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Canton Town Meeting — 2008 ATM
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Source page 41
ANNUAL TOWN MEETING APRIL 28, 2008
AMEND ZONING BY-
LAW BY ADDING " PRIORITY REVITALIZATION AREA C"TO SECTION 5.6
CCEOD BY-
LAW )
Article 17 To see if the Town will vote to amend the Zoning Bylaws as follows, or to take
any other action, relative thereto:
By deleting the four ( 4)unnumbered,
introductory paragraphs that appear before Section
5.
61 and replacing them with the
7) new paragraphs below and adding a new
seven (
Section 5. 63. The aforesaid amendments would be substantially in the form contained in a
draft by- law provision entitled " 5.6 Canton Center Economic Opportunity District By-law,"
copies of which are attached hereto and 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 web site:
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 three separate and distinct sub-districts of Canton Center as follows:
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.
Priority Revitalization
Area "C": That area of Canton Center that runs along Revere Street
from the
boundary of the CCEOD Revitalization Area "A"to the intersection of the railroad
bridge/tracks and Revere Street, a distance of approximately 2, 500 linear feet.
Priority Revitalization Areas " A" and " B" are shown on a map entitled " Canton Center Economic
Opportunity District ( Priority Revitalization Area " A"and Priority Revitalization Area " B") prepared by
the Canton Planning Department and dated December 20, 2004.
Priority Revitalization Area " C"is shown on a map entitled " Canton Center Economic
Opportunity District
Priority Revitalization Area " C")prepared by the Canton Planning Department and dated
December 14, 2007.
The maps described immediately above are hereby incorporated by reference in this Section
5.
6. Section 5.6 is hereby further amended by adding the following New Section:
5.
63 Priority Revitalization Area " C"
The benefits described in this Section 5.
63 shall apply only to those parcels located entirely within the
boundary of the Priority Revitalization Area "C".
Priority Revitalization Area "C"is established for the accomplishment of the following purposes:
41-Source page 42
ANNUAL TOWN MEETING APRIL 28, 2008
A. To promote the economic health and stability of the Town by encouraging development and
economic investment in Canton.
B. To provide additional planning flexibility for projects located in and near Canton Center,
including enhancing the coordination of the project with the environmental and natural features
of the development site, including:
Development of parks and open spaces on Common Open Land as a condition for the
grant of a special permit pursuant to this Section 5.63 authorizing an increase in the
otherwise permissible density of population or intensity of a particular use in a
proposed development to the requirements of this Section 5.63. These parks and open
spaces will be open to the general public.
Protection, enhancement, and adaptive reuse of historical significant buildings as
requested by the Canton Historical Commission and the State Historical Commission.
Protection and enhancement of the natural
environment, including rivers, waterways,
and wildlife corridors as required by the Canton
Conservation Commission, DEP and
NHP. The revitalization plan must be sensitively designed and constructed to avoid the
disruption of wildlife.
Provide public access and walking trails along waterways, connections to the MBTA
train Stations and to Canton Center.
Protection of scenic vistas with advice and input from the Canton Trails Commission.
C. To encourage mixed-use development, including but not limited to, offices, retail shops, and
multi-family housing. No more than forty percent (40%) of the non-residential uses can be
office.
Mixed use development includes:
Small-scale village-oriented development in accordance with prescribed review and
approval procedures and according to design standards that are particular to the
CCEOD Residential Area "C".
Multi-family and/or Town houses, including but not limited to housing for individuals
fifty-five (55)years of age or older pursuant to Massachusetts General Laws c. 1516.
Low and/or moderate income housing available to families with incomes at or below
eighty percent ( 80%) of the Median Income as defined by the United States
Department of Housing and Urban Development.
Senior Housing including Independent Living Facilities, Institutional Living Facilities
Assisted Living and Skilled Nursing Facilities), and ancillary facilities and amenities.
Museums, farmers markets, and cultural establishments, small business incubator
space, artist studio and galleries, open space and river access, community gathering
space, indoor and outdoor performance space.
Office, scientific or research laboratory and research and development uses.
Small scale retail sales and service establishments and restaurants serving primarily the
mixed-use development.
D. To permit the use of new development standards which will promote the desired changes in
and near Canton Center, for example:
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ANNUAL TOWN MEETING APRIL 28, 2008
A mix of commercial and residential uses that help to contain traffic within the
revitalization area and by so doing limit impacts to residential portions of the
community.
To enable the Special Permit Granting Authority ( SPCA) to require adherence to "Site
Development and Use Plans" in the granting of a special permit.
Creates regulatory procedures for determining appropriate locations for uses defined
herein.
To provide for a manner that
development in
strives to create a harmony between
residential and non-residential
neighborhoods, protects existing abutting neighborhoods,
and minimizes the development impact on nearby neighborhoods, while striving to
conserve and enhance environmental features, woodlands, wet areas, the Canton River,
open spaces and areas of scenic views, beauty, and vistas such as, for example, the
Viaduct.
E. Master Plan and Report and Special Permit Findings
In addition to the
requirements of Section 1.23 of the Zoning Bylaw for submission of a special
permit application, the applicant will prepare Master Pland and Impact Plan and Report
addressing the environmental issues, including without limitation water quality, pollution of
groundwater, damage, or threat to wetlands, flood plains, and plants and animals and the
municipal impacts associated with the Project.
The applicant will prepare a Site Plan in conformity with the SPCA rules governing special
permits.
In addition to the specific criteria contained within this section, the SPCA shall issue a special
permit for development within Priority Revitalization Area " C only after consideration of the
project's compliance with the following additional criteria:
1. That proposed project will be in harmony with the general purpose of the Zoning
the
Bylaw and the
requirements of this Section 5. 63, General Laws, Chapter 40A, and the long
range Open Space Plan of the town; that it will not have a detrimental impact on the
neighborhood, will be designed with due consideration for the health and safety, preserving
open space, minimizing environmental disruption, or allowing for more efficient provision of
services and traffic circulation.
2. That the project itself does not have unmitigated adverse impact upon critical
environmental areas such as:
abutting rivers, brooks and/or ponds of significant public interest,
2.1. Land
which enhances protects wetlands or flood plains, or which provide public access to the
or
water body, or which enhance or provide scenic vistas or views, or which provide water-
related recreation opportunities;
2.2 Land which provides a significant wildlife habitat or which is a unique natural
area; and
2.3 Groundwater Protection District and/or land which provides recharge to
Canton' s current or future wells and highly favored aquifer areas;
3. That the "Common Open Land" and other open land protects critical environmental areas
and provides a valuable outdoor recreation resource, such as:
3.1 Common Open Land or open land which is to be developed for active or
passive recreational uses;
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ANNUAL TOWN MEETING APRIL 28, 2008
3.2. Land which preserves existing trail networks or land on which new trails will
be developed for integration into existing and proposed trail networks;
3.3 Land which enhances scenic views; or
3.4. Land providing desirable public access to existing or proposed recreational
or conservation land.
4. That land is to be conveyed to, or restricted for the benefit of the Town of Canton
4.1 Enhances or protects critical environmental areas, unique natural features,
scenic vistas, or potential open space.
4.2 Provides a valuable addition to the open space resources of the Town.
4.3 Provides for a more efficient use of the land in harmony with its natural
features.
4.4 Provides for creativity in the design of developments through a carefully
controlled process
4.5 Provides a less sprawling form of development, a shorter network of streets
and utilities and more economic development of land with less consumption of open space.
4.6 Permanently preserves natural topography and wooded areas within
development areas and preserves useable open space close to homes.
4.7 Provides an efficient procedure to ensure appropriate high quality design
and site planning to enhance the neighborhoods in which they occur and to the Town as a
whole.
5. That the design or redesign of buildings shall acknowledge and respect the surrounding
existing pattern of development, open space, and natural resources, such as, for example,
the Canton River and the Viaduct, including without limitation:
5.1 Promoting the thoughtful design or redesign of buildings.
5.2 Enhancing the open space between existing and proposed buildings.
5.3 Promoting the visual and functional quality of Canton Center
5.4 Promoting bicycles and pedestrian trails.
5.5 Providing pedestrian links to Canton Center and the existing MBTA train
stations ( Canton Junction and Canton Center)
6. That the Project protects or enhances the adaptive reuse of historically significant
buildings as agreed by the Canton Historical Commission and/or the State Historical
Commission.
63. Definitions
5.
2
For the purposes of this Section 63, the following
5. words and phrases shall have the meaning
hereinafter indicated:
Applicant: The person or persons, including without limitation a corporation or other legal
entity, who applies for issuance of a special permit for construction of a CCEOD
Revitalization Area "C"project, hereunder.
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ANNUAL TOWN MEETING APRIL 28, 2008
Buffer Area: An area within CCEOD Revitalization
Area " C" adjacent to the boundaries,
streams, rivers, ponds, developed except in accordance
which may not be with the
Massachusetts Wetlands Protection Act and its implementing regulations ( MGL Chapter 131,
Sections 40 and 40A, and 310 CMR 10.00) and other requirements herein.
Building Height: Building height shall be measured as set forth in this section 5.
63 and
measured as set forth in the State Building Code 780 CMR 101.0 et seq. Height shall be
subject to the provisions of Section 4.
242. of the By-
Law.
Buildable Lot Area: Buildable Lot Area excludes any land defined as a " Resource Area" under
the Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40 and 40A).
Buildable Lot: A "Buildable Lot" shall be a single continuous tract of `buildable lot area' land
located entirely within the Development Parcel and CCEOD Priority Revitalization Area `C'.
Common Open Land: Any area of land containing no building, structure, parking areas,
driveways or roadways other than those structures and/or facilities which are used for
recreational and/or public use.
Community Center: A building that provides a gathering place for all residents of the
development and citizens of the town to meet. There should be a meeting space and rooms for
different activities.
Development Parcel: One or more lots within the CCEOD Priority Revitalization Area ` C"
which are designated as a Development Parcel on a Site Development and Use plan. The lots
comprising a Development Parcel need not be in the same ownership. Where the Development
Parcel consists of more than a single lot, the lots, in combination, shall be treated as the
Development Parcel, may be contiguous or non- contiguous, and shall be considered one
Development Parcel" for the purposes of this Section 5. 63.
Development A schedule
Schedule: showing the order and timing of construction and the
sequence improvements to be built or finished in the CCEOD Priority Revitalization Area
of the
site, separated into stages where applicable.
C"
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space
and space used for heating and utilities, storage and/or automobile parking.
Professional Office: The office of one skilled in an occupation that primarily services clients
or patients rather than customers
including, but not limited
lawyer, doctor, to, the office of a
dentist, architect, engineer, landscape architect, real estate agent, insurance agent, or the
studio of an artist, musician, teacher, or the workroom of a dressmaker, milliner, or
photographer in which retail sales are incidental to office use.
Lot: A "Lot" shall be a single continuous tract of land located entirely within the Development
Parcel and CCEOD Priority Revitalization Area `C'.
Project: A residential, commercial or mixed-use development seeking a special permit under
this Section 63 and
5. identified on a Site Development and Use Plan.
Mixed-Use Development: A development that contains both residential and non-residential
development.
Regulations: The
applicable rules and regulations of the Board of Appeals relative to Special
Permits. The
Zoning Board of Appeals, as the Special Permit Granting Authority is authorized
to modify and/or waive any of the requirements described in this section with the exception of
those relative to use and dimensions upon making a finding that such waiver shall better serve
the purposes of this Section 5.
63.
Research & Development: A company that conducts research and development.
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ANNUAL TOWN MEETING APRIL 28, 2008
Revere Street Sub-Area: Assessors Map 26 Lot 111 of Priority Revitalization Area ` C' as
shown on the Area C Map as the Revere Street Sub-Area.
Small-Scale Retail: Retail stores with a gross floor area of 10,000 s.f.or less.
Upland Acres: Land area without a "Resource Area".
Resource Area: All land subject to the provisions of MGL Chapter 131, Section 40 and 40A.
All items not defined herein shall have the meanings ascribed to them elsewhere in the Zoning Bylaws.
363. Scope of
5. Authority
The provisions of this Section 5.63 shall not restrict the owner' s rights relative to the underlying zoning
districts.
However, if the owner elects to apply for a special permit under Revitalization Area " C',the
development shall conform to the requirements of any special permit issued pursuant to this Section
5.
63.
If the landowner elects development plan in conformance
to "use" a with the requirements of the
CCEOD Revitalization Area " C"on a
portion of a single contiguous tract of land the entire contiguous
tract of land shall conform to the objectives, standards, and criteria specified by this Section 5. 63 and
the landowner shall be prohibited from filing a development plan in conformance with the
requirements of the underlying zoning district on any portion of such a contiguous tract of land.
5.
463. Special Permit Granting Authority
The Zoning Board of Appeals is
hereby designated as the Special Permit Granting Authority ( SPCA) for
all purposes under this Section 63. All
special permit applications shall conform to the standards and
5.
criteria of this Section and the Zoning Board of Appeals Rules and Regulations governing the
administration of applications for special permits.
Under this Section
5.63, 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 Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval shall be in accordance with Article III Section 3.0 Site Plan
Approvals.
Construction operations under a building permit or a special permit shall conform to any subsequent
or
amendment of the
Zoning By-law, unless the use or construction is commenced within a period of not
less than two ( 2)years after the issuance of the permit and such construction is continued through to
completion as continuously and expeditiously as is reasonable.
The SPCA require issuance of a bond as a guarantee for the open
may space and recreation
improvements required by the approved " Site Development and Use Plan".
5.
563. Objectives
In addition to the specific criteria contained within this section, the SPCA shall issue a special permit
for development within Revitalization Area " C" only after consideration of the project's compliance with
the following additional criteria:
A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/or
its association with adjacent or proximate open space areas;
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ANNUAL TOWN MEETING APRIL 28, 2008
C. Suitability of the site for the proposed use(s);
D. Impact on trafFic and pedestrian flow and safety;
E. Impact on the visual character of the neighborhood; and
F. Adequacy of utilities, including sewage disposal, water supply and storm water drainage.
5.
663. Uses Permitted
Within Priority Revitalization Area ' C' the SPCA may issue a special permit for the following
uses:
A. Residential
1. At least twelve ( 12) percent of the total residential units must be low or
moderate income housing as defined pursuant to Massachusetts
General Laws Chapter 40B Sections 20-23 and the regulations
promulgated there under.
2. No units may be built beyond the limits specified below:
2.1 One bedroom maximum size 1, 000 s.f.
2.2 Two bedroom maximum size 200 s.f.
1,
2.
3Three bedroom maximum size 1,400 s.f.
3. Multi-family dwelling consisting solely of residential condominiums
units.
4.1 No more than fifty ( 50) percent may be more than one
bedroom units.
4. Senior Housing including Independent Living Facilities, Institutional
Living Facilities ( Assisted Living and Skilled Nursing Facilities), and
ancillary facilities and amenities.
B. Non-Residential Uses shall include, but not necessarily be
limited to the following:
1. Small-scale retail stores as defined in 263. Definitions.
5.
2. Offices including salesrooms and showrooms, consumer
service establishments, business and professional offices,
executive and administrative offices, banks and other
institutions.
3. Professional office as defined in 263. Definitions.
5.
4. A restaurant with the conditions that any bar or cocktail
lounge be located within the restaurant
solely for and shall be
the purpose of servicing luncheon or dinner customers; and
not to compromise more than twenty-five percent (25%) of
the floor area of the restaurant .
5. Bank or similar financial institution, including drive-through
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ANNUAL TOWN MEETING APRIL 28, 2008
facilities.
6. Research & Development as defined in 263. Definitions
5.
7. Accessory structured ( whether at, below or above grade)
surface parking.
C. The following uses are specifically excluded:
1. Fast food establishments as defined in Section 15. of the
1.
19 Canton
Zoning By-laws
2. Drive-through for the sale of food. Any other drive-through, with the
exception of banks and financial institutions noted above, shall require
a separate special permit from the Zoning Board in addition to the
special permit for the CCEOD Revitalization Area "C".
D. There shall be no deliveries or shipments between 10 pm and 7:00 a. m. Monday through
Friday. There shall be no deliveries or shipments between 10 pm and 8:00 a.
m. on weekends.
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.
763. Standards and Criteria
A. Minimum Development Size
1. Lot Requirements
1.1 The minimum lot must contain at least 100,000 s.f. of
Buildable Lot Area
1.2 The ` lot' must contain the ' Buildable Lot Area' in a single,
contiguous site within the Development Parcel Priority
Revitalizaiton Area `C'
1.3 No
portion of a public way or public street, as defined by the
by-law may be included in computing the minimum required
Buildable Lot Area"
2. Development Parcel Requirements
2.1 The minimum development parcel size is twenty-eight (28) acres
of `Buildable Lot Area
2.2 No portion of a public way or public street, as defined by the
by-law may be included in computing the minimum required
Buildable Lot Area
B. Building Coverage
1. Buildable Lot Requirements
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ANNUAL TOWN MEETING APRIL 28, 2008
No building shall be constructed so as to cover, together with any
other building on the lot, more than twenty-seven (27) percent of
the Buildable Lot Area.
2.Development Parcel Requirements
No building shall be constructed so as to cover, together with any
other building on the Development Parcel, more than thirty (30)
percent of the Buildable Lot Area.
C. Minimum Frontage and Access
1. Buildable Lot Requirements
1.1 Each Lot shall have at least one means of ingress/egress.
1.2 The Zoning Appeals may in its discretion
Board of require
more than of ingress/egress where the Board of
one means
Appeals deems it necessary for the safety of the public
and/or the residents of the property.
2. Development Parcel Requirements
2.1 Each Development Parcel shall have a minimum frontage on a
street of two hundred and fifty (250) feet and at least two
means of ingress/egress.
2.2 Each means of ingress/egress shall have a continuous
frontage of not less than sixty feet
5.
863. 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. Further, the intent of the allowable densities in this Section 5.
8 63. is to provide flexibility for
Projects. The specified densities are maximums for each individual type of use as if only that use is being
proposed. Where a project includes a mix of uses, the maximum specified densities cannot be
aggregated.
The use shall me a "mixed use," which is defined as a use which utilizes a minimum of eighty-five (85%)
Percent and a maximum of ninety (90%) percent of the total development as residential and a minimum
of ten (10%)
percent and a maximum of fifteen ( 15%) percent as non-residential use.
A. Residential Uses
Maximum permissible densities are as follows:
Multi-family housing and ancillary facilities and amenities:
49-Source page 50
ANNUAL TOWN MEETING APRIL 28, 2008
One dwelling per 2,
500 square feet of "Buildable Lot Area" or portion thereof, except in the
Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit per 3, 500 square
feet of Buildable Lot Area or portion thereof.
Multi-family housing and ancillary facilities and amenities, limited to housing for individuals fifty-five
55)years of age or older pursuant to Massachusetts General Laws c. 1518.
One dwelling per 3,
100 square feet of "Buildable Lot Area" or portion thereof, except in the
Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit per 3,500 square
feet of Buildable Lot Area or portion thereof.
Senior Housing including Independent Living Facilities, Institutional Living Facilities ( Assisted Living and
Skilled Nursing Facilities), and ancillary facilities and amenities,
One unit per 3, 100 square feet of "Buildable Lot Area" or portion thereof,
except in the Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit per
3,500 square feet of Buildable Lot Area or portion thereof.
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand ( 2,
000) gross square feet of non-residential floor area per 10,000 square feet. 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.
63. Setbacks
5.
9 and Yard Regulations for Buildings
No building shall be constructed so as to be nearer to the any lot line as specified below:
A. Development Parcel
1. Each development parcel shall have a front yard setback distance of not less than
sixty (60) feet and a side yard setback of not less than twenty-five (25) feet from
the nearest point of any exterior wall of a building, except that if the side yard abuts
a residential district or a building used primarily for residential purpose, a side yard
setback of not less than thirty-five (35) feet from the nearest point of any exterior
wall of the building is required..
2. Each development parcel shall have a rear yard setback of not less than twenty-five
25) feet.
B. Buildable Lot
Each buildable lot shall have a setback distance of not less than fifteen ( 15) feet from the
nearest point of any exterior wall of the building to any non-permeable surface including but
not limited to public ways, private ways, and driveways. No part of any building shall be
50-Source page 51
ANNUAL TOWN MEETING APRIL 28, 2008
located less than fifteen ( 15) feet from any front, side or rear lot line.
a. The SPCA may reduce the setback distance where appropriate because of
specific physical circumstances, such as irregular lot lines or other natural
features that create open space or buffers.
b. No storage or display of goods, products, materials or equipment, vending
machines or similar commercial devices shall be within therequired front or
side yard setback.
c. 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.
10
63. Height Regulations
No building shall be constructed to exceed forty feet ( 40')in height or ,a total of three ( 3) stories,
whichever is lower. However, if the underlying zone is `Industrial" the SPCA may allow additional height
with a greater setback at its discretion but in no event shall Building Height exceed 50 feet or four ( 4)
stories.
Building height shall be measured as set forth in the State Building Code 780 CMR 5101 et seq.
5.
11
63. Common Open Land, Town Park and Community Building
Town Park:
Each development shall have minimum
of thirty percent (30%)
a of its "Buildable Lot Area" designated
as Common Open Land for use by the
general public. Such area(s)shall have a shape, dimension,
character and location suitable to assure its use for park or open space purposes by the general public.
Twenty percent (20%) of the land shall be considered as a Town Park. The park will have walkways
connecting it to both the development as well as the downtown. There will also be ` public parking'
allocated for the park. The minimum size of the park will be 80, 000 s.f.
No land to be included as part of the calculation of Common Open Land, shall be a parcel less than 200
square feet in size.
Transition Area:
A "Transition Area" of
twenty-five 25 feet or a screen wall of adequate height shall be provided at the
perimeter of the
Development Parcel. The applicant shall file a landscape plan, prepared by a
Massachusetts Registered Landscape Architect, that demonstrates in the opinion of the Zoning Board of
Appeals sufficient plantings to provide adequate screening. ' Buildable Lot Areas' that are also
designated as `Transition Areas' shall be included in the calculation of "Common Open Land".
The SPCA may reduce the width of the required " Transition Area" and modify other landscape
requirements where the applicant demonstrates that suitable screening will be provided by other means
such as fencing or topography, and that such reduction will not have material adverse impact on the
surrounding neighborhood.
Community Center:
As part of a Site Development and Use Plan, there shall Community Center' for use by the occupants
a `
of the development and be open to the public. The size of the community center is directly linked to the
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ANNUAL TOWN MEETING APRIL 28, 2008
number of bedrooms/units in the development. The community center shall be 25 square feet for every
bedroom that is built, but not to exceed 15,
000 s.f.
5.
12
63. Parking and Loading Requirements
In Priority Revitalization Area "C',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:
A. For dwelling units 1.5 parking space per each dwelling unit, except for Senior Housing units
which
require 1 parking space per unit.
B. For restaurants and other
premises eating and drinking establishments, not less than one (1)
on
parking space for each three ( 3)seats,
plus one(1)parking space for every three ( 3)employees
on the largest shift.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.
C. 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 heating and
utilities, storage or for automobile parking.
D. Uses not listed in this Section 5.
12
63. Parking Requirements, Subsections ( A), B) ( and ( C)
shallcomply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street
Parking.
E. In the case of mixed use projects, 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 of Appeals that the need
for parking occurs at different times.
F. Whenever, after the date of adoption of this By-law, there is a change in the lawful use of the
premises or in anY unit of measurement specified in Section 5.63 CCEOD Revitalization Area " C",
which change separately or when combined with previous changes, creates a need for an increase
or decrease of more than ten percent (10%) of the number of off-street parking spaces as
determined by the provisions of this section, more off-street parking spaces shall, and fewer
spaces may, respectively be provided within six months of the basis of the adjusted needs.
G. 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 must be within three hundred ( 300) feet of
the generator.
H. Off-streetparking 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
52-Source page 53
ANNUAL TOWN MEETING APRIL 28, 2008
Design Standards shall be considered the minimum criteria for evaluating such design.
I. In addition to the requirements 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 of 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.
6 06. Loading Areas shall be considered the minimum criteria for evaluating such design.
J. There shall be no deliveries or shipments to non-residential uses between 10:00 m. and
p. 7:
00
a.
m. Monday through Sunday or between 10:00 m. and
p. 8:
00 a.
m. Saturday and Sunday.
63. Signs and
5.
13 Advertising Devices
The provisions of Section 4.1 Signs and Advertising devices is hereby adopted for the regulation and
restriction of billboards, signs and other advertising devices within the Canton Center Economic
Opportunity District Revitalization Area "C".
5.
14
63. Certified Acoustical Barriers
No activity or use shall be allowed which causes exterior noise levels to exceed allay-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 allay-night average sound level of 65 decibels ( 65 L dn);and no dwelling unit shall be
constructed which allows interior noise levels to exceed allay-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:OOAM to 7: OOPM. 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 51Environmental Criteria and Standards ( 24 CFR 51).
63. Affordable
5.
15 Units
As a condition for the grant of a special permit pursuant to this Section 5.63 authorizing an increase in
the otherwise permissible density in a proposed residential development pursuant to the requirements of
this Section 5. 63, at least twelve ( 12%) of the dwelling units shall be deed restricted in perpetuity for
occupancy by families with incomes at or below eighty percent (80%) of the Area Median Income as
defined by the United States Department of Housing and Urban Development.
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
63. Preference
5.
16
As a condition of approval, the SPCA 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.
The fees for all services will be negotiated between the Authority and the Developer, within the CCEOD
Development.
5.
17
63. Canton Housing Authority
For those housing units specified as affordable, the SPCA shall require that, to the maximum
extent allowable under applicable law, the owner of a CCEOD Development will work with the
Canton Housing Authority so that otherwise qualified families on the Housing Authority's
waiting list be given an opportunity to rent or buy a vacant unit.
5.
18
63. Assurance of Impact Mitigations
53-Source page 54
ANNUAL TOWN MEETING APRIL 28, 2008
Since approval of an Area Master Plan pursuant to this Section 5.63 authorizes substantial increases in
permissible densities of population and/or employment intensity of uses in a development, a condition of
the special permit for the Area Master Plan shall be that the project shall mitigate some or all of the
impacts of those density increases, including, without limitation, impacts on water and sewer utilities,
and off-site traffic circulation facilities and schools through grants and incentives obtained from other
agencies or contributions at the expense of the Applicant.
Board of Selectmen for the Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Planning Board.
VOTE: 9-
00-
PLANNING BOARD MOTION:
MOVED: To amend the Zoning Bylaws, as most recently amended, as follows:
by deleting the four ( 4)unnumbered, introductory paragraphs that appear before Section
5.61 and replacing them with the seven (7)new paragraphs below and adding the following
new Section 5.
63.
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 three separate and distinct sub-districts of Canton Center
as follows:
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 " 6":
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.
Priority Revitalization
Area " C": That area of Canton Center that runs along Revere Street
from the
boundary of the CCEOD Revitalization Area " A"to the intersection of the railroad
bridge/tracks and Revere Street, a distance of approximately 2, 5 00 linear feet.
Priority Revitalization Areas " A" and " B" are shown on a map entitled " Canton Center
Economic Opportunity District ( Priority Revitalization Area " A"and Priority Revitalization
Area " B")
prepared by the Canton Planning Department and dated December 20, 2004.
Priority Revitalization Area " C" is shown on a map entitled " Canton Center Economic
Opportunity District ( Priority Revitalization Area " C")
prepared by the Canton Planning
Departmental dated December 14, 2007.
The maps described immediately above are hereby incorporated by reference in this Section
5.
6. Section 5.6 is hereby further amended by adding the following New Section:
5.
63 Priority Revitalization Area "C"
The benefits described in this Section 63 shall
5. apply only to those parcels located entirely
54-Source page 55
ANNUAL TOWN MEETING APRIL 28, 2008
within the boundary of the Priority Revitalization Area "C"
Priority Revitalization Area " C" 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 Canton.
B. To provide additional planning flexibility for projects located in and near Canton Center,
including enhancing the coordination of the project with the environmental and natural
features of the development site, including:
Development of parks and open spaces on Common Open Land as a condition for the
grant of
a special permit pursuant to this Section 5.63 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. 63, These parks and open
spaces will be open to the general public.
Protection, enhancement, and adaptive reuse of historical significant buildings as
requested by the Canton Historical Commission and the State Historical Commission.
Protection and enhancement of the natural environment, including rivers,
waterways, and wildlife corridors required by the Canton Conservation
as Commission, DEP
and NHP. The revitalization plan must be sensitively designed and constructed to avoid the
disruption of wildlife.
Provide public access and walking trails along waterways, connections to the MBTA
train stations and to Canton Center.
Protection of scenic vistas with advice and input from the Canton Trails Commission.
C. To encourage mixed-use
development, including but not limited to, offices, retail shops,
and housing. No more than forty percent (40%)
multi-family of the non-residential uses
can be office. Mixed use development includes:
Small-scale village-oriented development in accordance with prescribed review and
approval procedures and according to design standards that are particular to the CCEOD
Residential Area "C".
Multi-family and/or Town houses, including but not limited to housing for individuals
fifty-five (55)years of age or older pursuant to Massachusetts General Laws c. 1516,
Low and/or moderate income housing available to families with incomes at or below
eighty percent ( 80%) of the Area Median Income as defined by the United States
Department of Housing and Urban Development.
Senior Housing including Independent Living Facilities, Institutional Living Facilities
Assisted Living and Skilled Nursing Facilities), and ancillary facilities and amenities.
Museums, farmers markets, and cultural establishments, small business incubator
space, artist studios and galleries, open space and river access, community gathering
space, indoor and outdoor performance space.
Office, scientific or research laboratory and research and development uses.
Small scale retail sales and service establishments and restaurants serving primarily
the mixed-use development.
D. To permit the use of new development standards which will promote the desired changes
in and near Canton Center, for example:
To encourage a mix of commercial and residential uses that help to contain traffic
within the revitalization area and by so doing limit impacts to residential portions of the
55-Source page 56
ANNUAL TOWN MEETING APRIL 28, 2008
community.
To enable the Special Permit Granting Authority ( SPGA) to require adherence to
Site Development and Use Plans" in the granting of a special permit.
To create regulatory procedures for determining appropriate locations for uses
defined herein.
To provide for
development in a manner that strives to create a harmony between
residential and non-residential
neighborhoods, protects existing abutting neighborhoods,
and minimizes the development impact on nearby neighborhoods, while striving to
conserve and enhance environmental features, woodlands, wet areas, the Canton River,
open spaces and areas of scenic views, beauty, and vistas such as, for example, the
Viaduct.
E. MASTER PLAN AND REPORT AND SPECIAL PERMIT FINDINGS
In addition to the requirements of Section 1.23 of the Zoning Bylaw for submission of a
special permit application, the applicant will prepare Master Plan and Impact Plan and
Report addressing the environmental issues, including without limitation water quality,
pollution of groundwater, damage, or threat to wetlands, flood plains, and plants and
animals and the municipal impacts associated with the Project.
The applicant will prepare a Site Plan in conformity with the SPGA rules governing special
permits.
In addition to thespecific criteria contained within this section, the SPGA shall issue a
special permit for development within Priority Revitalization Area ~~C" only after
consideration of the project's compliance with the following additional criteria:
1. That the
proposed project will be in harmony with the general purpose of the Zoning
Bylaw and the
requirements of this Section 5. 63, General Laws, Chapter 40A, and the long
range Open Space Plan of the town; that it will not have a detrimental impact on the
neighborhood, will be designed with due consideration for health and safety, preserving
open space, minimizing environmental disruption, or allowing for more efficient provision of
services and traffic circulation.
2. That the project itself does not have unmitigated adverse impact upon critical
environmental areas such as:
2.1 Land
abutting rivers, brooks and/or ponds of significant public interest, which
enhances protects wetlands or flood plains, or which provide public access to the water
or
body, or which enhance or provide scenic vistas or views, or which provide water-related
recreation opportunities;
2.2 Land which provides a significant wildlife habitat or which is a unique natural area;
and
2.3 Groundwater Protection District and/or land which provides recharge to Canton' s
current or future wells and highly favored aquifer areas;
3. That the " Common Open Land" and other open land protects critical environmental
areas and provides a valuable outdoor recreation resource, such as:
3.1 Common Open Land or open land which is to be developed for active or passive
recreational uses;
3.2 Land which preserves existing trail networks or land on which new trails will be
developed for integration into existing and proposed trail networks;
3.3 Land which enhances scenic views; or
3.4 Land providing desirable public access to existing or proposed recreational or
56-Source page 57
ANNUAL TOWN MEETING APRIL 28, 2008
conservation land.
4. That land is to be conveyed to, or restricted for the benefit of the public that:
4.1 Enhances or protects critical environmental areas, unique natural features, scenic
vistas, or potential open space.
4.2 Provides a valuable addition to the open space resources of the Town.
4.3 Provides for a more efficient use of the land in harmony with its natural features.
4.4 Provides for creativity in the design of developments through a carefully controlled
process
4.5 Provides a less sprawling form of development, a shorter network of streets and
utilities and more economic development of land with less consumption of open space.
4.6 Permanently preserves natural topography and wooded areas within development
areas and preserves useable open space close to homes.
4.7 Provides an efficient procedure to ensure appropriate high quality design and site
planning to enhance the neighborhoods in which they occur and to the Town as a whole.
5. That the
design or redesign of buildings shall acknowledge and respect the
surrounding existing pattern of development, open space, and natural resources, such as,
for example, the Canton River and the Viaduct, including without limitation:
5.1 Promoting the thoughtful design or redesign of buildings.
5.2 Enhancing the open space between existing and proposed buildings.
5.3 Promoting the visual and functional quality of Canton Center.
5.4 Promoting bicycles and pedestrian trails.
5.5 Providing pedestrian links to Canton Center and the existing META train stations
Canton Junction and Canton Center).
6. That the Project protects or enhances the adaptive reuse of historically significant
buildings as agreed to by the Canton Historical Commission and/or the State Historical
Commission.
5.
263. Definitions
For the purposes of this Section 63, the
5. following words and phrases shall have the
meaning hereinafter indicated:
Applicant: The person or persons, including without limitation a corporation or other legal
entity, who applies for issuance of a special permit for construction of a CCEOD
Revitalization Area " C"project, hereunder.
Buffer Area: An area within the Revitalization
Area " C"adjacent to the boundaries,
CCEOD
streams, rivers, ponds, which
developed may not be
except in accordance with the
Massachusetts Wetlands Protection Act and its implementing regulations ( MGL Chapter
131, Sections 40 and 40A, and 310 CMR 10.00) and other requirements herein.
Building Height: Building height shall be measured as set forth in this section 5.
63 and
measured as set forth in the State Building Code 780 CMR 101.0 et seq. Height shall be
57-Source page 58
ANNUAL TOWN MEETING APRIL 28, 2008
subject to the provisions of Section 4.
242. of the By-
Law.
Buildable Lot Area: Buildable Lot Area excludes any land defined as a Resource Area below.
Buildable Lot: A "Buildable Lot" shall be a single continuous tract of land including at least
the minimum amount of Buildable Lot Area required herein and located entirely within the
Development Parcel and CCEOD Priority Revitalization Area "C".
Common Open Land: Any area of land containing no building, structure, parking areas,
driveways or roadways other than those structures and/or facilities which are used for
recreational and/or public use.
Community Center: A building that provides a gathering place for all residents of the
development and citizens of the town to meet. There should be a meeting space and rooms
for different activities.
Development Parcel: One or more Lots within the CCEOD Priority Revitalization Area " C"
which are designated as a Development Parcel on a Site Development and Use Plan. The
Lots comprising a Development Parcel need not be in the same ownership. Where the
Development Parcel consists of more than a single Lot, the Lots, in combination, shall be
treated as the Development Parcel, may be contiguous or non- contiguous, and shall be
considered one 'Development Parcel" for the purposes of this Section 5. 63.
Development A schedule
Schedule: showing the order and timing of construction and the
sequence of the
improvements to be built or finished in the CCEOD Priority Revitalization
Area " C"site, separated into stages where applicable.
Gross Floor Area: Total floor area contained within exterior walls, excluding basement
space and spaces used for heating and utilities, storage and/or automobile parking.
Lot: A " Lot" shall be a single continuous tract of land located entirely within the
Development Parcel and CCEOD Priority Revitalization Area "C".
Low and/or Moderate Income Housing: Housing available to families with incomes at or
below eighty percent (80%) of the Area Median Income as defined by the United States
Department of Housing and Urban Development.
Mixed-Use Development: A development that contains both residential and non-residential
development.
Professional Office: The office of one skilled in an occupation that primarily services clients
or patients rather than customers including, but not limited to, the office of a lawyer,
doctor, dentist, architect, engineer, landscape architect, real estate agent, insurance agent,
or the studio of an artist, musician, teacher, or the workroom of a dressmaker, milliner, or
photographer in which retail sales are incidental to office use.
Project: A residential, commercial or mixed-use development seeking a special permit
under this Section 5.
63 and identified on a Site Development and Use Plan.
Regulations: The
applicable rules and regulations of the Board of Appeals relative to Special
Permits. The
Zoning Board of Appeals, as the Special Permit Granting Authority is
authorized to modify and/or waive any of the requirements described in this section with
the exception of those relative to use and dimensions upon making a finding that such
waiver shall better serve the purposes of this Section 5.
63.
Research & Development: A company that conducts research and development.
Resource Area: All land subject to jurisdiction under 310 CMR 02(and ( b).
10.
1)(
a)
58-Source page 59
ANNUAL TOWN MEETING APRIL 28, 2008
Revere Street Sub-Area: Assessors Map 26 Lot 111 of Priority Revitalization Area "C"
Small-Scale Retail: Retail stores with a gross floor area of 10,000 s.f.or less. Upland Acres:
Land area without a "Resource Area".
All items not defined herein shall have the meanings ascribed to them elsewhere in the
Zoning Bylaws.
5.
363. Scope of Authority
The provisions of this Section 5.63 shall not restrict the owner' s rights relative to the
underlying zoning districts. However, if the owner elects to apply for a special permit under
Revitalization Area " C',the development shall conform to the requirements of any special
permit issued pursuant to this Section 5.63.
If the landowner elects development plan in conformance
to "use" a with the requirements
of the CCEOD Revitalization Area " C" on a
portion of a single contiguous tract of land the
entire contiguous tract of land shall conform to the objectives, standards, and criteria
specified by this Section 5.63 and the landowner shall be prohibited from filing a
development plan in conformance with the requirements of the underlying zoning district
on any portion of such a contiguous tract of land.
5.
463. Special Permit Granting Authority
TheZoning Board of Appeals is hereby designated as the Special Granting Authority Permit
SPCA) for all purposes under this Section 5.63. All special permit applications shall
conform to the standards and criteria of this Section 5.63 and the Zoning Board of Appeals
Rules and Regulations governing the administration of applications for special permits.
Under this Section
5. 63, no building shall be constructed or externally enlarged, and no use
shall be in
expanded ground area, or established in an existing building except in
conformity with a Site Development and Use Plan that bears the endorsement of approval
by the Board of Appeals. Requirements and Procedures for approval shall be in accordance
with Article III Section 3.0 Site Plan Approvals.
Construction or operations under
building permit or a special permit shall conform to any
a
subsequent amendment of the
Zoning By-law, unless the use or construction is commenced
within a period of not less than two ( 2)years after the issuance of the permit and such
construction is continued through to completion as continuously and expeditiously as is
reasonable.
The SPGA may require issuance of a bond as a guarantee for the open space and recreation
improvements required by the approved " Site Development and Use Plan".
5.
563. Objectives
In addition to the specific criteria contained within this section, the SPGA shall issue a
special permit for development within Revitalization Area " C" only after consideration of
the project's compliance with the following additional criteria:
A. Adequacy of the site in terms of the size of the proposed use(s);
B. Adequacy of the provision of open space, its accessibility to the general public, and/or its
association with adjacent or proximate open space areas;
C. Suitability of the site for the proposed use(s);
D. Impact on traffic and pedestrian flow and safety;
59-Source page 60
ANNUAL TOWN MEETING APRIL 28, 2008
E . Impact on the visual character of the neighborhood; and
F. Adequacy of utilities, including sewage disposal, water supply and storm water drainage.
63. Uses
5.
6 Permitted
Within Priority Revitalization the
Area " C", SPGA may issue a special permit for the
following uses:
A. RESIDENTIAL UNITS
1. At least twelve ( 12) percent of the total residential units must be Low and/or
Moderate Income Housing. These units must representative of the proportion of one, two &
three bedroom units of the entire development. These units do not need to be equal in
square footage to the non-restricted units.
2. No units may be built beyond the limits specified below:
2.1 One bedroom maximum size 000 s.f.
1,
2.2 Two bedroom maximum size 200 s.f.
1,
2.3 Three bedroom maximum size 400 s.f.
1,
3. A minimum of (50)percent may be one (1)bedroom units.
4. No more than five ( 5)percent may be three ( 3)bedroom units.
5. Senior Housing including Independent Living Facilities, Institutional Living Facilities
Assisted Living and Skilled Nursing Facilities),and ancillary facilities and amenities.
B. NON-RESIDENTIAL USES SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO
THE FOLLOWING:
1. Small-scale retail stores as defined in 263. Definitions.
5.
2. Offices including salesrooms and showrooms, consumer service establishments,
business and professional offices, executive and administrative offices, banks and other
institutions.
3. Professional office as defined in 263. Definitions.
5.
4. A restaurant with the conditions that any bar or cocktail lounge be located within the
restaurant and shall be solely for the purpose of servicing luncheon or dinner customers;
and not to compromise more than twenty-five percent (25%) of the floor area of the
restaurant.
5. Bank or similar financial institution, including drive-through facilities.
6. Research & Development as defined in 2
5.
63. Definitions
7. Accessory structured ( whether at, below or above grade) surface parking.
C. THE FOLLOWING USES ARE SPECIFICALLY EXCLUDED:
1. Fast food establishments as defined in Section 15. of the Canton
1.
19 Zoning By-laws
2. Drive-through for the sale of food. Any other drive-through, with the exception of
banks and financial institutions noted above, shall require a separate special permit from
the Zoning Board in addition to the special permit for the CCEOD Revitalization Area " C".
D. There shall be no deliveries or shipments between 10 pm and 7:
00 a.
m. Monday
60-Source page 61
ANNUAL TOWN MEETING APRIL 28, 2008
through Friday. There shall be no deliveries or shipments between 10 pm and 8:
00 a.
m. on
weekends.
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.
63. Standards
5.
7 and Criteria
A MINIMUM DEVELOPMENT SIZE
1. Lot Requirements
1.1 The minimum Lot must contain at least 100,000 s.f.of Buildable Lot Area
1.2 The Lot must contain the Buildable Lot Area in a single, contiguous site within the
Development Parcel Priority Revitalization Area "C"
1.3 No portion of a public way or public street, as defined by the by-law may be included
in computing the minimum required Buildable Lot Area
2. Development Parcel Requirements
2.1 The minimum Development Parcel size is twenty-eight (28) acres of Buildable Lot
Area
2.2 No portion of a public way or public street, as defined by the by-law may be included
in computing the minimum required Buildable Lot Area
B. BUILDING COVERAGE
1. Buildable Lot Requirements
No building shall be constructed so as to cover, together with any other building on
the Lot, more than twenty-seven (27) percent of the Buildable Lot Area.
2. Development Parcel Requirements
No building shall be constructed so as to cover, together with any other building on the
Development Parcel, more than thirty (30) percent of the Buildable Lot Area.
C. MINIMUM FRONTAGE AND ACCESS
1. Buildable Lot Requirements
1.1 Each Lot shall have at least one means of ingress/egress.
1.2 The Zoning Board of Appeals may in its discretion require more than one means of
ingress/egress where the Board of Appeals deems it necessary for the safety of the public
and/or the residents of the property.
2. Development Parcel Requirements
2.1 Each Development Parcel shall have a minimum frontage on a street of two hundred
and fitly (250) feet and at least two means of ingress/egress.
2.
2Each means of ingress/egress shall have a continuous frontage of not less than sixty
feet
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ANNUAL TOWN MEETING APRIL 28, 2008
5.
863. Density
No building or structure shall be
arranged or constructed
designed, and no building,
structure or land shall be used, in whole in
part, which exceeds the densities specified
or
below for residential and non-residential uses. Further, the intent of the allowable densities
in this Section 5.
8 63. is to pro vide flexibility for Projects. The specified densities are
maximums for each individual type of use as if only that use is being proposed. Where a
project includes a mix of uses, the maximum specified densities cannot be aggregated.
The use shall be a " mixed
use,"which is defined as a use which utilizes a minimum of
eighty-five percent ( 85%) and a maximum of ninety ( 90%) percent of the total
development as residential and a minimum often ( 10%) percent and a maximum of fifteen
15%) percent as non-residential use.
A. Residential Uses
Maximum permissible densities are as follows:
Multi-family housing and ancillary facilities and amenities:
One dwelling per 2,
500 square feet of Buildable Lot Area orportion thereof, except in the
Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit
per 3,
500 square feet of Buildable Lot Area or portion thereof.
Multi-family housing and ancillary facilities and amenities, limited to housing for individuals
fifty-five (55)years of age or older pursuant to Massachusetts General Laws c. 1518.
One dwelling per 3,
100 square feet of Buildable Lot Area or portion thereof, except in the
Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit
per 3,
500 square feet of Buildable Lot Area or portion thereof.
Senior Housing including Independent Living Facilities, Institutional Living Facilities
Assisted Living and Skilled Nursing Facilities),and ancillary facilities and amenities,
One unit per 3,
100 square feet of Buildable Lot Area or portion thereof, except in the
Revere Street Sub-Area where the maximum permissible density shall be 1 dwelling unit
per 3,
500 square feet of Buildable Lot Area or portion thereof.
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand ( 2, 000) gross square feet-of non-residential floor area per 10,000 square
feet, of Buildable Lot Area or portion thereof.
For the purpose of this section, "gross square feel 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 or other mechanical uses for the building,
storage or for automobile parking.
63. Setbacks
5.
9 and Yard Regulations for Buildings
No building shall be constructed so as to be nearer to the any lot line as specified below:
A. Development Parcel
1. Each Development Parcel shall have a front yard setback distance of not less than
sixty ( 60) feet and a side yard setback of not less than twenty-five (25) feet from the
nearest point of any exterior wall of a building, except that if the side yard abuts a
62-Source page 63
ANNUAL TOWN MEETING APRIL 28, 2008
residential district
or a building used primarily for residential purpose, a side yard setback
of not less than
thirty-five (35) feet from the nearest point of any exterior wall of the
building is required..
2. Each development parcel shall have a rear yard setback of not less than twenty-five
25)feet.
B. Buildable Lot
1. Each Lot shall have a setback distance of not less than fifteen ( 15) feet from the
nearest point of any exterior wall of the
building any non- to
permeable including surface
but not limited to public ways or private ways, but excluding driveways, walkways, or
parking areas. No part of any building shall be located less than fifteen ( 15) feet from any
front, side or rear lot line.
a. The SPGA may reduce the setback distance where appropriate because of specific
physical circumstances, such as irregular lot lines or other natural features that create open
space or buffers.
b. No storage or display of goods, products, materials or equipment, vending machines
or similar commercial devices shall be within the required front or side yard setback.
c. 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.
10
63. Height Regulations
No building shall be constructed to exceed forty feet ( 40')in height or a total of three ( 3)
stories, whichever is lower. However, if the underlying zone is Industrial the SPGA may
allow additional height with a greater setback at its discretion but in no event shall Building
Height exceed fifty feet ( 50')or four ( 4)stories.
Building height shall be measured as set forth in the State Building Code 780 CMR 5101 et
seq.
5.
11
63. Common Open Land, Town Park and Community Building
Town Park:
Each development shall have a minimum of thirty percent (30%) of its Buildable Lot Area
designated as Common Open Land for use by the general public. Such area(s) shall have a
shape, dimension, character and location suitable to assure its use for park or open space
purposes by the general public. Twenty percent (20%) of the land shall be considered as a
Town Park. The park will have walkways connecting it to both the development as well as
the downtown. There will also be ' public parking' allocated for the park. The minimum size
of the park will be 80,000 s.f.
No land to be included as part of the calculation of Common Open Land, shall be a parcel
less than 200 square feet in size.
Transition Area:
A "Transition Area" of twenty-five (25) feet or a screen wall of adequate height shall be
provided at the perimeter of the Development Parcel. The applicant shall file a landscape
plan, prepared by a Massachusetts Registered Landscape Architect, that demonstrates in
the opinion of the Zoning Board of Appeals sufficient plantings to provide adequate
screening. Buildable Lot Areas or portions thereof that are also designated as Transition
Areas shall be included in the calculation of "Common Open Land".
63-Source page 64
ANNUAL TOWN MEETING APRIL 28, 2008
The SPGA may reduce the width
required " Transitionof the
Area" and modify other
landscape requirements applicantwhere the
demonstrates that suitable screening will be
provided by other means such as fencing or topography, and that such reduction will not
have material adverse impact on the surrounding neighborhood.
Community Center:
As part of a Site Development and Use Plan, there shall a Community Center for use by the
occupants of the development and be open to the public. The size of the community center
is directly linked to the number of bedrooms/units in the development. The community
center shall be 25 square feet for every bedroom that is built, but not to exceed 15,000 s.f.
5.
12
63. Parking and Loading Requirements
In Priority Revitalization Area " C', there shall beprovided 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:
A. For dwelling units 1.5 parking space per each dwelling unit, except for Senior
Housing units which require 1 parking space per unit.
B. For
restaurants and other on premises eating and drinking establishments, not less
than 1)parking space for each three ( 3)seats, plus one(I)
one ( parking space for every
three ( 3)employees on the largest shift, 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.
C. 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 heating and utilities or other mechanical
equipment, storage or for automobile parking.
D. Uses not listed in this Section 5.
12
63. Parking Requirements, Subsections ( A), B) (
and ( C)shall comply with the parking space requirements of the Zoning By-law Section 4.0
Off-Street Parking.
E. In the case of mixed use projects, the parking spaces required shall be the sum of
the requirements for the various individual uses, computed separately in accordance with
this section. 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
of Appeals that the need for parking occurs at different times.
F. Whenever, after the date of adoption of this By-law, there is a change in the lawful
use ofthe premises or in any unit of measurement specified in Section 5. 63 CCEOD
Revitalization Area " C",
which change separately or when combined with previous changes,
creates a need for an increase or decrease of more than ten percent (10%) of the number
of off- street parking spaces as determined by the provisions of this section, more off-street
parking spaces shall, and fewer spaces may, respectively be provided within six months of
the basis of the adjusted needs.
G. Off-street automobile parking spaces, to the extent required in this section, may be
provided either on the same lot or premises with theparking generator or on any lot or
premises under common ownership or control a substantial portion of which must be within
three hundred ( 300) feet of the generator.
64-Source page 65
ANNUAL TOWN MEETING APRIL 28, 2008
H. 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.
I. In addition
to the requirements 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 of 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 6 4. 06. Loading Areas shall be considered the minimum
criteria for evaluating such design.
J. There shall be no deliveries or shipments to non-residential uses between 10:00
m. and
p. 7:
00 a.
m. Monday through Sunday or between 10:00 p.m. and 8:00 a. m. Saturday
and Sunday.
63. Signs and
5.
13 Advertising Devices
The provisions of Section 4.1
Signs and Advertising devices is hereby adopted for the
regulation and restriction of
billboards, signs and other advertising devices within the
Canton Center Economic Opportunity District Revitalization Area " C".
5.
14
63. Certified Acoustical Barriers
No activity or use shall be allowed which causes exterior noise levels to exceed aday-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 aday-night average 65 L
sound level of 65 decibels (
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 AM to 7: 00 PM. The day-night average
sound level ( L dn) shall be determined in accordance with The Code of Federal Regulations,
Title 24- Housing and Urban Development, Part 51 Environmental Criteria and Standards ( 24
CFR 51).
63. Affordable
5.
15 Units
As a condition for the
grant of a special permit pursuant to this Section 5.63 authorizing an
increase in the otherwise
permissible density in a proposed residential development
pursuant to the requirements of this Section 5. 63, at least twelve ( 12%) of the dwelling
units shall be deed restricted in perpetuity for occupancy by families with incomes at or
below eighty percent (80%) of the Area Median Income as defined by the United States
Department of Housing and Urban Development.
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
63. Preference
5.
16
As a condition of approval, the shall
require that to the maximum extent allowable
SPGA
under applicable law, Canton residents
given first preference bein the purchase of
affordable units. The fees for all services will be negotiated between the Authority and the
Developer, within the CCEOD Development.
65-Source page 66
ANNUAL TOWN MEETING APRIL 28, 2008
5.
17
63. Canton Housing Authority
For those housing units
specified as affordable, the SPCA shall require that, to the
maximum extent allowable
under applicable law, the owner of a CCEOD Development will
work with the Canton Housing Authority so that otherwise qualified families on the Housing
Authority' s waiting list be given an opportunity to rent or buy a vacant unit.
63. Assurance
5.
18 of Impact Mitigations
Since approval of an Area Master Plan pursuant to this Section 5.63 authorizes substantial
increases in permissible densities of population and/or employment intensity of uses in a
development, a condition of the special permit for the Area Master Plan shall be that the
project shall mitigate some or all of the impacts of those density increases, including,
without limitation, impacts on water and sewer utilities, and off-site traffic circulation
facilities and schools through grants and incentives obtained from other agencies or
contributions at the expense of the Applicant.
VOTE: 3-
02-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to defer
this article to thePlanning Board. The Planning Board will present their recommendation for this
article to Town Meeting.
APPROVED DISAPPROVED
AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE ST & NEPONSET ST WITHIN
REVITALIZATION AREA C
Article 18 To see if the Town will vote to amend the Town' s zoning map, as most recently amended,
by placing parcels of land located along Revere Street and Neponset Street within the Canton Center
Economic Opportunity District ( Revitalization Area C) established by vote under Article 17 of this Town
Meeting warrant or take any other action in relation thereto. Said parcels of land are described in the
Board of Assessors' Maps as Map 26, Lots 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 92,
and 111; and as Map 15, Lot 86. Said parcels are shown on a map, copies of which have been placed
on file and are available for public view at the office of the Planning Board, at the office of the Town
Clerk, at the research desk at the Canton Public Library and at the office of the Board of Selectmen in
Memorial Hall.
Board of Selectmen for the P/
annina Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Planning Board.
VOTE: 9-
00-
66-Source page 67
ANNUAL TOWN MEETING APRIL 28, 2008
PLANNING BOARD MOTION:
MOVED: To amend the Town' s zoning map, as most
recently amended, by placing
parcels of land located along Revere Street and Neponset Street within the Canton Center
Economic Opportunity District ( Revitalization Area C) established by vote under Article 17
of this Town
Meeting warrant. Said parcels of land are described in the Board of Assessors'
Maps as Map 26, Lots 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 92, and 111; and
as Map 15, Lot 86.
VOTE: 4-
01-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to defer
this article to thePlanning Board. The Planning Board will present their recommendation for this
article to Town Meeting.
APPROVED DISAPPROVED
AMEND ZONING BY-LAWS BY INSERTING NEW SECTION INTO 2.
412. ROOM
( AND BOARD
WITH ASSISTANCE IN RESIDENTIAL HOME
Article 19 To see if the Town will vote to amend laws, as most recently amended, by
the Zoning By-
inserting into Section 12. after
4,
2. Section d, a new subsection 4,
2. e)
14. in substantially the following
form:
2.
412.
e) or a residential home which provides room and board, and assistance with activities of daily
living, for up to four adult residents who are not related by consanguinity or affinity to their care
provider, or take any other action in relation thereto.
Board of Selectmen for the Planning Board
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of this article be deferred to the Planning Board.
VOTE: 9-
00-
PLANNING BOARD MOTION:
MOVED: To amend the Zoning By-laws, as most recently amended, by inserting into
Section 12. after
2.
4, Section H.,a new subsection 2.
4.
12. as follows:
I.
I. or a residential home which provides room and board, and assistance with activities of
daily living, for up to four adult residents who are not related by consanguinity or affinity to
their care provider.
VOTE: 4-
01-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to defer
this article to thePlanning Board. The Planning Board will present their recommendation for this
article to Town Meeting.
APPROVED DISAPPROVED
67-Source page 68
ANNUAL TOWN MEETING APRIL 28, 2008
AMEND ZONING MAP BY CHANGING BOUNDARIES OF CCEOD BY ADDING TO "PRIORITY
REVITALIZATION AREA " B")
ARTICLE 20 To see if the Town will vote to amend the zoning map of the Town, as most recently
amended, by revising the boundaries of the overlay zoning district entitled " Canton Center Economic
Opportunity District ( CCEOD)"as adopted at the Annual Town Meeting 2000 under article 54 and as
most recently amended at the Annual Town Meeting 2005 under article 33, by adding to the Priority
Revitalization Area " B"the following areas of land located along Revere Street, Plymouth Street and
Neponset Street, Canton, MA. Described as Assessors Maps numbered 14,15, 26 and 27 as lots
numbered 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 111 and 222,
substantially as shown on a map attached hereto, copies of which have been placed on file in the
office of the Town Clerk in Memorial Hall, and at the research desk at the Canton Public Library or take
any other action thereto.
Petition by for Alan M. Leary and nineteen others
FINANCE COMMITTEE AND PLANNING BOARD MOTION:
MOVED: That the subject matter of this article be indefinitely postponed.
VOTE: 9-
00-
FINANCE COMMITTEE DISCUSSION: The Finance Committee
unanimously to voted
postpone this article indefinitely due to the
Planning lack of Board
support. Because this Article uses
existing Priority Revitalization Area " B"as adopted from previous Annual Town Meetings the Planning
Board indicated that recent changes to CCEOD would not be included in this Article. The Planning
Board also voted to postpone this article indefinitely by a vote of 0.
5- 0-
APPROVED DISAPPROVED
AMEND ZONING BY-
LAW BYADDING " REVITALIZATION AREA C"TO SECTION 5.6
CANTON CENTER ECONOMIC OPPORTUNITY BY-LAW) DISTRICT
Article 21 To see if the Town will vote to amend the
Zoning By-law of the Town, as most recently
amended, by deleting the four ( 4) unnumbered, introductory paragraphs that appear before Sec.
5. 61 and replacing them with seven ( 7) new paragraphs and adding a new Section 5.63. The
aforesaid amendments would be substantially in the form contained in a draft by-law provision entitled
5.6 Canton Center Economic Opportunity District By- law,"copies of which are attached hereto and
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 web site; or take any other action in relation
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 three separate and district sub-districts of Canton Center as follows:
Priority Revitalization Area ~~A": That area of Canton Center that 1) along
runs (
Washington Street from Neponset Street to Sherman Street, a distance of approximately 2000
68-Source page 69
ANNUAL TOWN MEETING APRIL 28, 2008
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 ~~6": 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.
Priority Revitalization Area " C": That area of Canton Center that runs along Revere Street
from the boundary of the CCEOD Revitalization Area " A"to the intersection of the railroad
bridge/tracks and Revere Street, a distance of approximately 2, 500 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 " 6") prepared by the Canton Planning
Department and dated December 20, 2004.
Revitalization Area C is shown on a map entitled " Canton Center Economic Opportunity District
Priority Revitalization Area "C")" the Area("C" Map).
The maps described immediately above are hereby incorporated by reference in this Section 5.6.
Section 5.6 is hereby further amended by adding the following new Section 5.63:
5. 63 Priority Revitalization Area "C"
This Section 5.63 shall apply only to those parcels located entirely within the boundary of the Priority
Revitalization Area "C".
I. Purpose
Priority Revitalization Area "C"is established for the accomplishment of the following purposes:
To promote the economic health and stability of the Town by encouraging development and economic
investment in Canton.
To provide additional planning flexibility for projects located in and near Canton Center, including
enhancing the coordination of the project with the environmental and natural features of the
development site, including:
Development of parks and open spaces on Common Open Land as a condition for the grant of
a special permit pursuant to this Section 5.63 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 5.63.
Protection and enhancement, of the natural environment, including rivers, waterways, and
wildlife corridors. The revitalization plan must be sensitively designed and constructed to
minimize the disruption of wildlife.
Provide access and walking trails along waterways, connections to the MBTA train Stations,
and to Canton Center.
Protection of scenic vistas.
To encourage mixed-use development, including but not limited to, offices, retail shops, and multi-
family housing. No more than forty percent (40%) of the non-residential uses can be office. Mixed-
use development includes:
Small-scale village-oriented development in accordance with prescribed review and approval
procedures and according to design standards that are particular to the CCEOD Residential
Area " C".
Apartment Houses and/or town houses for individuals and families, including but not limited to
housing for individuals fifty-five (55) years of age or older pursuant to Massachusetts General
c. 1518.
Senior Housing including Independent Living-Facilities, Institutional Living Facilities ( Assisted
Living, and Skilled Nursing Facilities), and ancillary facilities and amenities.
69-Source page 70
ANNUAL TOWN MEETING APRIL 28, 2008
Museums, farmers markets, and cultural establishments, small business incubator space,
artiststudio and galleries, artist housing, open space and river access, community gathering
space, indoor and outdoor performance space.
Office, scientific or research laboratory and research and development uses.
Small scale retail sales and service establishments and restaurants serving primarily the
mixed-use development.
To permit the use of new development standards which will promote the desired changes in and near
Canton Center, for example:
To provide information on the
potential impacts of a proposed development with amix- of
commercial and residential that help to contain traffic within the revitalization
uses area and
by so doing limit impacts to residential portions of the community.
To enable the Special Permit Granting Authority ( SPCA) to require adherence to " Site
Development and Use Plans" in the granting of a special permit.
Create regulatory procedures for determining appropriate locations for uses defined
To for development
provide in a manner that creates a harmony between residential and non-
residential neighborhoods, protects exiting abutting neighborhoods and minimizes the development
impact on nearby neighborhoods, while striving to conserve and enhance environmental features,
woodlands, wet areas, the Canton River, open spaces and areas of scenic views, beauty, and vistas
such as, for example, the Viaduct.
II. Master Plan and Report and Special Permit Findings
A. Master
Report Plan and
In addition to the
requirements of Section 1.23 of the Zoning Bylaw for submission of
a special permit application, the applicant will prepare a Master Plan and Report
addressing the environmental issues, including without limitation water quality,
pollution of groundwater, damage, or threat to wetlands, flood plains, and plants and
animals, and the municipal impacts associated with the Project.
The applicant will prepare a Site Plan in conformity with the SPCA rules governing
special permits.
B. Special Permit Findings
The Board of Appeals in granting a Special permit under this Section 5.63 shall take
into consideration, both in terms of the impacts for the Project as-built and during
construction, the following:
That the proposed project will be in harmony with the general purpose of the Zoning Bylaw and the
requirements of this Section 5. 63, General Laws, Chapter 40A; and that it will not have a detrimental
impact on the neighborhood, will be designed with due consideration for the health and safety,
preserving open space, minimizing environmental disruption, or allowing for more efficient provision of
services and traffic circulation.
That the project itself does not have unmitigated adverse impacts upon critical environmental areas
such as:
Land abutting rivers, brooks and/or ponds of significant public interest, which enhance
or protect wetlands or flood plains, or which provide public access to the water body or which enhance
or provide scenic vistas or views, or which provide water-related recreation opportunities;
Land which provides a significant wildlife habitat or which is a unique natural area;
Groundwater Protection District and/or land which provides recharge to Canton' s
current or future wells and highly favored aquifer areas.
70-Source page 71
ANNUAL TOWN MEETING APRIL 28, 2008
That the " Common Open Land" and other open land protects critical environmental areas and provides
a valuable outdoor recreation recourse, such as:
Common Open Land or open land which is to be developed for active or passive
recreational uses;
Land which preserves existing trail networks or land on which new trails will be
developed for integration into existing and proposed trail networks;
Land which enhances scenic views; or
3.4 Land providing desirable public access to existing or proposed recreational or
conservation land.
That the Project
4.1 Enhances or protects critical environmental areas, unique natural features, scenic,
vista, or potential open space;
4.2 Provides a valuable addition to the open space resources of the Town;
4.3 Provides for creativity in the design of development in harmony with its natural
features;
4.4 Provides a less sprawling form ofdevelopment, a shorter network of streets and
utilities and more economic development of land with less consumption of open space; or
4.5 Permanently preserves natural topography and wooded areas within development
areas and preserves useable open space close to homes.
That the
design or redesign of buildings shall acknowledge and respect the surrounding existing
pattern of development, open space, and natural resources, such as, for example, the Canton River,
and the Viaduct, including without limitation:
Promoting the thoughtful design or redesign of buildings;
Enhancing the open space between existing and proposed buildings;
Promoting the visual and functional quality of the neighborhood;
Promoting bicycles and pedestrian trails;
Providing pedestrian links to Canton Center and the existing MBTA train stations
Canton Junction and Canton Center).
6. That the Project protects or enhances the adaptive reuse of historically significant buildings to
the extent safe or practical to do so, determined in conjunction with the Canton Historical Commission.
5.
263. Definitions
For the of this Section 5.
purposes 63, the following words and phrases shall have the
meaning hereinafter indicated:
Applicant: The person or persons, including without limitation a corporation or
other legal entity, who applies for issuance of a special permit for construction of a
CCEOD Revitalization Area "C"project, hereunder.
Buffer Area: An area within CCEOD Revitalization Area " C" adjacent to the
boundaries of streams, rivers and ponds.
Building Height: Building height shall be measured as set forth in the State
Building Code 780 CMR 101.0 et seq. The calculation of Building Height shall be
subject to the provisions of Section 2 4. 42. of the By- Law.
Buildable Area: Buildable Area shall be the area of a Development Parcel located
entirely within Priority Revitalization Area " C", and which excludes any land area
defined as a "Resource Area". No portion of a public way or public street may be
included in computing Buildable Area.
71-Source page 72
ANNUAL TOWN MEETING APRIL 28, 2008
Common Open Land: Any area of land within a Development Parcel containing
no building, structure, parking areas, driveways or roadways, other than those
structures and/or facilities which are used for recreational and/or public use.
Development Parcel: One or more lots within the CCEOD Priority Revitalization
Area " C" which are designated as a Development Parcel on a Site Development and
Use Plan. The lots comprising a Development Parcel need not be in the same
ownership. Where the Development Parcel consists of more than a single lot, the
lots, in combination, shall be treated as the Development Parcel, may be
contiguous or non- contiguous, and shall be considered as one lot for the purposes
of this Section 5.
63.
Development Schedule: A schedule showing the order and timing of construction
and the sequence improvements to be built or finished in the CCEOD Priority
of the
Revitalization Area " C" site, separated into stages where applicable.
Gross Floor Area: Total floor area contained within exterior walls, excluding
basement space and space used for heating and utilities, storage and/or
automobile parking.
Professional Office: The office of one skilled in an occupation that primarily
services clients or patients rather than customers including, but not limited to, the
office of a lawyer, doctor, dentist, architect, engineer, landscape architect, real
estate agent, insurance agent, or the studio of an artist, musician, teacher, or the
workroom of a dressmaker, milliner, or photographer in which retail sales are
incidental to office use.
Project: A residential, commercial or mixed-use development seeking a special
permit under this Section 5.63 and identified on a Site Development and Use Plan.
Regulations: The applicable rules and regulations of the Board of Appeals relative
to Special Permits.
Resource Area: "
Resource Area" as defined in 310 CMR 10.00 et seq.
Site Development and Use Plan: A plan depicting a proposed Project on a
Development Parcel and which is submitted to the Board of Appeals as part of an
application for a special permit under this Section 5.63.
Small-scale Retail: Retail stores with a gross floor area of 25, 000 s.f.or less.
Revere Street Sub-Area: Assessors Map 26 Lot 111 of Priority Revitalization Area C, as
shown on the Area C Map as the Revere Street Sub-Area.
Upland Acres: Land area without a "Resource Area".
All terms not defined herein shall have the meanings ascribed to them elsewhere in
the Zoning Bylaws.
5.
3 63. Scope of Authority
The provisions of this Section 5. 63 shall not restrict the owner' s rights relative to the
underlying zoning districts. However, if the owner elects to apply for a special permit
under Revitalization Area " C", the development shall conform to the requirements of
any special permit issued pursuant to this Section 5. 63.
If the landowner elects to file a development plan in conformance with the
requirements of the CCEOD Revitalization Area "C"on a portion of a single contiguous
tract of land, the entire tract of land shall conform to the objectives, standards and
criteria specified by this Section 5. 63, and the landowner shall be prohibited from filing
a development plan in conformance with the requirements of the underlying zoning
district on any portion of such contiguous tract of land.
5.
4 63. Special Permit Granting Authority
The Zoning Board of Appeals is hereby designated as the Special Permit Granting
Authority ( SPCA) for all purposes under this Section 5.63. 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. 63, 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 Site Development and Use Plan that bears the endorsement of
approval by the Board of Appeals. Requirements and Procedures for approval shall be
in accordance with Article III Section 3.0 Site Plan Approvals.
72_Source page 73
ANNUAL TOWN MEETING APRIL 28, 2008
Construction or operations under
building permit or a special permit shall conform to
a
any subsequent amendment of the
Zoning By-law, unless, the use or construction is
commenced within a period of not less than two ( 2)years after the issuance of the
permit and such construction is continued through to completion as continuously and
expeditiously as is reasonable.
5.
5 63. Objectives
In addition to the specific criteria contained within this section, the SPCA shall issue a
special permit for development within Revitalization Area " C"only after consideration
of the project's compliance with the following additional criteria:
Adequacy of the site in terms of the size of the proposed use(s);
Adequacy of the provision of open space, its accessibility to the general public and/or its association
with adjacent or proximate open space areas;
Suitability of the site for the proposed use(s);
Impact on traffic and pedestrian flow and safety;
Impact on the visual character of the neighborhood; and
Adequacy of utilities, including sewage disposal, water supply and storm water drainage.
5.
663. Uses
Priority Revitalization Area " C",
Within the Board of Appeals may issue a special permit
for the
following uses.
A. Apartment Houses, town houses and other attached single or multifamily housing,
regardless of their form of ownership, including ancillary facilities and amenities, provided that at least
twelve percent (12%) of the total number of housing units must be low or moderate income housing
available to families with incomes at or below eighty percent (80%) of the Area Median Income as
defined by the United States Department of Housing and Urban Development.
B. Senior Housing including Independent Living Facilities, Institutional Living Facilities ( Assisted
living and Skilled Nursing Facilities), and ancillary facilities and amenities.
C. Small-scale Retail sales and services. Small scale shall mean the maximum size of a single
retail store shall be25,000 square feet, and no more than fifty percent (50%)
of retail store space
shall be used for single stores in excess of 10,
000 square feet each.
D. Professional Offices, including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and administrative offices, banks and
other financial institutions, including accessory drive-through facilities.
E. Restaurants, provided that any bar or cocktail lounge be located within the restaurant shall
be solely for the purpose of serving food to customers and not to comprise more than twenty-five
percent (25%) of the floor area of the restaurant.
F. Office, scientific or research laboratory, and research and development uses.
G. Accessory structured ( whether at, below or above grade) or surface parking.
The following uses are specifically excluded:
1. Fast Food Establishments and related drive-through
facilities for the sale of food.
No building or structure shall
be designed, arranged or constructed and no building,
structure or land shall used, in whole or in part, for any purpose other
be than for one
or more of the uses herein set forth as permissible by special permit.
5.
763. Standards and Criteria
Minimum Development Parcel Size
73-Source page 74
ANNUAL TOWN MEETING APRIL 28, 2008
The minimum size of a Development Parcel is twenty (20) acres.
Building Coverage
Nobuilding shall be constructed so as to cover, together with any other building on
the
Development Parcel, more than thirty (30) percent of the Buildable Area.
Minimum Frontage and Access
EachDevelopment Parcel shall have a minimum frontage of two hundred and fifty
250) feet and at least one means of ingress/egress.
The Board of Appeals may in its discretion require more than one means of
ingress/egress where the Board of Appeals deems it necessary for the safety of the
public and/or the residents of the property.
5.
8 63. Density
No building of 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. Further, the intent behind
the allowable densities in this Section 5.
8 63. is to provide flexibility for Projects. The
specified densities are maximums for each individual type of use as if only that use is
being proposed. Where a Project includes a mix of uses, the maximum specified
densities cannot be aggregated.
Residential Uses
Maximum permissible densities are as follows:
Apartment Houses and ancillary facilities and amenities, including but not limited to
Apartment Houses for individuals fifty-five ( 55) years of age or older pursuant to
Massachusetts General Laws c, 1518:
1 dwelling unit per 2,
000 square feet of Buildable Area or
portion thereof, except in the Revere Street Sub-Area where the maximum permissible
density shall be 1 dwelling unit per 3,
500 square feet of Buildable Area or portion
thereof
Senior Housing including Independent Living Facilities, institutional Living Facilities
Assisted Living and Skilled Nursing Facilities), and ancillary facilities and amenities:
1 dwelling unit per 2, 000 square feet of Buildable Area or
portion thereof, except in the Revere Street Sub-Area where the maximum permissible
density shall be 1 dwelling unit per 3, 500 square feet of Buildable Area or portion
thereof.
Non Residential Uses
Maximum permissible density is as follows:
Retail/ Restaurant:
2, 500 square feet of Retail Gross Floor Area per 10,000 square feet of
Buildable Area or portion thereof.
Office/Research and Development/ Laboratory:
3,500 square feet of Office/Research and
Development/ Laboratory Gross Floor Area per 10,000 square feet of Buildable Area or
portion thereof.
63. Setbacks
5.
9 and Yard
Regulations for Buildings
No new
building shall be constructed so as to be nearer to the
line of any public street than the Required Setback Distance below or nearer to the
sidelines of the Development Parcel than the Required Side Yard Width below or
nearer to the rear line of the Development Parcel than the Required Rear Yard Depth
below:
Required Setback Distance - 15 feet
74-Source page 75
ANNUAL TOWN MEETING APRIL 28, 2008
Required Side Yard Width - 15 feet
Required Rear Yard Depth - 15 feet, except in the Revere Street Sub-Area where the
minimum required setback shall be 25 feet
The required setback distance shall be measured from the
nearest exterior line of the street in
question.
No storage or display of goods, products, materials or equipment, vending machines or similar
commercial devices shall be located within the required front or side yard setback.
B. No Development Parcel on which a building is located shall be reduced or changed in size or
shape so that
the building or Development Parcel fails to comply with the Buildable Area, frontage,
building coverage, yard setback or other dimensional provisions of this Section 5.63. The foregoing
shall not prohibit the ownership of different portions of a Development Parcel by different parties.
5.
10 63. Height Regulations
No Building Height shall exceed 40 feet plus one foot for each additional foot by which
the front setback exceeds the required setback distance, but in no event shall such
Building Height exceed 52 feet.
5.
11 63. Common Open Land, Town Park and Community
Building
Town Park:
As part of a Site Development and Use Plan, there shall be one or more areas
designated as Common Open Land for use by the general public. Such Common Open
Land shall include an area of a shape, dimension, character and location suitable to
assure its use for park or open space purposes by the general public as a "Town Park".
The Town Park will have walkways connecting it to the development, nearby transit
stations and other nearby public uses. The minimum size of the Town Park will be
80,000 square feet.
Transition Area:
A. A Transition Area of fifteen ( 15) feet or a screen wall of adequate height shall be
provided at those
edges of the
Development abutting Parcel a residential zone. The
applicant shall file a landscape plan, prepared by a Massachusetts Registered
Landscape Architect, that demonstrates, in the opinion of the Board of Appeals
sufficient plantings to provide adequate screening. Buffer Areas within the Buildable
Area shall be included in the calculation of Common Open Land.
The Board of Appeals may reduce the width of the required " Transition Area" and
modify other landscape requirements where the applicant demonstrates that suitable
screening will be provided by other means such as fencing or topography, and that
such reduction will not have a material adverse impact on the surrounding
neighborhood.
Community Center:
As part of a Site Development and Use Plan, there shall be one or more areas
designated as Community Center for use by residents of the Project.
5.
12 63. Parking and Loading Requirements
In Priority Revitalization Area " C", there shall be provided and maintained improved
off-street automobile parking in connection with the erection, establishment or
increase in units or dimension of buildings, structures and uses, in the following
amounts:
A. For dwelling units 1.5 parking spaces per each dwelling unit, except for Senior Housing units
which require . 75 parking spaces per unit
B. For restaurants and other premises eating and drinking establishments,
on- not less than one
1)parking space for every three ( 3)seats, plus one (1)parking space for every three ( 3)employees
on the largest shift.
C. For Retail and Office Uses, including research and development and/or laboratory uses, one
1)parking space for every two hundred and fifty (250) square feet of Gross Floor Area.
75-Source page 76
ANNUAL TOWN MEETING APRIL 28, 2008
D. Uses not listed in this Section 5.
12
63. Parking Requirements, Subsection ( A), B) (and ( C)
shall comply with the parking space requirements of the Zoning By-law Section 4.0 Off-Street Parking.
E. In the case of mixed-use
projects, the parking spaces required shall be the sum of the
requirement for the uses, computed separately in accordance
various individual with this section mad
Section 4.0. 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 ZBA that the need for parking
occurs at different times.
F. Off-street parking spaces, to the extent required in this section, may be provided
automobile
either on the Development Parcel with the parking generator or on any lot or premises
same
associated therewith, a substantial portion of which must be within three hundred ( 300) feet of the
generator.
G. Off-street facilities and connecting drives between
parking such facilities and the street shall
be designed to insure safety and convenience of persons traveling within or through the parking
the
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.
H. In addition to the requirements 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 of 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 6 4. 06.
Loading Areas shall be considered the minimum criteria for evaluating such design.
I. There shall be no deliveries or shipments to non-residential uses between 10:00 m. and
p.
7:
00 a.
m. Monday through Sunday or between 10:00 m. and
p. 8:
00 a.
m. Saturday and Sunday.
5.
13
63. Signs and Advertising Devices
The provisions of Section 4.1 Signs and Advertising devices is hereby adopted for the
regulation and restriction of billboards, signs and other advertising devices within title
Canton Center Economic Opportunity District Revitalization Area "C".
5.
14
63. Certified Acoustical Barriers
No activity or use shall be allowed which causes exterior noise levels to exceed aday-
night average sound level of 65 decibels ( 65 L dn) at the Development Parcel
boundary. No dwelling unit shall be located where exterior noise levels exceed aday-
night average sound level of 65 decibels ( 65 L dn). No dwelling unit shall be
constructed which allows interior noise levels to exceed allay-night average sound
level of 45 decibels ( 45 L dn). The day-night average sound level is the 24-hour
average sound level, in decibels, resulting from the accumulation of noise from all
sources contributing to the external noise environment of the site with 10 decibels
added to sound levels occurring from 10:00 AM to 7: 00 PM. The day-night average
sound level ( L dn) shall be determined in accordance with the Code of Federal
Regulations Title 24- Housing and Urban Development, Part 51 Environmental Criteria
and Standards ( 24 CFR 51).
5.
15
63. Affordable Units
As a condition for the grant of
special permit pursuant to this Section
a 5. 63
authorizing an increase in the otherwise permissible density in a proposed residential
development, at least twelve percent ( 12%) of the dwelling units shall be deed
restricted in perpetuity for occupancy by families with incomes at or below eighty
percent (80%) of the Area Median Income as defined by the United States Department
of Housing and Urban Development.
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.
16
63. Preference
76-Source page 77
ANNUAL TOWN MEETING APRIL 28, 2008
As a condition of
approval the SPCA 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. The fees for all services will be negotiated
between the Authority and the Developer, within the CCEOD development.
5.
17
63. Canton Housing Authority
For those apartment units specified as affordable, the SPCA shall require that, to the
maximum extent allowable under applicable law, the owner of a CCEOD Development
will work with the Canton Housing Authority so that otherwise qualified families on the
Housing Authority's waiting list be given an opportunity to rent or buy a vacant unit.
Petition for by Paul Schneiders and fourteen others
FINANCE COMMITTEE AND PLANNING BOARD MOTION:
MOVED: That the subject matter of this article be indefinitely postponed.
VOTE: 9-
00-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to
postpone this article
indefinitely. The Finance Committee understood
sponsors that the of this Article
were in agreement with the Planning Board on Article 17 and this Article is no longer required. The
Planning Board also voted to postpone this article indefinitely by a vote of 0.
5- 0-
APPROVED DISAPPROVED
AMEND ZONG MAP BY PLACING PARCELS ALONG REVERE STREET AND NEPONSET STREET
ARTICLE 22 To see if the Town will vote to amend the Town' s
zoning map, as most recently
amended, by placing parcels of land located along Revere Street and Neponset Street within the
Canton Center Economic Opportunity District ( Revitalization Area C) established by vote under Article
21 of this Town Meeting warrant or take any other action in relation thereto.
Said parcels of land are described in the Board of Assessors' Maps as Map 26, Lots 94, 95, 96,
97, 98, 99, 100, 101, 102, 103, 104, 105, 87, 88, 89, 90, 91, 92, 93, 222 and 111; and as map 14,
lots 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, and 132; and as Map 15, Lots 80,
81, 82, 83, 84, 85, and 86.
Said parcels are shown on a map, copies of which are attached hereto and 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 web site.
Petition for by Paul Schneiders and thirteen others
FINANCE COMMITTEE AND PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 22 be indefinitely postponed.
VOTE: 9-
00-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to
postpone this article indefinitely. The Finance Committee understood that the sponsors of this ArticleSource page 78
ANNUAL TOWN MEETING APRIL 28, 2008
were in agreement with the Planning Board on Article 18 and this Article is no longer required. The
Planning Board also voted to postpone this article indefinitely by a vote of 0.
5-0-
APPROVED DISAPPROVED
ACQUISITION OF PORTION OF LAND
Article 23 To see if the Town will to authorize
vote the Board of Selectmen to acquire by gift the
title in fee simple of a portion of landalongside Ames Avenue, as shown on Canton Tax Assessor' s
Map 26, Parcel 168 and more particularly described in the Norfolk County Registry of Deeds, Book
6301, Page 111-112 and shown on the attached plan, having the following metes and bounds:
A certain parcel of land shown gift of land to widen Ames
as " Proposed 5' wide
Avenue" on attached sketch entitled " Grimes
Crossing", Canton, Massachusetts,
plan
owned by Ann E. Galvin, scale 1" = 20",dated November 30, 2007, prepared by
Arthur F. Borden & Associates, Inc.,Professional Land Surveyors and Civil Engineers,
Raynham Ma. Being a portion of Lot # 168 as shown on Town of Canton Assessor' s
Map #26, recorded in Norfolk County Registry of Deeds in Book 6301, pages 111-112,
bounded and described as follows:
Beginning at a point in the south and easterly sideline of Ames Avenue, being the
northwesterly corner of land of Ann E. Galvin,
Thence, by and with the southerly sideline of Ames Avenue, S 2858- E, a distance
84-
of 5.00 ft. to a point,
Thence, S 35
03- 08- W by and with the land of Ann E. Galvin, a distance of 99.61 ft. to
a point, and land n/
f of Forge Pond Condominiums,
Thence, N 84-
2858- W, by and with the land n/f of Forge Pond Condominiums a
distance of 5.
00 ft. to a point and the easterly sideline of Ames Avenue,
Thence, N 2002-25- E, by and with the easterly sideline of Ames Avenue, a distance of
44.76 ft. to a point,
Thence, N 5203- 43- E, by and with the easterly sideline of Ames Avenue, a distance of
54.86 ft. to the point of beginning.
Said parcel contains 526 sq. ft.
Said gift is conditional upon donor being granted a variance by the Town of Canton Zoning
Board of Appeals so that the setback requirement for buildings currently alongside said parcel to be
donated or located alongside said parcel in the future shall be ten ( 10')feet rather than fifteen ( 15')
feet; or to take any other action in relation thereto.
Petition for by Attorney Paul Schneiders and fifteen others
MOVED: That the Board of Selectmen be authorized to acquire by gift the title in fee
simple of a portion of land alongside Ames Avenue, as shown on Canton Tax Assessor' s Map
26, Parcel 168 and more particularly described in the Norfolk County Registry of Deeds,
Book 6301, Page 111-112.
VOTE: 9-
00-
g_Source page 79
ANNUAL TOWN MEETING APRIL 28, 2008
DISCUSSION: In a summary memo the Board of Selectmen provided to the Finance
Committee, they indicated that in a recent Zoning Board Decision, the Canton Zoning Board of
Appeals requested Anne Galvin ( the petitioner) to convey a parcel of land that is approximately 5 feet
by 100 feet to the Town of Canton, for the purpose of widening Ames Street. This article allows the
town to accept this gift of land, allowing Ames Street to be widened at the petitioner's expense. No
costs are expected to be incurred by the Town of Canton relating to this transfer of land, and the Town
is expected to benefit by receiving a wider and safer upgraded roadway.
The Finance Committee unanimously supports adoption of Article 23.
APPROVED DISAPPROVED
ARTICLE FOR ACQUISITION OF PROPERTIES WITHIN THE CANTON CENTER PARKING
DISTRICT
Article 24 To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in any of those properties, or any portions
thereof, located within the Canton Center Parking District for the purpose of providing and facilitating
parking of vehicles, and to take any other action related thereto. For the purposes of this Article, the
Canton Center Parking District shall be that area in Canton defined by Section 5.6 of the Town of
Canton Zoning Bylaw as the Canton Center Economic Opportunity District ( CCEOD), including all sub-
districts, and shown on the map entitled Canton Center Economic Opportunity District, dated
December 20, 2004 and filed with the Town of Canton Planning Board as the CCEOD may be amended
from time to time. Said parcels are shown on a map, 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, at the
research desk of the Canton Public Library and at the office of the Board of Selectmen in Memorial
Hall. The parcels within the Canton Center Parking District currently include:
Town Assessor
Map 25, Parcels 39-42, 44-49, 59-66, 68-73, 95, 96, and 98-105.
Map 26, Parcels 20-59, 61-86, 103-106, 113-117, 119, 158-162, 164-178, 180-183, 191-203, 208-
210, 212-214, 216, 220 and 221.
Map 27, Parcels 12, 21, 100, 108, 109, 124, 125, 138-141, 175-178, 180, 182-186, 210, 213, 215-
220, and 224-227.
Map 43, Parcel 12,
Or to take any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of this article be indefinitely postponed.
VOTE: 9-
00-
g_Source page 80
ANNUAL TOWN MEETING APRIL 28, 2008
DISCUSSION: This article would authorization
Selectmen
provide to the
to acquire yet to be
determined privately held parcels of land ( among those listed in the
article) to improve and expand
parking in the Downtown area. Any such purchase and sale agreements whose cost cannot be
covered within existing appropriations are subject to recommendation by the Finance Committee and
the approval of the voters at subsequent ATMs.
However, the article is not specific as to the individual or total anticipated cost of such purchases. In
recognition of the financial constraints faced by the town, and wanting to avoid either the existence or
appearance of an open-ended purchase authorization, the Finance Committee voted 09-0-to postpone
the adoption of this article indefinitely.
APPROVED DISAPPROVED
ESTABLISHMENT OF CANTON CENTER PARKING DISTRICT ENTERPRISE ACCOUNT
Article 25 To see if the Town will vote to establish
Parking District Enterprise
a Canton Center
Account, pursuant to G.L. c. 44, § 53F1/z,for the fiscal year beginning July 1, 2008, into which
Enterprise Account shall be deposited all receipts, revenues and funds received by the Town as
payment for all traffic violations and parking fees, charges and violations within the Canton Center
Parking District, and from which Enterprise Account all expenditures shall be under the supervision of
the Board of Selectmen, in accordance with such budgets as may be appropriated by Town Meeting,
for the enterprise of providing facilities and spaces for parking and transportation, including but not
limited to operating, maintaining, improving, making ordinary and extraordinary repairs, acquiring
properties and structures ( or portions thereof or interests therein), and conducting studies and
appraisals, and further to see if the Town will vote to establish and appropriate a budget for such
Canton Center Parking District Enterprise Account, or to take any other action related thereto.
For the purposes of this Center Parking District shall be that area in Canton defined
Article, the Canton
by Section 5.6 of the Town of
Zoning Bylaw as the Canton Center Economic Opportunity
Canton
District ( CCEOD), including all sub-districts, and shown on the map entitled Canton Center Economic
Opportunity District, dated December 20, 2004 and filed with the Town of Canton Planning Board, as
the CCEOD may be amended from time to time.
Board of Selectmen
MOVED: That the subject matter of this article be indefinitely postponed.
VOTE: 9-
00-
DISCUSSION: The Finance Committee voted unanimously topostpone this article indefinitely.
The Finance Committee was not able to hear Board of Selectmen discussion prior to the time of this
vote. The Board of Selectmen will present their recommendation for this article to Town Meeting.
APPROVED DISAPPROVED
80-