Canton, Massachusetts · Saved source text
Canton Town Meeting — 2005 ATM approved article
Saved text from 54 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-16.
Source page 44
Within the Revitalization Area “B”, the Board of Appeals may issue a special permit for the
following uses:
J. Apartment houses or buildings.
PP. Business and Professional offices.
QQ. 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
3. The minimum lot size is 10,000 square feet of lot area. The lot must be a single,
contiguous site within the boundaries of Revitalization Area “B.”
4. No portion of a way or street, as defined by the by-law may be included in
computing the minimum required lot area.
RR. Lot Coverage
No building shall be constructed so as to cover, together with any other building on the
lot, more than thirty (30%) percent of the lot area.
SS. Minimum Lot Frontage and Access
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. No building shall be constructed so as to cover, together with any other building
on the lot, more than thirty percent (30%) of the lot area. There may be no more
than one dwelling unit per 4,000 square feet of lot area..
TT. Two thousand (2,000) gross square feet of non-residential floor area per 10,000 S.F. of
lot area or portion thereof.
UU. Mix of Uses:
5. Building Mixed-Use StandardsSource page 45
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.
W. 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’).
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.Source page 46
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 Area “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.
WW. Non-residential uses shall comply with the parking space requirements of the Zoning By-
Law Section 4.0 Off-Street Parking.
XX. 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.
YY. 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.
ZZ. 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.
AAA. 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.
BBB. 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.
CCC. 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 drivesSource page 47
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
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 betweenSource page 48
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. ADOPTED 125 AYE – 13 NAY, MORE THAN TWO THIRDS
Source page 49
ANNUAL TOWN MEETING
APRIL 27, 2005
SECOND SESSION
ARTICLE 35
PROPOSED AMENDMENT TO ZONING BY-LAW – PRESERVATION AND ENHANCEMENT
OF LANDSCAPE
Article 35 To see if the town will vote to amend the Canton Zoning By-laws by striking
section 5.72.3 Preservation and Enhancement of Landscape to insert the following:
5.72.3 Preservation and Enhancement of Landscape
All development and redevelopment within the Canton Center Economic Opportunity District is
encouraged to exceed the landscaping and screening requirements of the zoning by-law.
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 9, 2005, the Planning Board, by a vote of five members in favor, and no members
opposed, VOTED to recommend the adoption of Article 35 as most recently amended in
substantially the following form:
Section 5.72.3 Preservation and Enhancement of Landscape
All development and redevelopment within the Canton Center Economic Opportunity
District is encouraged to exceed the landscaping and screening requirements of the
zoning by-law.
The vote on this recommendation was 5-0 in favor of adoption of Article 35.
Peter Pineo moved that Article 35 be adopted explaining that this article is a housekeeping
measure to eliminate redundancies and to streamline the design review process. Landscape
standards are already a part of Site Design Review.
Planning Board motion adopted.
ADOPTED UNANIMOUS VOICE VOTESource page 50
ANNUAL TOWN MEETING
APRIL 27, 2005
SECOND SESSION
ARTICLE 36
PROPOSED AMENDMENT TO ZONING BY-LAW – SURFACE AND STRUCTURE PARKING
Article 36 To see if the Town will vote to amend the Zoning By-law, as most recently
amended, by asserting into Section 2.15.2.under C.1 in substantially the following form:
The total number of surface and structure parking shall not exceed the total number of surface
parking allowed in accordance with all requirements of the zoning bylaw allowing applicants to
develop additional open space,
So that now section C.1 reads:
C.1 The applicant has available space on the premises to comply with the otherwise
applicable parking requirements of the by-law and
The total number of surface and structure parking shall not exceed the total number of
surface parking allowed in accordance with all requirements of
The zoning bylaw allowing applicants to develop additional open space.
Copies of which are on file in the office of the Town Clerk, in the office of the Planning
Board, and Board of Selectmen at Memorial Hall, and at the reference desk of the Canton
Public Library, 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
Jeremy Comeau, Planning Board Vice 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 36, by inserting into Section
2.15.2.under C.1 in substantially the following form:
The total number of surface and structure parking shall not exceed the total number of surface
parking allowed in accordance with all requirements of the zoning bylaw allowing applicants to
develop additional open space,
So that now section C.1 reads:
C.1 The applicant has available space on the premises to comply with the otherwise
applicable parking requirements of the by-law and the total number of surface and
structure parking shall not exceed the total number of surface parking allowed in
accordance with all requirements of the zoning bylaw allowing applicants to develop
additional open space.Source page 51
The vote on the recommendation was 5-0 in favor of adoption of Article 36. Mr. Pineo moved that Article 36 be adopted. Jeremy Comeau stated that this change would further clarify the existing by-law to insure the intent of the by-law is meet. Structured parking would be created in a way that increases open space while not exceeding the number of spaces allowed on the ground. Planning Board motion adopted. ADOPTED UNANIMOUS VOICE VOTE
Source page 52
ANNUAL TOWN MEETING
APRIL 27, 2005
SECOND SESSION
ARTICLE 37
PROPOSED AMENDMENT TO ZONING BY-LAW – MAXIMUM BUILDING HEIGHT
Article 37 To see if the Town will vote to amend Section 5.9.7.1 of the Zoning By-law of the
Town, as most recently amended, to delete language that reads “..or three floors whichever is
the lower”, and that the revised section would read:
No building shall be constructed to exceed forty (40) feet. Maximum building
height shall be measured as set forth in the State Building Code 780 CMR.,
copies of which have been placed on file in the Office of the Board of Selectmen, Office of the
Town Clerk, and the Office of the Planning Board at Memorial Hall, and at the reference desk of
the Canton Public Library, or to take any action in relation thereof.
Petition for by Attorney Richard Staiti and nine others
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 37, by inserting into Section 5.9.7.3.1
the following form:
5.9.7.3 Height Regulations
5.9.7.3.1 No building shall be constructed to exceed forty (40) feet or three stories
whichever is the lower. The Planning Board may grant a Special Permit to
construct a hotel with four stories provided applicant demonstrates an increase in
open space as well as an increase in landscaping over that which is required
under the by-law. Maximum building height shall be measured as set forth in the
State Building Code 780 CMR.
The vote on this recommendation was 5-0 in favor of adoption of Article 37.
Planning Board Chairperson Peter Pineo moved the adoption of Article 37 and stated that the
Planning Board believes this by-law, Height Regulations in the Hotel Overlay District, while
increasing the number of floors allowed, would not increase the height of the building. This
would allow an increase in open land and landscaping. This would also allow for the attraction
of a wider range and higher quality of hotel facilities.
Attorney Richard Staiti thanked the Planning Board for their support of this article.
Planning Board motion adopted.
ADOPTED UNANIMOUS VOICE VOTESource page 53
ANNUAL TOWN MEETING
MAY 2, 2005
THIRD SESSION
ARTICLE 42
PROPOSED AMENDMENT TO ZONING MAP – TWO PARCELS OF LAND ON DEDHAM
STREET
Article 42 To see if the Town will vote to amend the Town’s zoning map, as most recently
amended, by changing the designation of two parcels of land at 770 Dedham Street (Assessor’s
Map 73, Lot 03) and 780 Dedham Street (Assessor’s Map 21, Lot 05) from Limited Industrial to
Full Industrial. Said parcels are shown on a plan of land, copies of which have been placed on
file and are available for public review at the office of the Planning Board, at the office of the
Town Clerk and at the office of the Board of Selectmen in Memorial Hall, at the research desk at
the Canton Public Library and on the town website, or to take any other action in relation
thereto.
Petition for by Attorney Paul Schneiders and nine others
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 42 as most recently amended as
follows:
That the Town’s zoning map, as most recently amended, be hereby amended by
changing the zoning designation of two parcels of land at 770 Dedham Street
(Assessor’s Map 73, Lot 3) and 780 Dedham Street (Assessor’s Map 21, Lot 5) from
Limited Industrial to Industrial.
The vote on this recommendation was 5-0 in favor of adoption of Article 42.
Mr. Pineo moved the adoption of Article 42.
This is a citizen-sponsored article. The Planning Board believes this zoning change is
compatible with existing and surrounding property uses.
Paul Schneiders, attorney for the article petitioner Emerald Realty Trust owned by Kevin
Harrington, moved a substitute motion that Article 42 be amended by striking the first sentence
and substituting the following:
That the Town amend the Town’s zoning map, as most recently amended, by changing
the designation of three parcels of land at 770 Dedham Street (Assessor’s Map 33, Lot
3) and 780 Dedham Street (Assessor’s Map 21, Lot 5) and to the centerline of the parcelSource page 54
owned by the Massachusetts Bay Transportation Authority where it abuts the 780
Dedham Street parcel (Assessor’s Map 27, Lot 29) from Limited Industrial to Full
Industrial.
This is an amendment relating to a section of our current Zoning By-law which says that if you
are rezoning a piece of land along a railroad track the rezoning goes to the centerline of the
railroad track. This was omitted in the wording of the original article but felt it should be
incorporated even though it is already stated in the current by-law. Also, the parcel of land at
770 Dedham Street was incorrectly identified as “Assessor’s Map 73”, the correct location is
Map 33.
Amendment adopted.
ADOPTED UNANIMOUS VOICE VOTE
VOTED: That the Town amend the Town’s zoning map, as most recently amended, by
changing the designation of three parcels of land at 770 Dedham Street (Assessor’s Map 33,
Lot 3) and 780 Dedham Street (Assessor’s Map 21, Lot 5) and to the centerline of the parcel
owned by the Massachusetts Bay Transportation Authority where it abuts the 780 Dedham
Street parcel (Assessor’s Map 27, Lot 29) from Limited Industrial to Full Industrial.
ADOPTED UNANIMOUS VOICE VOTESource page 55
ANNUAL TOWN MEETING
APRIL 27, 2005
SECOND SESSION
ARTICLE 44
PROPOSED AMENDMENT TO THE TOWN BY-LAW ARTICLE XVIII – FIRE ALARM
SYSTEMS
Article 44 To insert a new Section 11 (“Municipal Fire Alarm Master Box
Disconnects”)to the current By-law entitled “Fire Alarm Systems” Article XVIII Sections 1
through 10 as follows:
Section 11. Municipal Fire Alarm Master Boxes shall be connected, disconnected, or
reconnected only by the following personnel: (a) licensed electricians, as authorized by the
Canton Fire Chief, may connect, disconnect and/or reconnect municipal fire alarm master
boxes; or (b) the Canton Fire Department may certify electricians, after demonstrating their
ability properly to disconnect and reconnect a municipal master fire alarm box.
or to take any other action in relation thereto.
Board of Selectmen for Fire Chief Thomas J. Ronayne, III
MOVED: That the General By-Laws of the Town be hereby amended by inserting into
Article XVIII, after the existing section 10 (Severability) a new section 11 entitled “Municipal Fire
Alarm Master Box Disconnects” in the form as follows:
Section 11. Municipal Fire Alarm Master Boxes shall be connected, disconnected, or
reconnected only by the following personnel: (a) licensed electricians, as authorized by the
Canton Fire Chief, may connect, disconnect and/or reconnect municipal fire alarm master
boxes; or (b) the Canton Fire Department may certify electricians, after demonstrating their
ability properly to disconnect and reconnect a municipal master fire alarm box.
FINANCE COMMITTEE VOTE: 7-0-0
Finance Committee Chairperson Sepp Bergschneider moved that Article 44 be adopted
as printed in the warrant.
Fire Chief Thomas Ronayne explained that this article proposes to allow the Fire Chief to certify
licensed electricians to perform the function connecting, disconnecting and maintaining
municipal fire alarm boxes, relieving the Fire Department personnel of this duty.
ADOPTED UNANIMOUS VOICE VOTE
*** The Office of the Attorney General disapproved and deleted the portion of text “; or (b) the
Canton Fire Department may certify electricians,” as inconsistent with G.L. c. 141, section 1A.
Therefore, the approved text reads as follows:
Section 11. Municipal Fire Alarm Master Boxes shall be connected, disconnected, or
reconnected only by the following personnel: (a) licensed electricians, as authorized by the
Canton Fire Chief, may connect, disconnect and/or reconnect municipal fire alarm master boxesSource page 56
after demonstrating their ability properly to disconnect and reconnect a municipal master fire
alarm box.
ANNUAL TOWN MEETING
APRIL 27, 2005
SECOND SESSION
ARTICLE 45
PROPOSED AMENDMENT TO THE TOWN BY-LAW ARTICLE XVIII – FIRE ALARM
SYSTEMS
Article 45 To insert a new Section 12 (“Fire Alarm Company and Technicians
Certification Fee”) to the current By-law entitled “Fire Alarm Systems” Article XVIII, to follow
after the New Section 11 referred to in the immediately preceding Article, as follows:
Section 12. Every Fire Alarm Company certified pursuant to Section 11 by the Canton Fire
Department shall be charged a fee to be set by the Canton Fire Chief pursuant to Chapter 40,
Section 22F of the General Laws of the Commonwealth.
or to take any other action in relation thereto.
Board of Selectmen for Fire Chief Thomas J. Ronayne, III
MOVED: That the General By-Laws of the Town be hereby amended by inserting into
Article XVIII, to follow after the new Section 11 a new section 12 entitled “Fire Alarm Company
and Technicians Certification Fee” in the form as follows:
Section 12. Every Fire Alarm Company certified pursuant to Section 11 by the Canton Fire
Department shall be charged a fee to be set by the Canton Fire Chief pursuant to Chapter 40,
Section 22F of the General Laws of the Commonwealth.
FINANCE COMMITTEE VOTE: 7-0-0
Finance Committee Chairperson Sepp Bergschneider moved that Article 45 be adopted as
printed in the warrant.
Related to Article 44, Fire Chief Thomas Ronayne explained that this article would allow the Fire
Chief to establish fees for connecting, disconnecting, and maintaining the municipal fire alarm
boxes.
ADOPTED UNANIMOUS VOICE VOTESource page 57
ANNUAL TOWN MEETING
MAY 2, 2005
THIRD SESSION
ARTICLE 46
PROPOSED AMENDMENT TO TOWN BY-LAW – ARTICLE SUBMISSION DEADLINE
Article 46 To see if the town will vote to amend the General By-Laws of the Town, Article
III, Section 3.1 (Filing of Articles) as most recently amended, by inserting in subsection (a) the
words “not less than” before the one hundred and twentieth (120th) day filing requirement for
zoning articles, and in subsection (b) insert the words “not less than” before the ninetieth (90th)
day filing requirement for all other articles.
or to take any action in relation thereto.
Board of Selectmen
MOVED: That the Town vote to amend the General By-Laws of the Town, Article III,
Section 3.1 (Filing of Articles) as most recently amended, by inserting in subsection (a) the
words “not less than” before the one hundred and twentieth (120th) day filing requirement for
zoning articles, and in subsection (b) insert the words “not less than” before the ninetieth (90th)
day filing requirement for all other articles.
FINANCE COMMITTEE VOTE: 7-0-0
Finance Committee Chairperson Sepp Bergschneider moved that Article 46 be adopted as
printed in the warrant.
This article allows the deadline date for zoning and other articles, established at FY05 Town
Meeting, to be set so that various National Holidays can be taken into account. In establishing
the time frame at the prior Town Meeting consideration was not given to the Christmas holidays.
Changing this wording allows for this and still meets the time frames necessary.
ADOPTED UNANIMOUS VOICE VOTE