity, as
that term is defined in MGL c. 272, Section 31.

ADOPTED UNANIMOUS VOICE VOTE

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ANNUAL TOWN MEETING
MAY 2, 2005
THIRD SESSION

ARTICLE 32

PROPOSED AMENDMENT TO ZONING BY-LAW – DESIGN REVIEW BOARD
Article 32 To see if town meeting shall amend the zoning by-law by replacing section 5.73
with the following:

5.73 Design Review Board

The Canton Center Design Review Board (CCDRB) is hereby established. The CCDRB shall
review applications for projects that are subject to the provisions of this Section 5.7 Canton
Center Design Review.

5.73.1 Composition

The CCDRB shall consist of five members who shall be appointed by and serve at the pleasure
of the Planning Board. The Planning Board shall strive to have represented the following:

• One member of the Historic Commission or a person recommended by the Historic
Commission.

• One person qualified by training and experience in architecture, landscape
architecture or in the art or design profession.

• One person recommended by the Canton Downtown Business Association.

• Two persons at large.

The Planning Board shall appoint one alternate member for a term of one year.

No elected official of the Town of Canton may be a member or alternate of the CCDRB.

5.73.2 Method of Appointment

Members of the CCDRB shall be appointed by the Planning Board to staggered terms of three
years so that every third year one position is vacant.

The Planning Board shall, when making appointments, ask the Historical Commission and or
the Canton Downtown Business Association to recommend appropriate candidates to fill
vacancies on the CCDRB.

5.73.4 Organization and Board Procedure

The CCDRB shall organize itself at the first meeting following annual town election. The
CCDRB shall elect a chairperson, vice chairperson, and a clerk.

Source page 17

The CCDRB shall file copies of all of its agendas, minutes, and recommendations with the Town
Clerk, Zoning Board of Appeals and Planning Board.

Quarterly, the CCDRB shall send a representative to the Planning Board to give a report on the
status of the CCDRB.

5.73.5 Administrative Procedures

It is the responsibility of the Planning Board to distribute copies of plans that require design
review to the members of the CCDRB. The applicant shall provide with the application eight
copies of plans and related materials required for design review. The original copy of a CCDRB
application, dated and signed by the members of the CCDRB shall be filed by the applicant with
the Board of Appeals. The Office of Planning Board shall provide a CCDRB application form for
all applicants.

It is the responsibility of the applicant to provide the study model (if applicable) to the Planning
Board Office at the time of distribution of copies of plans that require design review.

The CCDRB shall within thirty days following the date of distribution of such plans file a CCDRB
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 CCDRB submits to the Board of Appeals within the initial thirty day period and
with the consent of the applicant, a request to extend the time of filing for an additional thirty
days.

Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and
recommendations of the CCDRB when reviewing Uses and Activities Subject to Design Review,
the ZBA shall not be bound by such findings or recommendations.
or take any other action in relation thereto.
Board of Selectmen for Canton Planning Board

MOVED: That the subject matter of this article be deferred to the Planning Board.

FINANCE COMMITTEE VOTE: 6-0-0

Peter Pineo, Planning Board Chairperson stated:

On March 9, 2005, the Planning Board, by a vote of five members in favor, and no members
opposed, VOTED to recommend the adoption of Article 32 as most recently amended, by
replacing Section 5.73 as recommended by the Planning Board.

Mr. Pineo moved that Article 32 be adopted.

Jeremy Comeau, a member of the Planning Board, explained some of the proposed changes
including, 1) no elected official may serve on the Canton Center Design Review Board 2)
CCDRB members will be appointed for overlapping terms of three years 3) CCDRB will be
required to reorganize each year after the annual town election 4) administrative procedures will
be handled by the Planning Board.

Source page 18

VOTED: That the Canton Zoning By-law be hereby amended by replacing Section 5.73 with the
following new text:

5.73 Canton Center Design Review Board

5.73.1 COMPOSITION
The CCDRB shall consist of five members who shall be appointed by and serve at the
pleasure of the Planning Board. The Planning Board shall strive to have represented the
following:
• One member of the Historical Commission or a person recommended by the
Historical Commission.
• One person qualified by training and experience in architecture, landscape
architecture or in the art or design profession.
• One person recommended by the Canton Downtown Business Association.
• Two persons at large.
The Planning Board shall appoint one alternate member for a term of one year.
No elected official may be a member or alternate of the CCDRB.

5.73.2 METHOD OF APPOINTMENT

Each member shall be appointed by the Planning Board each for overlapping terms of three
years so that every third year one position is vacant.

The Planning Board shall, when making appointments, ask the Historical Commission and or
the Canton Downtown Business Association for an appropriate candidate to fill vacancies on the
CCDRB.

5.73.4 ORGANIZATION AND BOARD PROCEDURE

The CCDRB shall organize at the first meeting following annual town election. The CCDRB shall
elect a chairperson, vice chairperson, and a clerk. All agendas, minutes, and recommendations
must be filed with the Town Clerk, Zoning Board and Planning Board. Quarterly, the CCDRB
must send a representative to the Planning Board to give a report on a progress of the CCDRB.

5.73.5 ADMINISTRATIVE PROCEDURES

It is the responsibility of the Planning Board to distribute copies of plans that require design
review to the members of the CCDRB. The applicant shall provide eight copies of plans and
related materials required for design review. The original copy of the CCDRB application, dated
and signed by the members of the CCDRB shall be filed with the Board of Appeals. The Office
of Planning Board shall provide CCDRB application form for all applicants.

It is the responsibility of 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.

The CCDRB shall within 30 days following the date such distribution is made, file a CCDRB
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 CCDRB submits to the Board of Appeals within the initial thirty day period and

Source page 19

with the consent of the applicant, a request to extend the time of filing for an additional thirty
days.

Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and
recommendations of the CCDRB when reviewing Uses and Activities Subject to Design Review,
the ZBA shall not be bound by any specific findings or recommendations.

ADOPTED UNANIMOUS VOICE VOTE

Source page 20

ANNUAL TOWN MEETING
                                          MAY 2, 2005
                                        THIRD SESSION



                                          ARTICLE 33

PROPOSED AMENDMENT TO ZONING BY-LAW – DEVELOPMENT OF TWO SEPARATE
SUB-DISTRICTS OF CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT
Article 33    To see if the Town will vote to amend the Zoning By-law by deleting the current
Section 5.6 and inserting the following new section 5.6, or to take any other action relative
thereto.

5.6            Canton Center Economic Opportunity District By-Law

There is hereby established a Canton Center Economic Opportunity District (CCEOD) Zoning
By-Law. The CCEOD is divided into two separate and distinct sub-districts of Canton Center as
follows:

       Priority Revitalization Area “A”: That area of Canton Center that runs along
       Washington Street from Neponset Street to Sherman Street, a distance of approximately
       3000 linear feet.

       Revitalization Area “B”: That area of Canton Center that runs along Washington
       Street from Sherman Street to Lewis Street, a distance of approximately 1000 linear
       feet.

Revitalization Areas A and B are shown on a map entitled “Canton Center Economic
Opportunity District (Priority Revitalization Area “A and Revitalization Area “B”) prepared by the
Canton Planning Department and dated December 20, 2004, which map is hereby incorporated
by reference in this Section 5.6.

5.61           Priority Revitalization Area “A”

This Section 5.61 shall apply only to those parcels located entirely within the boundary of the
Priority Revitalization Area “A”.

Priority Revitalization Area “A” is established for the accomplishment of the following purposes:

F.     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.

G.     To provide additional planning flexibility for projects located in Canton Center, including
       enhancing the coordination of the project with the environmental and natural features of
       the development site.

H.     To encourage mixed-use development, including but not limited to, offices, retail shops,
       and multi-family housing.

Source page 21

I. To permit and encourage the development of parks and open spaces, which would be
available for use by the general public, as a condition for the grant of a special permit
pursuant to this Section 5.61 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 5.61.

J. To permit the use of new development standards which will promote the desired
changes in Canton Center.

K. To provide information on the potential impacts of a proposed development.

L. To enable the Special Permit Granting Authority (SPGA) to require adherence to “Site
Development and Use Plans” in the granting of a special permit.

5.61.2 Definitions

For the special purposes of this Section 5.61, the following words and phrases shall have the
meaning hereinafter indicated:

A. Building Height: Building height shall be limited as set forth in this Section 5.61
and measured as set forth in the State Building Code 780 CMR 101.0 et seq.

M. Buildable Lot Area: A buildable lot area shall be a single continuous tract of land
located entirely within Priority Revitalization Area “A” which is contiguous with the
frontage, and which excludes any land defined as a “Resource Area” under the
Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and any
required yard area.

5.61.3 Scope of Authority

Priority Revitalization Area “A” shall be an overlay district and shall not restrict the owner’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 Section 5.61 Priority Revitalization Area “A.”

5.61.4 Special Permit Granting Authority

The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for
all purposes under Section 5.61 Priority Revitalization Area “A.” All special permit applications
shall conform to the standards and criteria of this Section and the Zoning Board of Appeals
Rules and Regulations governing the administration of applications for special permits.

Under this Section 5.61 Priority Revitalization Area “A”, 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 Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Article III. Section 3.0 Site Plan Approvals and this Section 5.61.

Construction or operations under a building permit or a special permit shall conform to any
subsequent amendment of the Zoning By-Law, unless the use or construction is commenced

Source page 22

within a period of not less than six months after the issuance of the permit and such
construction is continued through to completion as continuously and expeditiously as is
reasonable.

5.61.5 Objectives

In addition to the specific criteria contained within this section, the SPGA shall issue a special
permit for development within Priority Revitalization Area “A” only after consideration of the
project’s compliance with the following additional criteria:

B. Adequacy of the site in terms of the size of the proposed use(s);

N. Adequacy of the provision of open space, its accessibility to the general public, and/or its
association with adjacent or proximate open space areas;

O. Suitability of the site for the proposed use(s);

P. Impact on traffic and pedestrian flow and safety;

Q. Impact on the visual character of the neighborhood;

R. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and

S. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section 5.61.

5.61.6 Uses Permitted

Within Priority Revitalization Area “A”, the Board of Appeals may issue a special permit
authorizing the following uses:

C. Apartment houses or buildings.

T. Retail stores and offices including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and administrative offices,
banks and other institutions.

U. All uses allowed by right or by special permit in the underlying zoning district.

V. Restaurant and other on-premises eating and drinking establishments.

No building or structure shall be designed, arranged or constructed and no building, structure or
land shall be used, in whole or in part, for any purpose other than for one or more of the uses
herein set forth as permissible by special permit.

5.61.7 Standards and Criteria

D. Minimum Lot Size

Source page 23

1. The minimum lot size is 10,000 square feet of “buildable lot area.” The lot must
contain the “buildable lot area” in a single, contiguous site within the boundaries
of Priority Revitalization Area “A.”

2. No portion of a way or street, as defined by the by-law may be included in
computing the minimum required “buildable lot area.”

W. Lot Coverage

No building shall be constructed so as to cover, together with any other building on the
lot, more than fifty (50) percent of the “buildable lot area.”

X. Minimum Lot Frontage and Access

Lots with over 60,000 S.F. of “buildable lot area” shall have a minimum frontage of one
hundred twenty feet (120) feet and at least one means of ingress/egress. Each means
of ingress/egress shall have a continuous frontage of not less than sixty feet.

5.61.8 Density

No building or structure shall be designed, arranged or constructed and no building,
structure or land shall be used, in whole or in part, which exceeds the densities specified
below for residential and non-residential uses.

E. One dwelling unit per 2,000 S.F. of “buildable lot area”, plus

Y. Three thousand (3,000) gross square feet of non-residential floor area per 10,000 S.F. of
“buildable lot area” or portion thereof.

For the purpose of this section, “gross square feet of non-residential floor area” means the total
non-residential floor area contained within exterior walls but does not include basement space
used for hearing and utilities, storage or for automobile parking.

5.61.9 Setbacks and Yard Regulations for Buildings

No building shall be constructed so as to be nearer to the line of any street than the “required
setback distance” or nearer to the sidelines of its lot than the “required side yard width” or
nearer to the rear line of its lot than the “required rear yard depth” specified below:

• Required Setback Distance – 15 feet

• Required Side Yard Width – N/A

• Required Rear Yard Depth – 25 feet

F. The required setback distance shall be measured from the nearest exterior line of
the street in question.

Source page 24

Z. No storage or display of goods, products, materials or equipment, vending machines or
similar commercial devices shall be located nearer to the line of any street than the
permitted setback distance for a building on the lot.

AA. No lot on which a building is located shall be reduced or changed in size or shape so
that the building or lot fails to comply with the “buildable lot area”, frontage, building
coverage, yard setback, or other dimensional provisions of this Section.

5.61.10 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.

5.61.11 Common Open Land

Each site is encouraged to have Common Open Land for use by the general public. The open
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 consist of a piece less than 200 square feet
in size.

5.61.12 Parking Requirements

In Priority Revitalization Area “A”, there shall be provided and maintained improved off-street
automobile parking in connection with the erection, establishment or increase in units or
dimensions of buildings, structures and uses, in the following amounts:

G. For dwelling units one parking space per each bedroom.

BB. For restaurants and other on premises eating and drinking establishments, not less than
one (1) parking space for each six (6) seats, subject to the discretion of the Zoning
Board of Appeals to require additional parking space. Where benches are used, not less
than one (1) parking space for each six (6) feet of bench, subject to the discretion of the
Zoning Board of Appeals to require additional parking space.

CC. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices,
executive and administrative offices, banks and other financial institutions one parking
space for each two hundred fifty (250) square feet of gross floor area. For the purpose
of this section, “gross floor area” means the total floor area contained within exterior
walls, but does not include basement space used for hearing and utilities, storage or for
automobile parking.

DD. Uses not listed in Section 5.61.12 Parking Requirements, Subsections (A) and (B) shall
comply with the parking space requirements of the Zoning By-Law Section 4.0 Off-Street
Parking.

Source page 25

EE. Below grade structured 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.

Below grade structured parking may be designed to allow two cars to park in
“tandem.” In such cases, each of the two “tandem” parking spaces shall be
counted as providing a parking space for the purpose of meeting the off street
parking requirement of this by-law. “Tandem” parking is defined as two parking
spaces placed one behind another in single file.

FF. In the case of mixed uses, the parking spaces required shall be the sum of the
requirement for the various individual uses, computed separately in accordance with this
section. Parking spaces for one use shall not be considered as providing the required
parking spaces for any other use unless it can be clearly demonstrated to the Zoning
Board that the need for parking occurs at different times.

GG. A change in the use of the premises or in the configuration of the building or lot subject
to a special permit and site development and use plan issued pursuant to this Section
5.62 shall require the special permit holder to apply to the Board of Appeals for a
modification of the number of off street parking spaces required pursuant to such special
permit and plan if such change, alone or in combination with previous changes, would
require an increase or decrease of more than 10% in the number of off street parking
spaces required pursuant to this Section 5.62.

HH. Off-street automobile parking spaces, to the extent required in this section, may be
provided either on the same lot or premises with the parking generator or on any lot or
premises associated therewith a substantial portion of which at least is within three
hundred (300) feet of the generator.

II. 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 4.06 Design Standards shall be considered the minimum criteria for
evaluating such design.

JJ. In addition to the requirement for automobile parking spaces there shall also be provided
for each building or group of buildings sufficient off-street loading space to insure that all
loading operations take place off the public way. Loading spaces and access drives
leading to loading spaces shall be so designed that vehicles to be loaded or unloaded
are not required to maneuver in the public way to enter o leave the designed loading
area. The provisions of Section 4.06.6 Loading Areas shall be considered the minimum
criteria for evaluating such design.

5.61.13 Signs and Advertising Devices

The provisions of Section 4.1 Signs and Advertising Devices is adopted for the regulation and
restriction of billboards, signs and other advertising devices with the Canton Center Economic
Opportunity District.

5.61.14 Certified Acoustical Barriers

Source page 26

No activity or use shall be allowed which causes exterior noise levels to exceed a day-night
average sound level of 65 decibels (65 L dn) at the lot line; no dwelling unit shall be located
where exterior noise levels exceed a day-night average sound level of 65 decibels (65 L dn);
and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-
night average sound level of 45 decibels (45 L dn). The day-night average sound level (L dn) is
the 24-hour average sound level, in decibels; resulting from the accumulation of noise from all
sources contributing to the external noise environment of the site with 10 decibels added to
sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level (L dn)
shall be determined in accordance with The Code of Federal Regulations Title 24-Housing and
Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).

5.61.15        Affordable Units

As a condition for the grant of a special permit pursuant to this Section 5.62 authorizing an
increase in the otherwise permissible density or population or intensity of a particular use in a
proposed development pursuant to the requirements of this Section 5.61, at least fifteen percent
(15%) of the dwelling units shall be deed restricted in perpetuity, except for four units or less,
the Board may decide to waive this requirement; for occupancy by persons earning not more
than eighty (80) percent of the area median income as defined and regulated by the
Commonwealth’s Department of Housing and Community Development, and 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 in
distinguishable from market rate units except in size and interior finishing and appliances.

5.61.15A       Affordable Units: As an alternative to including affordable units pursuant to
Section 5.61.15 immediately above, the applicant may include affordable units under Mass.
Housing’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 principles
including without limitation locating in town center, reuse of existing structures, locating around
transportation sites, and preserving natural resources, and including Canton Center Economic
Opportunity District.

5.61.16        Preference

As a condition of approval, the Zoning Board of Appeals shall require that, to the maximum
extent allowable under applicable law, Canton residents be given first preference in the
purchase or renting of affordable units, and 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 in 5.61.15 and 5.61.15A.

5.61.17        Canton Housing Authority

For those dwelling units specified as affordable, the Zoning Board 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.



5.62           Revitalization Area “B”

Source page 27

This Section 5.62 shall apply only to those parcels located entirely within the boundary of the
Revitalization Area “B”.

The Revitalization Area “B” is established for the accomplishment of the following purposes:

H. 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.

KK. To provide additional planning flexibility for projects and to enhance the coordination of
the project with the environmental and natural features of the development site.

LL. To encourage mixed-use development of business and professional offices and multi-
family housing.

MM. To permit the use of new development standards which will retain the sites’ present
character.

NN. To provide information on the potential impacts of a proposed development.

OO. To enable the Special Permit Granting Authority (SPGA) to require adherence to “Site
Development and Use Plans” in the granting of a special permit.

5.62.1 Definitions

For the special purposes of this Section 5.62 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
issuance of a special permit for construction of a Revitalization Area “B” development, within
Revitalization Area “B” hereunder. The applicant must own, or be the beneficial owner of, all the
land included in the proposed site, or have authority from the owner(s) to act for him 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 included in the site.

Buffer: An area within the Revitalization “B” Development adjacent to 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
services 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 of photographer.

Development Schedule: A schedule showing 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 5.62 and
measured as set forth in the State Building Code 780 CMR 101.0 et seq.

Source page 28

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.e. brick, pavers, etc.) are used in the
construction of walkways, courtyards, patios, etc., allowing such surfaces to be pervious, the
area of these surfaces can be credited toward the open space requirement.

Regulations: The applicable rules and regulations of the Zoning Board relative to special
permits and site plans. The Zoning Board of Appeals, as the Special Permit Granting Authority,
reserves the right to modify and/or waive any and all requirements described in this section.

Upland: Land without a wet area and not subject to flooding.

Wetlands: All land subject to the provisions of Massachusetts General Laws c. 131, ss. 40 and
40A and/or the Town’s Wetlands By-Law.

5.62.2 Scope of Authority

The Revitalization Area “B” is an overlay zoning district. This Section 5.62 shall apply only to
those parcels located entirely within the boundaries of the Revitalization Area “B.”

• If the landowner selects 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 of underlying zoning district, the development shall conform to the
objectives, standards and criteria specified by the underlying zoning district.

5.62.3 Special Permit Granting Authority

The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for
all purposes under Section 5.62 Revitalization Area “B.” All special permit applications shall
conform to the standards and criteria of this Section 5.62 and the Zoning Board of Appeals
Rules and Regulations (“Regulations”) governing the administration of applications for special
permits.

Under Section 5.62 Revitalization Area “B”, 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 Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Article III, Section 3.0 Site Plan Approval and this Section 5.62.

Construction or operations under a building permit or a special permit shall conform to any
subsequent amendment of the Zoning By-Law, unless the use or construction is commenced
within a period of not less than six months after the issuance of the permit and such
construction is continued through to completion as continuously and expeditiously as is
reasonable.

5.62.4 Objectives

Source page 29

In addition to the specific criteria contained within this section, 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 criteria:

I. Adequacy of the site in terms of the size of the proposed use(s);

PP. Suitability of the site for the proposed use(s);

QQ. Impact on traffic and pedestrian flow and safety;

RR. Impact on the visual character of the neighborhood;

SS. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and

TT. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section 5.62.

5.62.5 Uses Permitted

Within the Revitalization Area “B”, the Board of Appeals may issue a special permit for the
following uses:

J. Apartment houses or buildings.

UU. Business and Professional offices.

VV. All uses allowed by right in the underlying zoning district.

No building or structure shall be designed, arranged or constructed and no building, structure or
land shall be used, in whole or in part, for any purpose other than for one or more of the uses
herein set forth as permissible by special permit.

5.62.6 Standards and Criteria

K. Minimum Lot Size

1. The minimum lot size is 15,000 square feet of lot area. The lot must be a single,
contiguous site within the boundaries of Revitalization Area “B.”

2. No portion of a way or street, as defined by the by-law may be included in
computing the minimum required lot area.

WW. Lot Coverage

No building shall be constructed so as to cover, together with any other building on the
lot, more than twenty-five (25%) percent of the lot area.

XX. Minimum Lot Frontage and Access

Source page 30

Lots shall have a minimum of seventy-five feet (75’) of continuous frontage. Each
means of ingress/egress shall have a continuous frontage of not less than seventy-five
feet (75’).

5.62.7 Density, Mix of Uses and Infrastructure Standards

Within a Revitalization Area “B” Development, no building or structure shall be designed,
arranged or constructed and no building, structure or land shall be used, in whole or in part,
which exceeds the densities, either individually or in combination, specified below.

L. One dwelling unit per 5,000 square feet of lot area.

YY. Two thousand (2,000) gross square feet of non-residential floor area per 10,000 S.F. of
lot area or portion thereof.

ZZ. Mix of Uses:

1. Building Mixed-Use Standards

On the ground floor of the building shall only be permitted business or professional office uses.

Above the ground floor shall only be permitted multi-family residential units.

AAA. Infrastructure Standards

All utilities and services shall be placed underground.

Private driveways servicing the site shall be sized to adequately serve the intended vehicular
and pedestrian traffic. Private driveways shall strive to conform to the Rules and Regulations of
the Canton Planning Board governing the subdivision of Land, the Canton Department of Pubic
Works Regulations regarding water, sewer and storm drainage, and any other applicable
regulation and/or standards of the town.

5.62.8 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 “side yard setback
requirements” or nearer to the rear line of its lot than the “rear yard setback requirements” or on
a lot that does not comply with the lot width requirements specified below:

• Lot Width Requirements: Each lot shall have a lot width of no less than one
hundred feet (100’) at the front yard setback line and the rear yard setback line.

• Front Yard Setback and Side Yard Setback Requirements: Each lot shall have a
front yard setback requirement of no less than thirty feet (30’) and a side yard
setback requirement of not less than ten feet (10”) from the nearest point on any
exterior wall of the building.

• Rear Yard Setback Requirements: Each lot shall have a rear yard setback
requirement of not less than thirty-five feet (35’).

Source page 31

5.62.9 Height Regulations

No building shall be constructed to exceed the height of the underlying zoning or thirty-six feet
(36’), whichever is lower. Maximum building height shall be measured as set forth in the State
Building Code 780 CMR 101.0 et seq.

5.62.10 Open Space, Common Open Land and Buffers

At a minimum, each site shall have thirty percent (30%) of its lot area designated as Open
Space. Open Space is defined as an area of land containing no building or structure or
impervious material.

The proposed development is encouraged to have Common Open Space for use by the general
public. The Common Open Space shall have a shape, dimension, character and location
suitable to assure its use for park or open space purposes by the general public. Such
Common Open Space may be provided as a condition for the grant of a special permit pursuant
to this Section 5.62 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 5.62.

Areas which shall be credited toward the Open Space requirement include:

• Side, rear and front yard setbacks.

• “Buffer” areas.

• The area of surfaces that use natural materials (i.e. brick, bluestone, etc.) in the
construction of walkways, courtyards, patios, etc.

• Common Open Space.

5.62.11 Parking Requirements

In Revitalization Are “B”, there shall be provided and maintained improved off-street automobile
parking in connection with the erection, establishment or increase in units or dimensions of
buildings, structures and uses, in the following amounts:

M. For dwelling units one parking space per each bedroom.

BBB. Non-residential uses shall comply with the parking space requirements of the Zoning By-
Law Section 4.0 Off-Street Parking.

CCC. Below grade structured 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.

DDD. The parking spaces required shall be the sum of the requirement for the various
individual uses, computed separately in accordance with this Section. Parking spaces
for one use shall not be considered as providing the required parking spaces for any
other use.

Source page 32

EEE. A change in the use of the premises or in the configuration of the building or lot subject
       to a special permit and site development and use plan issued pursuant to this Section
       5.62 shall require the special permit holder to apply to the Board of Appeals for a
       modification of the number of off street parking spaces required pursuant to such special
       permit and plan if such change, alone or in combination with previous changes, would
       require an increase or decrease of more than 10% in the number of off street parking
       spaces required pursuant to this Section 5.62.

FFF.   Off-street automobile parking spaces, to the extent required in this section, shall be
       provided on the same lot or premises with the parking generator.

GGG. 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 4.06 Design Standards shall be considered the minimum criteria for
       evaluating such design.

HHH. In addition to the requirement for automobile parking spaces there shall also be provided
       for each building or group of buildings sufficient off-street loading space to insure that all
       loading operations take place off the public way. Loading spaces and access drives
       leading to loading spaces shall be so designed that vehicles to be loaded or unloaded
       are not required to maneuver in the public way to enter or leave the designated loading
       area. The provisions of Section 4.06.6 Loading Areas shall be considered the minimum
       criteria for evaluating such design.

5.62.12        Signs and Advertising Devices

The provisions of Section 4.1 Signs and Advertising Devices are adopted for the regulation and
restriction of billboards, signs and other advertising devices within the Revitalization Area “B.”

5.62.13        Certified Acoustical Barriers

No activity or use shall be allowed which causes exterior noise levels to exceed a day-night
average sound level of 65 decibels (65 L dn) at the lot line; no dwelling unit shall be located
where exterior noise levels exceed a day-night average sound level of 65 decibels (65 L dn);
and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-
night average sound level of 45 decibels (45 L dn). The day-night average sound level (L dn) is
the 24-hour average sound level, in decibels, resulting from the accumulation of noise from all
sources contributing to the external noise environment of the site with 10 decibels added to
sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level (L dn)
shall be determined in accordance with The Code of Federal Regulations, Title 24 Housing and
Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).

5.62.14        Affordable Units

As a condition for the grant of a special permit pursuant to this Section 5.62 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 5.62, at least fifteen percent
(15%) of the dwelling units shall be deed restricted in perpetuity, except for four units or less,
the Board may decide to waive this requirement; for occupancy by persons earning not more
than eighty percent of the area median income as defined and regulated by the

Source page 33

Commonwealth’s Department of Housing and Community Development and 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 from market rate units except in size and interior finishing and appliances.

5.62.14A       Affordable Units: As an alternative to including affordable units pursuant to
Section 5.62.14 immediately above, the applicant may include affordable units under Mass.
Housing’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 principles
including without limitation locating in town center, reuse of existing structures, locating around
transportation sites, and preserving natural resources, and including Canton Center Economic
Opportunity District.

5.62.15        Preference

As a condition of approval, the Zoning Board of Appeals shall require that, to the maximum
extent allowable under applicable law, Canton residents be given first preference in the
purchase or renting of affordable units, and 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 in 5.61.15 and 5.61.15A.

5.62.16        Canton Housing Authority

For those apartment units specified as affordable, the Zoning Board 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.
Board of Selectmen for Canton Planning Board

MOVED:         That the subject matter of this article be deferred to the Planning Board.

                             FINANCE COMMITTEE VOTE:             6-0-0

Peter Pineo, Planning Board Chairperson stated:

On March 21, 2005, the Planning Board, by a vote of five members in favor and no members
opposed, VOTED in favor of Article 33, as amended, by changing in Section 5.62.6, LOT
COVERAGE, to 10,000 square feet of lot area; and 5.62.7 B. No building shall be constructed
so as to cover, together with any other building on the lot, more than thirty (30%) of the lot area;
one dwelling unit per 4,000 square feet of lot area, therefore, the Planning Board moves that
Article 33 be adopted as presented in the Planning Boards printed recommendation.

The vote on this recommendation was 5-0 in favor of Article 33.

Mr. Pineo explained that this article is a result of the recently completed Master Plan. This by-
law change would transition the current Canton Center Economic Opportunity District from
Sherman Street to Lewis Street in a way that would allow mixed use and density, but not at the
level of Central Business District. This article would retain existing setbacks from Washington
Street to maintain the residential character of this area while retaining the exiting CCEOD
standards on the “Industrial” zoned land to encourage redevelopment of this specific area.

Source page 34

The proposed CCEOD By-law revision would divide into two separate distinct sub-districts,
“Priority Revitalization Area A and Priority Revitalization Area B”.

Priority Revitalization Area A in the CCEOD, runs along Washington St. from Neponset St. to
Sherman St. and that area zoned Industrial that runs along Pequit Street in the vicinity of
Washington Street.

Priority Revitalization Area B is that area of Canton Center that runs along Washington Street
from Sherman Street to Lewis Street but excluding that area of land designated as Industrial
that runs along Pequit Street in the vicinity of Washington Street.

Some of the changes are as follows:

The current CCEOD allows 3,000 square feet of commercial space per 10,000 square
feet. The allowable commercial space will be reduced to 2,000 square feet.

Lot coverage will be reduced from fifty percent to thirty percent of the lot area.

The density will change from one unit per 2,000 square feet to one unit per 4,000 square
feet.

Planning Board member Jeremy Comeau explained that this new by-law attempts to keep both
the residential and historical look in this area.

Town Planner Roger Nicholas stated that this proposal is in consistency with the 1959 and 2004
Master Plan.

Gerald Salvatori, a member of the Board of Selectmen, spoke against the article based on
conversations and correspondence he has received from property owners in the area. One
concern is that they feel that section 5.61.5 Objectives is “too subjective and wasn’t very clearly
delineated and they felt that this alone may have the potential to see a project fail if it was
brought forward”.

Ken Schlossberg spoke against changing the zoning in this area. Referring to a map taken from
the 1959 Master Plan Mr. Schlossberg stated that the feeling has been that the area from
Sherman Street to Lewis Street has been considered a part of the “downtown” and he feels the
current zoning should remain. He also spoke to the fairness of two companies in the same area
being treated differently under the zoning by-law.

Several people spoke in support of this article citing concerns such as density and maintaining
the residential look of the area.

VOTED: That the Town amend the Zoning By-law by deleting the current Section 5.6 and
inserting the following new section 5.6, or to take any other action relative thereto.

5.6 Canton Center Economic Opportunity District By-Law

There is hereby established a Canton Center Economic Opportunity District (CCEOD) Zoning
By-Law. The CCEOD is divided into two separate and distinct sub-districts of Canton Center as
follows:

Source page 35

Priority Revitalization Area “A”: That area of Canton Center that runs (1) along
Washington Street from Neponset Street to Sherman Street, a distance of approximately
2000 linear feet and (2) that area zoned “Industrial” that runs along Pequit Street in the
vicinity of Washington Street, to the Northern border of the District.

Priority Revitalization Area “B”: That area of Canton Center that runs (1) along
Washington Street from Sherman Street to Lewis Street, a distance of approximately
1000 linear feet, but excluding (2) that area of land designated as Industrial that runs
along Pequit Street in the vicinity of Washington Street to the Northern border of the
District.

The Revitalization Areas are shown on a map entitled “Canton Center Economic Opportunity
District (Priority Revitalization Area “A” and Revitalization Area “B”) prepared by the Canton
Planning Department and dated December 20, 2004, which map is hereby incorporated by
reference in this Section 5.6.

5.61 Priority Revitalization Area “A”

This Section 5.61 shall apply only to those parcels located entirely within the boundary of the
Priority Revitalization Area “A”.

Priority Revitalization Area “A” is established for the accomplishment of the following purposes:

A. To promote the economic health and stability of the Town by encouraging development
and economic investment in the Canton Center that will generate employment and tax
revenue.

B. To provide additional planning flexibility for projects located in Canton Center, including
enhancing the coordination of the project with the environmental and natural features of
the development site.

C. To encourage mixed-use development, including but not limited to, offices, retail shops,
and multi-family housing.

D. To permit and encourage the development of parks and open spaces, which would be
available for use by the general public, as a condition for the grant of a special permit
pursuant to this Section 5.61 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 5.61.

E. To permit the use of new development standards which will promote the desired
changes in Canton Center.

F. To provide information on the potential impacts of a proposed development.

G. To enable the Special Permit Granting Authority (SPGA) to require adherence to “Site
Development and Use Plans” in the granting of a special permit.

5.61.2 Definitions

Source page 36

For the special purposes of this Section 5.61, the following words and phrases shall have the
meaning hereinafter indicated:

         A.     Building Height: Building height shall be limited as set forth in this Section 5.61
                and measured as set forth in the State Building Code 780 CMR 101.0 et seq.

H.       Buildable Lot Area: A buildable lot area shall be a single continuous tract of land
         located entirely within Priority Revitalization Area “A” which is contiguous with the
         frontage, and which excludes any land defined as a “Resource Area” under the
         Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and any
         required yard area.

5.61.3          Scope of Authority

Priority Revitalization Area “A” shall be an overlay district and shall not restrict the owner’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 Section 5.61 Priority Revitalization Area “A”.

5.61.4          Special Permit Granting Authority

The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for
all purposes under Section 5.61 Priority Revitalization Area “A”. All special permit applications
shall conform to the standards and criteria of this Section and the Zoning Board of Appeals
Rules and Regulations governing the administration of applications for special permits.

Under this Section 5.61 Priority Revitalization Area “A”, 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 Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Article III. Section 3.0 Site Plan Approvals and this Section 5.61.

Construction or operations under a building permit or a special permit shall conform to any
subsequent amendment of the Zoning By-Law, unless the use or construction is commenced
within a period of not less than six months after the issuance of the permit and such
construction is continued through to completion as continuously and expeditiously as is
reasonable.



5.61.5          Objectives

In addition to the specific criteria contained within this section, the SPGA shall issue a special
permit for development within Priority Revitalization Area “A” only after consideration of the
project’s compliance with the following additional criteria:

         B.     Adequacy of the site in terms of the size of the proposed use(s);

I.       Adequacy of the provision of open space, its accessibility to the general public, and/or its
         association with adjacent or proximate open space areas;

Source page 37

J. Suitability of the site for the proposed use(s);

K. Impact on traffic and pedestrian flow and safety;

L. Impact on the visual character of the neighborhood;

M. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and

N. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section 5.61.

5.61.6 Uses Permitted

Within Priority Revitalization Area “A”, the Board of Appeals may issue a special permit
authorizing the following uses:

C. Apartment houses or buildings.

O. Retail stores and offices including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and administrative offices,
banks and other institutions.

P. All uses allowed by right or by special permit in the underlying zoning district.

Q. Restaurant and other on-premises eating and drinking establishments.

No building or structure shall be designed, arranged or constructed and no building, structure or
land shall be used, in whole or in part, for any purpose other than for one or more of the uses
herein set forth as permissible by special permit.

5.61.7 Standards and Criteria

D. Minimum Lot Size

1. The minimum lot size is 10,000 square feet of “buildable lot area.” The lot must
contain the “buildable lot area” in a single, contiguous site within the boundaries
of Priority Revitalization Area “A”.

2. No portion of a way or street, as defined by the by-law may be included in
computing the minimum required “buildable lot area”.

R. Lot Coverage

No building shall be constructed so as to cover, together with any other building on the
lot, more than fifty (50) percent of the “buildable lot area”.

S. Minimum Lot Frontage and Access

Source page 38

Lots with over 60,000 S.F. of “buildable lot area” shall have a minimum frontage of one
hundred twenty (120) feet and at least one means of ingress/egress. Each means of
ingress/egress shall have a continuous frontage of not less than sixty feet.

5.61.8 Density

No building or structure shall be designed, arranged or constructed and no building,
structure or land shall be used, in whole or in part, which exceeds the densities specified
below for residential and non-residential uses.

E. One dwelling unit per 2,000 S.F. of “buildable lot area”, plus

T. Three thousand (3,000) gross square feet of non-residential floor area per 10,000 S.F. of
“buildable lot area” or portion thereof.

For the purpose of this section, “gross square feet of non-residential floor area” means the total
non-residential floor area contained within exterior walls but does not include basement space
used for heating and utilities, storage or for automobile parking.

5.61.9 Setbacks and Yard Regulations for Buildings

No building shall be constructed so as to be nearer to the line of any street than the “required
setback distance” or nearer to the sidelines of its lot than the “required side yard width” or
nearer to the rear line of its lot than the “required rear yard depth” specified below:

• Required Setback Distance – 15 feet

• Required Side Yard Width – N/A

• Required Rear Yard Depth – 25 feet

F. The required setback distance shall be measured from the nearest exterior line of
the street in question.

U. No storage or display of goods, products, materials or equipment, vending machines or
similar commercial devices shall be located nearer to the line of any street than the
permitted setback distance for a building on the lot.

V. No lot on which a building is located shall be reduced or changed in size or shape so
that the building or lot fails to comply with the “buildable lot area”, frontage, building
coverage, yard setback, or other dimensional provisions of this Section.

5.61.10 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.

5.61.11 Common Open Land

Source page 39

Each site is encouraged to have Common Open Land for use by the general public. The open
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 consist of a piece less than 200 square feet
in size.

5.61.12 Parking Requirements

In Priority Revitalization Area “A”, there shall be provided and maintained improved off-street
automobile parking in connection with the erection, establishment or increase in units or
dimensions of buildings, structures and uses, in the following amounts:

G. For dwelling units one parking space per each bedroom.

W. For restaurants and other on premises eating and drinking establishments, not less than
one (1) parking space for each six (6) seats, subject to the discretion of the Zoning
Board of Appeals to require additional parking space. Where benches are used, not less
than one (1) parking space for each six (6) feet of bench, subject to the discretion of the
Zoning Board of Appeals to require additional parking space.

X. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices,
executive and administrative offices, banks and other financial institutions one parking
space for each two hundred fifty (250) square feet of gross floor area. For the purpose
of this section, “gross floor area” means the total floor area contained within exterior
walls, but does not include basement space used for hearing and utilities, storage or for
automobile parking.

Y. Uses not listed in Section 5.61.12 Parking Requirements, Subsections (A) and (B) shall
comply with the parking space requirements of the Zoning By-Law Section 4.0 Off-Street
Parking.

Z. Below grade structured 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.

Below grade structured parking may be designed to allow two cars to park in “tandem”.
In such cases, each of the two “tandem” parking spaces shall be counted as providing a
parking space for the purpose of meeting the off street parking requirement of this by-
law. “Tandem” parking is defined as two parking spaces placed one behind another in
single file.

AA. In the case of mixed uses, the parking spaces required shall be the sum of the
requirement for the various individual uses, computed separately in accordance with this
section. Parking spaces for one use shall not be considered as providing the required
parking spaces for any other use unless it can be clearly demonstrated to the Zoning
Board that the need for parking occurs at different times.

BB. A change in the use of the premises or in the configuration of the building or lot subject
to a special permit and site development and use plan issued pursuant to this Section

Source page 40

5.62 shall require the special permit holder to apply to the Board of Appeals for a
       modification of the number of off street parking spaces required pursuant to such special
       permit and plan if such change, alone or in combination with previous changes, would
       require an increase or decrease of more than 10% in the number of off street parking
       spaces required pursuant to this Section 5.62.

CC.    Off-street automobile parking spaces, to the extent required in this section, may be
       provided either on the same lot or premises with the parking generator or on any lot or
       premises associated therewith a substantial portion of which at least is within three
       hundred (300) feet of the generator.

DD.    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 4.06 Design Standards shall be considered the minimum criteria for
       evaluating such design.

EE.    In addition to the requirement for automobile parking spaces there shall also be provided
       for each building or group of buildings sufficient off-street loading space to insure that all
       loading operations take place off the public way. Loading spaces and access drives
       leading to loading spaces shall be so designed that vehicles to be loaded or unloaded
       are not required to maneuver in the public way to enter or leave the designed loading
       area. The provisions of Section 4.06.6 Loading Areas shall be considered the minimum
       criteria for evaluating such design.

5.61.13        Signs and Advertising Devices

The provisions of Section 4.1 Signs and Advertising Devices is adopted for the regulation and
restriction of billboards, signs and other advertising devices with the Canton Center Economic
Opportunity District.

5.61.14        Certified Acoustical Barriers

No activity or use shall be allowed which causes exterior noise levels to exceed a day-night
average sound level of 65 decibels (65 L dn) at the lot line; no dwelling unit shall be located
where exterior noise levels exceed a day-night average sound level of 65 decibels (65 L dn);
and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-
night average sound level of 45 decibels (45 L dn). The day-night average sound level (L dn) is
the 24-hour average sound level, in decibels; resulting from the accumulation of noise from all
sources contributing to the external noise environment of the site with 10 decibels added to
sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level (L dn)
shall be determined in accordance with The Code of Federal Regulations Title 24-Housing and
Urban Development, Part 51 Environmental Criteria and Standards (24 CFR 51).

5.61.15        Affordable Units

As a condition for the grant of a special permit pursuant to this Section 5.62 authorizing an
increase in the otherwise permissible density or population or intensity of a particular use in a
proposed development pursuant to the requirements of this Section 5.61, at least fifteen percent
(15%) of the dwelling units shall be deed restricted in perpetuity, except for four units or less,
the Board may decide to waive this requirement; for occupancy by persons earning not more

Source page 41

than eighty (80) percent of the area median income as defined and regulated by the
Commonwealth’s Department of Housing and Community Development, and 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 from market rate units except in size and interior finishing and appliances.

5.61.15A Affordable Units: As an alternative to including affordable units pursuant to
Section 5.61.15 immediately above, the applicant may include affordable units under Mass.
Housing’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 principles
including without limitation locating in town center, reuse of existing structures, locating around
transportation sites, and preserving natural resources, and including Canton Center Economic
Opportunity District.

5.61.16 Preference

As a condition of approval, the Zoning Board of Appeals shall require that, to the maximum
extent allowable under applicable law, Canton residents be given first preference in the
purchase or renting of affordable units, and 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 in 5.61.15 and 5.61.15A.

5.61.17 Canton Housing Authority

For those dwelling units specified as affordable, the Zoning Board 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.

5.62 Revitalization Area “B”

This Section 5.62 shall apply only to those parcels located entirely within the boundary of the
Revitalization Area “B”.

The Revitalization Area “B” is established for the accomplishment of the following purposes:

H. 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.

FF. To provide additional planning flexibility for projects and to enhance the coordination of
the project with the environmental and natural features of the development site.

GG. To encourage mixed-use development of business and professional offices and multi-
family housing.

HH. To permit the use of new development standards which will retain the sites’ present
character.

Source page 42

II. To provide information on the potential impacts of a proposed development.

JJ. To enable the Special Permit Granting Authority (SPGA) to require adherence to “Site
Development and Use Plans” in the granting of a special permit.

5.62.1 Definitions

For the special purposes of this Section 5.62 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
issuance of a special permit for construction of a Revitalization Area “B” development, within
Revitalization Area “B” hereunder. The applicant must own, or be the beneficial owner of, all the
land included in the proposed site, or have authority from the owner(s) to act for him 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 included in the site.

Buffer: An area within the Revitalization “B” Development adjacent to 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
services 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 showing 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 5.62 and
measured as set forth in the State Building Code 780 CMR 101.0 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.e. brick, pavers, etc.) are used in the
construction of walkways, courtyards, patios, etc., allowing such surfaces to be pervious, the
area of these surfaces can be credited toward the open space requirement.

Regulations: The applicable rules and regulations of the Zoning Board relative to special
permits and site plans. The Zoning Board of Appeals, as the Special Permit Granting Authority,
reserves the right to modify and/or waive any and all requirements described in this section.

Upland: Land without a wet area and not subject to flooding.

Wetlands: All land subject to the provisions of Massachusetts General Laws c. 131, ss. 40 and
40A and/or the Town’s Wetlands By-Law.

5.62.2 Scope of Authority

The Revitalization Area “B” is an overlay zoning district. This Section 5.62 shall apply only to
those parcels located entirely within the boundaries of the Revitalization Area “B”.

Source page 43

• If the landowner selects 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 of underlying zoning district, the development shall conform to the
objectives, standards and criteria specified by the underlying zoning district.

5.62.3 Special Permit Granting Authority

The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for
all purposes under Section 5.62 Revitalization Area “B”. All special permit applications shall
conform to the standards and criteria of this Section 5.62 and the Zoning Board of Appeals
Rules and Regulations (“Regulations”) governing the administration of applications for special
permits.

Under Section 5.62 Revitalization Area “B”, 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 Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Article III, Section 3.0 Site Plan Approval and this Section 5.62.

Construction or operations under a building permit or a special permit shall conform to any
subsequent amendment of the Zoning By-Law, unless the use or construction is commenced
within a period of not less than six months after the issuance of the permit and such
construction is continued through to completion as continuously and expeditiously as is
reasonable.

5.62.4 Objectives

In addition to the specific criteria contained within this section, 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 criteria:

I. Adequacy of the site in terms of the size of the proposed use(s);

KK. Suitability of the site for the proposed use(s);

LL. Impact on traffic and pedestrian flow and safety;

MM. Impact on the visual character of the neighborhood;

NN. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and

OO. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section 5.62.

5.62.5 Uses Permitted