Canton, Massachusetts · Saved source text
Canton Town Meeting — 2011 ATM
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Source page 41
ANNUAL TOWN MEETING APRIL 25, 2011
Authority pursuant to Section 10.5 of this Zoning Bylaw prior to construction,
installation or modification as provided in this section.
9.
6.
8. General
5
All plans and maps shall be prepared, stamped and signed by a Professional Engineer
licensed to practice in Massachusetts.
9.
6.
8. Required Documents
6
Pursuant to the site plan review process and in addition to documents otherwise
required pursuant to Section 10.5 of this Zoning Bylaw, the project proponent shall
provide the following documents:
a) A site plan showing:
i. Property lines and physical features, including roads, for the
project site;
ii. Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures;
iii. Blueprints or drawings of the solar photovoltaic installation signed
by a Professional Engineer licensed to practice in the Commonwealth of
Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures;
iv. One or three line electrical diagram detailing the solar
photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices;
V. Documentation of the major system components to be used,
including the PV panels, mounting system, and inverter;
vi. Name, address, and contact information for proposed system
installer;
vii. Name, address, phone number and signature of the project
proponent, as well as all co-proponents or property owners, if any;
viii. The name, contact information and signature of any agents
representing the project proponent; and
b) Documentation of actual or prospective access and control of the project site;
c) An operation and maintenance plan:
d) Zoning district designation for the parcel(s) of land comprising the project site
submission of a copy of a zoning map with the parcel(s) identified is suitable for this
purpose);
e) Proof of liability insurance; and
f) Description of financial surety that satisfies Section 10.
9.8.
3.
The Site Plan Review Authority may waive documentary requirements as it deems
appropriate.
9.
6.
8.Site Control
7
The project proponent shall submit documentation of actual or prospective access and
control of the project site sufficient to allow for construction and operation of the
proposed solar photovoltaic installation.
41-Source page 42
ANNUAL TOWN MEETING APRIL 25, 2011
9.
6.
8.Operation &
8 Maintenance Plan
The project proponent shall submit a plan for the operation and maintenance of the
large -scale ground- mounted solar photovoltaic installation, which shall include
measures for maintaining safe access to the installation, storm water controls, as well
as general procedures for operational maintenance of the installation.
9.
6.
8.
9 Utility Notification
No large -scale ground- mounted solar photovoltaic installation shall be constructed
until evidence has been given to the Site Plan Review Authority that the utility
company that operates the electrical grid where the installation is to be located has
been informed of the solar photovoltaic installation owner or operator' s intent to install
an interconnected customer -owned generator. Off grid
- systems shall be exempt from
this requirement.
9.
6.
8.
10 Dimension and Density Requirements
9.
6.
18.
10. Setbacks
For large -scale ground- mounted solar photovoltaic installations, front, side and
rear setbacks shall be as follows:
a)Front yard: The front yard depth shall be at least 25 feet; provided,
however, that where the lot abuts a Conservation - Recreation, Residential
district or a lot containing a building used primarily for residential
purposes, the front yard shall not be less than 60 feet.
b) Side yard. Each side yard shall have a depth at least 15 feet unless side
yard abuts a railroad right o
- f way;
- provided, however, that where the lot abuts
a Conservation - Recreation, Residential district or a lot containing a building
used primarily for residential purposes, the side yard shall not be less than 50
feet.
c) Rear yard. The rear yard depth shall be at least 25 feet unless the rear
yard abuts a railroad right of
- way;
- provided, however, that where the lot abuts
a Conservation- Recreation, Residential district or a lot containing a building
used primarily for residential purposes, the rear yard shall not be less than 50
feet.
The Board of Appeals may waive one or more setback requirements upon a
demonstration by the applicant that such waiver will further the goals of this
Section 9.7, provided, however, that no such waiver shall allow a large -scale
ground- mounted solar photovoltaic installation within 50 feet of a residential
property line or within 20 feet of a street.
9.
6.
28. Height Regulations
10.
No structure shall be constructed to exceed 12 feet in maximum height in this
Large -Scale Ground- Mounted Solar Photovoltaic Installation Overlay District
SPOD).
9.
6.
38. Appurtenant
10. Structures
All appurtenant structures to large -scale ground- mounted solar photovoltaic
installations shall be subject to reasonable regulations concerning the bulk and
height of structures, lot area, setbacks ( see 1), 9.
6. 8.
10. open space, parking
and building coverage requirements. All such appurtenant structures,
including but not limited to, equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible with each
other. Whenever reasonable, structures should be shaded from view by
vegetation and /or joined or clustered to avoid adverse visual impacts.
9.
78. Design Standards
9.
7.
8.Lighting
1
42-Source page 43
ANNUAL TOWN MEETING APRIL 25, 2011
Lighting of solar photovoltaic installations shall be consistent with local, state and
federal law. Lighting of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes, and shall be
reasonably shielded from abutting properties. Where feasible, lighting of the solar
photovoltaic installation shall be directed downward and shall incorporate full cut o - ff
fixtures to reduce light pollution.
9.
7.
8.Signage
2
Signs on large -scale ground- mounted solar photovoltaic installations shall comply with
Section 6.3 of this Zoning Bylaw. A sign consistent with such Section 6.3 shall be
required to identify the owner and provide a 24 hour
- emergency contact phone
number.
Solar photovoltaic installations shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the solar photovoltaic
installation.
9.
7.
8.Utility Connections
3
Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to
place all utility connections from the solar photovoltaic installation underground,
depending on appropriate soil conditions, shape, and topography of the site and any
requirements of the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
9.
88. Safety and Environmental Standards
9.
8.
8.Emergency
1 Services
The large -scale ground- mounted solar photovoltaic installation owner or operator shall
provide a copy of the project summary, electrical schematic, and site plan to the Fire
Chief. Upon request the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting down the
solar photovoltaic installation shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the life of the installation.
9.
8.
8.Land Clearing, Soil Erosion and Habitat Impacts
2
Clearing of natural vegetation shall be limited to what is necessary for the
construction, operation and maintenance of the large -scale ground- mounted solar
photovoltaic installation or otherwise prescribed by applicable laws, regulations, and
Bylaws.
9.
98. Monitoring and Maintenance
9.
8.
1 Solar Photovoltaic Installation Conditions
The large -scale ground- mounted solar photovoltaic installation owner or operator shall
maintain the facility in good condition. Maintenance shall include, but not be limited
to, painting, structural repairs, and integrity of security measures. Site access shall be
maintained to a level acceptable to the Fire Chief and Emergency Medical Services. The
owner or operator shall be responsible for the cost of maintaining the solar
photovoltaic installation and any access road(s), unless accepted as a public way.
9.
8.
2 Modifications
All material modification to a solar photovoltaic installation made after issuance of the
required building permit shall require approval by the Site Plan Review Authority.
9.
10
8. Abandonment and Decommissioning
9.
10.
8. Removal
1 Requirements
43-Source page 44
ANNUAL TOWN MEETING APRIL 25, 2011
Any large -scale ground- mounted solar photovoltaic installation, which has reached the
end of its useful life or has been abandoned consistent with Section 9.
10.
8.of this
2
bylaw shall be removed. The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations. The owner or
operator shall notify the Site Plan Review Authority by certified mail of the proposed
date of discontinued operations and plans for removal Decommissioning shall consist
of:
a. Physical removal of all large s- cale ground- mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
b. Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
c. Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Site Plan Review Authority may allow the owner or
operator to leave landscaping or designated below -grade foundations
in order to minimize erosion and disruption to vegetation.
9.
10.
8.Abandonment
2
Absent notice of a proposed date of decommissioning or written notice of extenuating
circumstances, the solar photovoltaic installation shall be considered abandoned when
it fails to operate for more than one year without the written consent of the Site Plan
Review Authority. If the owner or operator of the large -scale ground- mounted solar
photovoltaic installation fails to remove the installation in accordance with the
requirements of this section within 150 days of abandonment or the proposed date of
decommissioning, the Town may enter the property and physically remove the
installation.
9.
10.
8.Financial Surety
3
Proponents of large -scale ground- mounted solar photovoltaic projects shall provide a
form of surety, either through escrow account, bond or otherwise, to cover the cost of
removal in the event the Town must remove the installation and remediate the
landscape, in an amount and form determined to be reasonable by the Site Plan Review
Authority, but in no event to exceed more than 125 percent of the cost of removal and
compliance with the additional requirements set forth herein, as determined by the
project proponent. Such surety will not be required for municipally or state owned
facilities. The project proponent shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount shall include a
mechanism for calculating increased removal costs due to inflation.
PLANNING BOARD VOTE: 40
- 0
-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted 7 0 - 0- to defer this to the Planning
Board. The Finance Committee agrees with the Planning Board that a favorable recommendation to approve this
article is warranted. In essence, this article would create an overlay district for the construction of a solar energy
facility on Town -owned property, which is expected to generate substantial revenues for the Town. This article
would amend the current Zoning by l-aws for the Solar Park on Pine Street to create a 40 acre overlay district. This
article would also add " As of Right Siting" (meaning that development may proceed without the need for a special
permit language) and expedited permitting language to the existing by l-aw. Proponents believe this would expand
possibilities for grant applications for Canton as a Green Community, would help create new jobs and would make
Canton attractive to other clean energy enterprises. Several members of the Finance Committee were concerned
with the language of the proposed Zoning by l-aw, fearing it might give up too much Town control over proposed
projects.
PLANNING BOARD DISCUSSION: The Planning Board supports this motion as it would allow for the
expansion to include the entire forty acres as an overlay in which one could build a large -scale ground- mounted
photovoltaic installation. This is an effective way to promote green energy in the town and provide an opportunity
for the town to decrease energy cost as well as increase the revenue base on an otherwise non - productive landfill.
The inclusion in the zoning by l-aws will help the town attain " Green Communities" status that will also provide
additional benefits from the state, in the form of financial grants and support services.
APPROVED DISAPPROVED
44—Source page 45
ANNUAL TOWN MEETING APRIL 25, 2011
PROPOSED AMENDMENT TO THE ZONING BY LAW
- BY ADDING SECTION 10.7 CANTON CENTER DESIGN
REVIEW
Article 15 To see if the Town Meeting will vote to amend the Zoning By Law
- by adding the following section 10.7,
regarding Canton Center Design Review:
10.7 CANTON CENTER DESIGN REVIEW
10.7. Purpose. The purpose of this section is to preserve and enhance Canton Center's cultural, economic and
1
historical resources by providing a detailed design review of the exterior appearance of buildings and sites located
within the boundaries of the Canton Center Economic Opportunity District The design review procedure shall:
1. Enhance the social and economic viability of Canton Center by preserving property values and
promoting the attractiveness of Canton Center as a place to live, visit and shop;
2. Protect and preserve the historic and cultural heritage of Canton Center by promoting the conservation
of buildings or groups of buildings that have aesthetic or historic significance, or are determined to
contribute to the character of Canton Center by the Design Review Board.
3. Promote and encourage building design and building alterations that are compatible with the existing
environment and are of superior quality or appearance; and
4. Promote flexibility and variety in future development to enhance the natural and aesthetic qualities of
Canton Center.
10.
2 7.General. The Canton Center Design Review Board ( CCDRB) shall follow the Canton Center Design
Principles. The CCDRB shall keep in mind that the design of buildings is determined by (1)the nature of the site,
2)the nature of the materials used, (3)the nature of the building itself and ( 4)the nature of the architect.
Each building is more than a separate structure: it is part of the Canton Center Townscape. The proper use of
scale and proportion has the unique capacity to unite the different parts of the Canton Center so that each building
preserves its own identity, and yet each building blends into the whole. The expression of tradition and culture
through the scale and proportions of buildings and the spaces between buildings defines the Canton Center
Townscape.
10.7.Model. The applicant shall provide a 3-dimensional Study Model ( Model) of the proposal, if required by the
3
Zoning Board of Appeal. At a minimum, the Model shall include, but not be limited to, the following:
1. Proposed building(s);
2. Neighboring buildings, as determined by the CCDRB;
3. Property lines;
4. Proposed topography modeled at 2 foot intervals;
5. Location and dimensions of drives, parking areas, walks and paths;
6. Location and characteristics of any common open space, usable open space or natural open space
Forge Pond, Canton River);
7. Proposed Landscaping;
8. Public streets and roadways;
45-Source page 46
ANNUAL TOWN MEETING APRIL 25, 2011
9. Any other significant facilities or structures deemed appropriate by the CCDRB;
10. A legend that explains the design principles employed in designing the site.
The Model shall accurately replicate the applicants proposal and be of sufficient detail to clearly illustrate the nature
of the site, the nature of the materials used, and the nature of the building. The model shall be constructed at a
scale of 1" = 10',subject to the discretion of the Zoning Board of Appeals to require a scale of 1" = 5'.
10.7. Canton Center Townscape. The design or redesign of buildings in Canton Center shall acknowledge and
4
respect the surrounding existing patterns of development, open space and natural resources ( Forge Pond and the
Canton River).
10.7. Townscape Design; Statement of Principals.
5
1. To promote the thoughtful design or redesign of buildings within the Canton Center Economic
Opportunity District.
2. To enhance the open space between exiting and proposed buildings.
3. To promote the visual and functional duality of Canton Center.
4. To promote a pedestrian friendly scales and that links the development to the surrounding buildings,
neighborhood and natural environment ( Forge Pond and the Canton River).
5. To provide buildings in scale and in proportion to the adjacent existing structures, open space and
natural and man made environment.
6. To visually relate proposed buildings to their surroundings with respect to: Height; Street facade;
Materials, texture and color; Roof slopes; Quality and quantity of open space; Human Scale; Spacing of
buildings and signs; Fenestration; Quality of open space and landscapes; Natural environment;
Handicapped pedestrian access; and Building proportions.
10.7. Open Space. The design of new or altered buildings shall insure that valuable open space within Canton
6
Center is created, and that existing open space is preserved, protected, and enhanced. Proposals shall be
consistent with the Canton Center's open space goals, policies, objectives and plans.
10.7. Open Space
8 Design; Statement of Principles.
1. To provide public access to Forge Pond and the Canton River.
2. To provide enjoyable and usable private and public open space that will add to the amenities of Canton
Center.
3. Development or redevelopment shall provide public and or
/ private open space and enhance adjacent
open spaces. The scale, proportions, setbacks, height, and roof slopes of proposed buildings shall be
compatible with existing or newly created open space.
4. Existing landscaping and landforms shall be incorporated into plans and used to the advantage of the
design.
46-Source page 47
ANNUAL TOWN MEETING APRIL 25, 2011
5. To provide small parks with benches and other amenities that are accessible to the general public.
6. Non-surface off -street parking shall be provided to minimize paved s surface areas, wherever possible.
10.7. Preservation
9 and Enhancement of Landscape. The design of new or altered buildings shall insure the
integration of existing vegetation, landforms and water resources ( Forge Pond Canton
/ River) into development
plans, keeping in mind the relationship of the natural environment to surrounding properties and the Canton Center
Townscape. All development or redevelopment within the Canton Center Economic Opportunity District is
encouraged to exceed the landscaping and screening requirements of the Zoning By law.
-
10.7.Preservation
10. and Enhancement of Landscape Design; Statement of Principles.
1. To promote the skillful use of existing topography, landforms and landscaping, including the
preservation of natural landscaping by minimizing tree and soil removal and the restoration of landscaping
and wildlife habitat to its natural state.
2. To provides landscaping and grades changes that either strengthen or buffer the visual relationship
with surrounding areas.
3. Provide trees, shrubs and groundcovers noted for longevity, low maintenance requirements, attractive
appearance, ability to survive, and screening ability.
4. Plant evergreens to provide an effective year round buffer between business and residential areas.
5. Provide plantings, planters and flower boxes to visually break up paved areas and /or to enhance an
ordinary facade.
6. Plant additional street trees and landscaping in public areas when projects impact the public
streetscape.
7. Provide seasonal decorations, benches, etc.
10.7. Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of a
11
shopping district. To maximize their effectiveness, every sign and awning shall be an integral part of its building,
and each shall be complementary to adjacent signs and awnings. As a result, they become part of an overall
image, each sign and awning supporting the other and each helping to draw customers. All signs and awnings
shall conform to the maximum area height, number, setback and illumination requirements set forth in Zoning By-
law Section 6.
3.
10.7.Signs and Awnings Design; Statement of Principles.
12
1. Signs and awnings shall be compatible throughout Canton Center.
2. The size, location, design, color, texture, lighting and materials of signs and awnings shall be
compatible with and complementary to the New England " Colonial" or New England " Victorian" style.
3. Signs and awnings on the same building or on a series of attached buildings shall have consistency of
size, location, design, color, texture, lighting, materials and expression.
4. Signs and awning shall be carefully integrated with the building facade.
47—Source page 48
ANNUAL TOWN MEETING APRIL 25, 2011
5. Place sign and awnings consistent with architectural details and not in conflict with building details
such as cornices, arches, lintels, pediments, windows, pilasters, etc.
6. Mount signs and awnings to align with other signs on the building, or installed within the natural sign
band formed by the building's details and cornices.
7. Signs shall not overpower the rest of the storefront, and be attractive as designs in themselves.
8. The design of lettering, materials and colors shall result in good visibility and be compatible and
complementary with other signs and awnings on the building.
9. Simple graphic symbols that are easily recognizable and clearly identify the particular good or services
being offered are the best.
10. Lettering shall be legible and oriented to the pedestrian on the sidewalk and to slow moving traffic.
There is no need to design signs for fast moving vehicles.
11. Signs and awnings shall creatively express the nature of the business in a New England " Colonial" or
New England " Victorian" style.
10.7. Heritage Structures. The Canton Center Design Review Board ( CCDRB) shall insure that proposed new
13
buildings respect adjacent Heritage Structures. When appropriate, the Design Review Board will consult with and
request opinions and information from the Historical Commission regarding Heritage Structures.
1. The CCDRB shall prepare a " Canton Center Heritage Structure Survey and Findings Report" which shall
identify the building or groups of buildings within the Canton Center Economic Opportunity District that
have aesthetic or historic significance or are determined to contribute to the character of Canton Center.
Heritage Structures are defined as: (1) Historic Structures, ( 2) noteworthy Period Structures, and ( 3)
structures or groups of structures determined to contribute to the character of Canton Center as
determined by the CCDRB. The CCDRB shall promote the preservation of Heritage Structures and shall
actively advocate for their rehabilitation.
10.7. Heritage Structures
14 Design; Statement of Principles.
1. Rehabilitation of Heritage Structures shall be done with sensitivity to the structure, with as little
deviation as possible from the design intent of the original building. Proposals for a facade renovation or
new building construction that use a particular historical style or period style shall utilize accurate
elements of that style.
2. Architectural or Period elements of Heritage Structures shall be preserved during any additions,
renovations, or conversions. Sign and facade alterations shall not conceal architectural elements. The
covering or removal or original facade elements ( columns, pilasters, fenestration, arches, lintels, and
decorative elements) shall not be allowed.
3. The renovation or alteration of Heritage Structures shall maintain size and proportions of windows and
doors; windows and doors shall not be enlarged. Any new work shall fit within the scale of the existing
windows and doors and repeat the window and door rhythms that already exist.
4. The renovation or alteration of Heritage Structures shall maintain the original materials if possible; new
materials shall reflect and maintain the original textures and visual effect.
5. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed
48—Source page 49
ANNUAL TOWN MEETING APRIL 25, 2011
front porches. Front porches are attractive, provide important balance to the building, and present a
historically functional part of the building.
6. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed
building details such as molding, coping lines or parapets, columns and piers.
7. The renovation or alteration of Heritage Structures shall install signage that is fitting with the image of
the building, often small - scaled to remain dignified.
8. The renovation or alteration of Heritage Structures shall provide color schemes typical of original
building.
9. The renovation or alteration of Heritage Structures shall remove false building fronts including fascia
panels, mansard roofs, and any other material that covers and disrupts the original building detail.
10. The renovation or alteration of Heritage Structures shall conceal all mechanical equipment on roofs,
including metal chimneys, and at grade from view. An elevator penthouse, if added, shall be placed to
minimize its visibility and shall be integrated into the design of the building so as to not detract from the
significant architectural elements of the building or streetscape.
11. The impacts of new construction on adjacent Heritage Structures shall be minimized. Such devices as
building placement, spatial design and landscaping may be used to mitigate impacts on historical
structures.
10.7. Canton Center Design Review Board; Composition.
15 The CCDRB shall consist of five members who
shall be appointed by and serve at the pleasure of the Planning Board. The Planning Board shall strive to have
represented the following:
1. One member of the Historical Commission or a person recommended by the Historical Commission.
2. One person qualified by training and experience in architecture, landscape architecture or in the art or
design profession.
I One person recommended by the Canton Downtown Business Association.
4. Two persons at large.
The Planning Board shall appoint one alternate member for a term of one year. No elected official may be a
member or alternate of the CCDRB.
10.7.CCDRB; Method of Appointment.
16 Each member shall be appointed by the Planning Board each for
overlapping terms of three years so that every third year one position is vacant.
1. The Planning Board shall, when making appointments, ask the Historical Commission and or the
Canton Downtown Business Association for an appropriate candidate to fill vacancies on the CCDRB.
10.7.CCDRB; Organization. The CCDRB shall organize at the first meeting following annual town election.
17
The CCDRB shall elect a chairperson, vice chairperson, and a clerk. All agendas, minutes, and recommendations
must be filed with the Town Clerk, Zoning Board and Planning Board. Quarterly, the CCDRB must send a
representative to the Planning Board to give a report on a progress of the CCDRB.
49—Source page 50
ANNUAL TOWN MEETING APRIL 25, 2011
10.7.CCDRB; Administrative Procedures. It is the responsibility of the Planning Board to distribute copies
18
of plans that require design review to the members of the CCDRB. The applicant shall provide eight copies of plans
and related materials required for design review. The original copy of the CCDRB application, dated and signed by
the members of the CCDRB shall be filed with the Board of Appeals. The Office of Planning Board shall provide
CCDRB application form for all applicants.
1. It is the responsibility of the applicant to distribute the study model ( if applicable) to the Planning
Board office at the time of distribution of copies of plans that require design review.
2. The CCDRB shall within 30 days following the date such distribution is made, file a CCDRB Findings and
Recommendations Report with the Board of Appeals. Failure to file within the time designated shall be
deemed to be a recommendation the plan be approved, unless the Chairman of the CCDRB submits to the
Board of Appeals within the initial thirty day period and with the consent of the applicant, a request to
extend the time of filing for an additional thirty days.
3. Although the Zoning Board of Appeals ( ZBA) shall carefully consider the findings and recommendations
of the CCDRB when reviewing Uses and Activities Subject to Design Review, the ZBA shall not be bound
by any specific findings or recommendations.
10.7.Uses and Activities Subject to Design Review. The following uses and activities in the Canton Center
19
Economic Opportunity District shall be subject to design review:
1. Requests for sign permits submitted in accordance with the provisions of Section 6.3;
2. Requests for site plan approval submitted in accordance with Section 10.5;
3. Requests for a special permit submitted in accordance with Section 9.8, Canton Center Economic
Opportunity District; and
4. Any construction, alteration, demolition or removal of a structure or site by the Town of Canton shall
be subject to review by the Design Review Board. This includes all actions except those that are
considered to be routine maintenance.
OR WHAT IT WILL DO IN RELATION THERETO.
Petition by for George Jenkins and 12 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 15 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 90
- 0
-
PLANNING BOARD MOTION:
MOVED: That the Zoning By L
- aw be amended by adding the following Section 10.6,regarding
Canton Center Design Review:
10.6 CANTON CENTER DESIGN REVIEW
10.6. Purpose.
1 The purpose of this section is to preserve and enhance Canton Center's cultural,
economic and historical resources by providing a detailed design review of the exterior appearance of
buildings and sites located within the boundaries of the Canton Center Economic Opportunity District
The design review procedure shall:
1. Enhance the social and economic viability of Canton Center by preserving property values
and promoting the attractiveness of Canton Center as a place to live, visit and shop;
2. Protect and preserve the historic and cultural heritage of Canton Center by promoting the
50-Source page 51
ANNUAL TOWN MEETING APRIL 25, 2011
conservation of buildings or groups of buildings that have aesthetic or historic significance, or
are determined to contribute to the character of Canton Center by the Design Review Board.
3. Promote and encourage building design and building alterations that are compatible with
the existing environment and are of superior quality or appearance; and
4. Promote flexibility and variety in future development to enhance the natural and aesthetic
qualities of Canton Center.
10.
2 6.General. The Canton Center Design Review Board ( CCDRB) shall follow the Canton Center
Design Principles. The CCDRB shall keep in mind that the design of buildings is determined by (1)the
nature of the site, (2)the nature of the materials used, (3)the nature of the building itself and ( 4)the
nature of the architect.
Each building is more than a separate structure: it is part of the Canton Center Townscape. The proper
use of scale and proportion has the unique capacity to unite the different parts of the Canton Center so
that each building preserves its own identity, and yet each building blends into the whole. The
expression of tradition and culture through the scale and proportions of buildings and the spaces
between buildings defines the Canton Center Townscape.
10.6. Model. The applicant
3 shall provide a 3-dimensional Study Model ( Model) of the proposal, if
required by the Zoning Board of Appeal. At a minimum, the Model shall include, but not be limited to,
the following:
1. Proposed building(s);
2. Neighboring buildings, as determined by the CCDRB;
3. Property lines;
4. Proposed topography modeled at 2 foot intervals;
S. Location and dimensions of drives, parking areas, walks and paths;
6. Location and characteristics of any common open space, usable open space or natural open
space ( Forge Pond, Canton River);
7. Proposed Landscaping;
S. Public streets and roadways;
9. Any other significant facilities or structures deemed appropriate by the CCDRB;
10. A legend that explains the design principles employed in designing the site.
The Model shall accurately replicate the applicants proposal and be of sufficient detail to clearly
illustrate the nature of the site, the nature of the materials used, and the nature of the building. The
model shall be constructed at a scale of 1" =10', subject to the discretion of the Zoning Board of
Appeals to require a scale of 1" =5'.
10.6.
4 Canton Center Townscape. The design or redesign of buildings in Canton Center shall
acknowledge and respect the surrounding existing patterns of development, open space and natural
51—Source page 52
ANNUAL TOWN MEETING APRIL 25, 2011
resources ( Forge Pond and the Canton River).
10.6. Townscape Design; Statement of Principals.
5
1. To promote the thoughtful design or redesign of buildings within the Canton Center
Economic Opportunity District.
2. To enhance the open space between existing and proposed buildings.
3. To promote the visual and functional duality of Canton Center.
4. To promote a pedestrian friendly scale and that links the development to the surrounding
buildings, neighborhood and natural environment ( Forge Pond and the Canton River).
S. To provide buildings in scale and in proportion to the adjacent existing structures, open
space and natural and man made environment.
6. To visually relate proposed buildings to their surroundings with respect to: Height; Street
facade; Materials, texture and color; Roof slopes; Quality and quantity of open space; Human
Scale; Spacing of buildings and signs; Fenestration; Quality of open space and landscapes;
Natural environment; Handicapped pedestrian access; and Building proportions.
10.6. Open Space. The design of new or altered buildings shall insure that valuable open space
6
within Canton Center is created, and that existing open space is preserved, protected, and enhanced.
Proposals shall be consistent with the Canton Center's open space goals, policies, objectives and plans.
10.6. Open Space Design; Statement of Principles.
7
1. To provide public access to Forge Pond and the Canton River.
2. To provide enjoyable and usable private and public open space that will add to the amenities
of Canton Center.
3. Development or redevelopment shall provide public and /or private open space and enhance
adjacent open spaces. The scale, proportions, setbacks, height, and roof slopes of proposed
buildings shall be compatible with existing or newly created open space.
4. Existing landscaping and landforms shall be incorporated into plans and used to the
advantage of the design.
S. To provide small parks with benches and other amenities that are accessible to the general
public.
6. Non - surface off -street parking shall be provided to minimize paved s surface areas,
wherever possible.
10.6. Preservation
8 and Enhancement of Landscape. The design of new or altered buildings shall
insure the integration of existing vegetation, landforms and water resources ( Forge Pond /Canton
River) into development plans, keeping in mind the relationship of the natural environment to
surrounding properties and the Canton Center Townscape. All development or redevelopment within
the Canton Center Economic Opportunity District is encouraged to exceed the landscaping and
screening requirements of the Zoning By l-aw.
52-Source page 53
ANNUAL TOWN MEETING APRIL 25, 2011
10.6. Preservation
9. and Enhancement of Landscape Design; Statement of Principles.
1. To promote the skillful use of existing topography, landforms and landscaping, including the
preservation of natural landscaping by minimizing tree and soil removal and the restoration of
landscaping and wildlife habitat to its natural state.
2. To provide landscaping and grades changes that either strengthen or buffer the visual
relationship with surrounding areas.
3. Provide trees, shrubs and groundcovers noted for longevity, low maintenance requirements,
attractive appearance, ability to survive, and screening ability.
4. Plant evergreens to provide an effective year round buffer between business and residential
areas.
S. Provide plantings, planters and flower boxes to visually break up paved areas and /or to
enhance an ordinary facade.
6. Plant additional street trees and landscaping in public areas when projects impact the public
streetscape.
7. Provide seasonal decorations, benches, etc.
10.6.Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of
10
a shopping district. To maximize their effectiveness, every sign and awning shall be an integral part of
its building, and each shall be complementary to adjacent signs and awnings. As a result, they become
part of an overall image, each sign and awning supporting the other and each helping to draw
customers. All signs and awnings shall conform to the maximum area height, number, setback and
illumination requirements set forth in Zoning By l-aw Section 6.3.
10.6. Signs and Awnings
11 Design; Statement of Principles.
1. Signs and awnings shall be compatible throughout Canton Center.
2. The size, location, design, color, texture, lighting and materials of signs and awnings shall
be compatible with and complementary to the New England " Colonial" or New England
Victorian" style.
3. Signs and awnings on the same building or on a series of attached buildings shall have
consistency of size, location, design, color, texture, lighting, materials and expression.
4. Signs and awning shall be carefully integrated with the building facade.
S. Place sign and awnings consistent with architectural details and not in conflict with building
details such as cornices, arches, lintels, pediments, windows, pilasters, etc.
6. Mount signs and awnings to align with other signs on the building, or installed within the
natural sign band formed by the building' s details and cornices.
7. Signs shall not overpower the rest of the storefront, and be attractive as designs in
53-Source page 54
ANNUAL TOWN MEETING APRIL 25, 2011
themselves.
S. The design of lettering, materials and colors shall result in good visibility and be compatible
and complementary with other signs and awnings on the building.
9. Simple graphic symbols that are easily recognizable and clearly identify the particular good
or services being offered are the best.
10. Lettering shall be legible and oriented to the pedestrian on the sidewalk and to slow
moving traffic. There is no need to design signs for fast moving vehicles.
11. Signs and awnings shall creatively express the nature of the business in a New England
Colonial" or New England " Victorian" style.
10.6. Heritage
12 Structures. The Canton Center Design Review Board ( CCDRB) shall insure that
proposed new buildings respect adjacent Heritage Structures. When appropriate, the Design Review
Board will consult with and request opinions and information from the Historical Commission regarding
Heritage Structures.
1. The CCDRB shall prepare a " Canton Center Heritage Structure Survey and Findings Report"
which shall identify the building or groups of buildings within the Canton Center Economic
Opportunity District that have aesthetic or historic significance or are determined to contribute
to the character of Canton Center. Heritage Structures are defined as: (1)Historic Structures,
2)noteworthy Period Structures, and ( 3)structures or groups of structures determined to
contribute to the character of Canton Center as determined by the CCDRB. The CCDRB shall
promote the preservation of Heritage Structures and shall actively advocate for their
rehabilitation.
10.6. Heritage Structures
13 Design; Statement of Principles.
1. Rehabilitation of Heritage Structures shall be done with sensitivity to the structure, with as
little deviation as possible from the design intent of the original building. Proposals for a facade
renovation or new building construction that use a particular historical style or period style
shall utilize accurate elements of that style.
2. Architectural or Period elements of Heritage Structures shall be preserved during any
additions, renovations, or conversions. Sign and facade alterations shall not conceal
architectural elements. The covering or removal or original facade elements ( columns,
pilasters, fenestration, arches, lintels, and decorative elements) shall not be allowed.
3. The renovation or alteration of Heritage Structures shall maintain size and proportions of
windows and doors; windows and doors shall not be enlarged. Any new work shall fit within
the scale of the existing windows and doors and repeat the window and door rhythms that
already exist.
4. The renovation or alteration of Heritage Structures shall maintain the original materials if
possible; new materials shall reflect and maintain the original textures and visual effect.
5. The renovation or alteration of Heritage Structures shall maintain or replace if previously
removed front porches. Front porches are attractive, provide important balance to the building,
and present a historically functional part of the building.
6. The renovation or alteration of Heritage Structures shall maintain or replace if previously
54—Source page 55
ANNUAL TOWN MEETING APRIL 25, 2011
removed building details such as molding, coping lines or parapets, columns and piers.
7. The renovation or alteration of Heritage Structures shall install signage that is fitting with
the image of the building, often small - scaled to remain dignified.
S. The renovation or alteration of Heritage Structures shall provide color schemes typical of
original building.
9. The renovation or alteration of Heritage Structures shall remove false building fronts
including fascia panels, mansard roofs, and any other material that covers and disrupts the
original building detail.
10. The renovation or alteration of Heritage Structures shall conceal all mechanical equipment
on roofs, including metal chimneys, and at grade from view. An elevator penthouse, if added,
shall be placed to minimize its visibility and shall be integrated into the design of the building
so as to not detract from the significant architectural elements of the building or streetscape.
11. The impacts of new construction on adjacent Heritage Structures shall be minimized. Such
devices as building placement, spatial design and landscaping may be used to mitigate impacts
on historical structures.
10.6. Canton Center Design Review Board; Composition. The CCDRB shall consist of five members
14
who shall be appointed by and serve at the pleasure of the Planning Board. The Planning Board shall
strive to have represented the following:
1. One member of the Historical Commission or a person recommended by the Historical
Commission.
2. One person qualified by training and experience in architecture, landscape architecture or in
the art or design profession.
3. One person recommended by the Canton Downtown Business Association.
4. Two persons at large.
The Planning Board shall appoint one alternate member for a term of one year. No elected official may
be a member or alternate of the CCDRB.
10.6.CCDRB; Method of Appointment.
15 Each member shall be appointed by the Planning Board each
for overlapping terms of three years so that every third year one position is vacant.
1. The Planning Board shall, when making appointments, ask the Historical Commission and or
the Canton Downtown Business Association for an appropriate candidate to fill vacancies on
the CCDRB.
10.6.CCDRB; Organization.
16 The CCDRB shall organize at the first meeting following annual town
election. The CCDRB shall elect a chairperson, vice chairperson, and a clerk. All agendas, minutes, and
recommendations must be filed with the Town Clerk, Zoning Board and Planning Board. Quarterly, the
CCDRB must send a representative to the Planning Board to give a report on a progress of the CCDRB.
10.6.CCDRB; Administrative
17 Procedures. It is the responsibility of the Planning Board to distribute
55—Source page 56
ANNUAL TOWN MEETING APRIL 25, 2011
copies of plans that require design review to the members of the CCDRB. The applicant shall provide
eight copies of plans and related materials required for design review. The original copy of the CCDRB
application, dated and signed by the members of the CCDRB shall be filed with the Board of Appeals.
The Office of Planning Board shall provide CCDRB application form for all applicants.
1. It is the responsibility of the applicant to distribute the study model ( if applicable) to the
Planning Board office at the time of distribution of copies of plans that require design review.
2. The CCDRB shall within 30 days following the date such distribution is made, file a CCDRB
Findings and Recommendations Report with the Board of Appeals. Failure to file within the time
designated shall be deemed to be a recommendation the plan be approved, unless the
Chairman of the CCDRB submits to the Board of Appeals within the initial thirty day period and
with the consent of the applicant, a request to extend the time of filing for an additional thirty
days.
3. Although the Zoning Board of Appeals ( ZBA) shall carefully consider the findings and
recommendations of the CCDRB when reviewing Uses and Activities Subject to Design Review,
the ZBA shall not be bound by any specific findings or recommendations.
10.6. Uses and Activities Subject to Design Review. The following uses and activities in the Canton
18
Center Economic Opportunity District shall be subject to design review:
1. Requests for sign permits submitted in accordance with the provisions of Section 6.3;
2. Requests for site plan approval submitted in accordance with Section 10.5;
3. Requests for a special permit submitted in accordance with Section 9.8, Canton Center
Economic Opportunity District; and
4. Any construction, alteration, demolition or removal of a structure or site by the Town of
Canton shall be subject to review by the Design Review Board. This includes all actions except
those that are considered to be routine maintenance.
PLANNING BOARD VOTE: 40
- 0
-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted unanimously to defer to the Planning
Board. The Canton Center Design Review By -law has been part of the Canton Zoning bylaws for about 10 years. A
re-codification of our zoning bylaws took place last year, and was approved at Town Meeting. This re-codification
inadvertently omitted the section on the Canton Center Design Review. The sponsors of this article are merely
trying to correct the omission and reinsert the section back into the zoning Bylaws.
PLANNING BOARD DISCUSSION: The Planning Board supports the inclusion of this Article as it was
inadvertently omitted during the 2010 recodification of the Zoning By -Laws. This article creates the Canton Center
Design Review Board and establishes the guidelines it must follow in evaluating development in Canton Center.
APPROVED DISAPPROVED
56—Source page 57
ANNUAL TOWN MEETING APRIL 25, 2011
PROPOSED ZONING BY LAW
- AMENDMENT BY ADDING SECTION 9.8 CANTON CENTER ECONOMIC
OPPORTUNITY DISTRICT ( CCEOD)
Article 16 To see if the Town Meeting will vote to amend the Zoning By l-aw by adding the following Section
regarding the Canton Center Economic Opportunity District ( CCEOD):
9.8 CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT ( CCESOD)
9.
18. Subdistricts. The CCEOD is divided into two separate and distinct subdistricts of Canton Center. The
Subdistrict Revitalization Areas are shown on a map entitled "Canton Center Economic Opportunity District (Priority
Revitalization Area " A" and Revitalization Area " B ") prepared by the Canton Planning Department and dated
December 20, 2004, which map is hereby incorporated by reference in this Section 9.8. The subdistricts are as
follows:
1. 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 Peyuit Street in the vicinity of Washington Street, to the Northern
border of the District.
2. Priority Revitalization Area "B ":That area of Canton Center that runs (1)along Washington Street
from Sherman Street to Lewis Street, a distance of approximately 1000 linear feet, but excluding ( 2)that
area of land designated as Industrial that runs along Peyuit Street in the vicinity of Washington Street to
the Northern border of the District.
Certain activities in the Priority Revitalization Areas A and B are subject to Design Review as set forth
in Section 10.7.
9.
28. Priority Revitalization Area " A "; Purpose. Priority Revitalization Area " A" is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment in the Canton Center that will generate employment and tax revenue.
2 • To provide additional planning flexibility for projects located in Canton Center, including enhancing the
coordination of the project with the environmental and natural features of the development site.
3. To encourage mixed -use development, including but not limited to, offices, retail shops, and multi-
family housing.
4. To permit and encourage the development of parks and open spaces, which would be available for use
by the general public, as a condition for the grant of a special permit pursuant to this Section 5.
61
authorizing an increase in the otherwise permissible density of population or intensity of a particular use in
a proposed development pursuant to the requirements of this Section.
5. To permit the use of new development standards which will promote the desired changes in Canton
Center.
6. To provide information on the potential impacts of a proposed development.
7. To enable the Special Permit Granting Authority ( SPCA) to require adherence to "Site Development and
Use Plans" in the granting of a special permit.
9.
38. Priority Revitalization Area - A ";Definitions. For the special purposes of Area "A ",the following words
and phrases shall have the meaning hereinafter indicated:
Building Height: Building height shall be limited as set forth in this Section and measured as set forth in
the State Building Code 780 CMR 101.0 et seq.
57-Source page 58
ANNUAL TOWN MEETING APRIL 25, 2011
Buildable Lot Area: A buildable lot area shall be a single continuous tract of land located entirely within
Priority Revitalization Area " A" which is contiguous with the frontage, and which excludes any land defined
as a " Resource Area" under the Massachusetts Wetlands Protection Act ( G.L. c. 131, s. 40) and any
required yard area.
Gross square feet of nonresidential floor area: The total nonresidential floor area contained within
exterior walls but does not include basement space used for heating and utilities, storage or for
automobile parking.
4
9. 8. Priority Revitalization Area - A ";Scope of Authority. Priority Revitalization Area " A"shall be an overlay
district and shall not restrict the owner's rights relative to the underlying zoning districts. However, if the owner
selects to use Priority Revitalization Area " A" for development purposes, the development shall conform to the
requirements of this Section for Priority Revitalization Area " A ".
5
9. 8. Priority Revitalization Area - A ";Special Permit Granting Authority. The Board of Appeals is hereby
designated as the Special Permit Granting Authority ( SPGA) for all purposes in Priority Revitalization Area " A ". All
special permit applications shall conform to the standards and criteria of this Section and the Zoning Board of
Appeals Rules and Regulations governing the administration of applications for special permits.
6
9. 8. Priority Revitalization Area - A ";Applicability. In Priority Revitalization Area " A ", no building shall be
constructed or externally enlarged, and no use shall be expanded in ground area, or established in an existing
building except in conformity with a special permit issued by the Board of Appeals and a Site Development and Use
Plan that bears the endorsement of approval by the Board of Appeals. Requirements and Procedures for approval of
such Site Development and Use Plan shall be in accordance with Section 10.5 and this Section.
9.
7 8. Priority Revitalization Area -A ";Special Permit Criteria. In addition to the specific criteria contained
within Section 10.4, the SPGA shall issue a special permit for development within Priority Revitalization Area " A"
only after consideration of the project's compliance with the following additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Adequacy of the provision of open space, its accessibility to the general public, and /or its association
with adjacent or proximate open space areas;
3. Suitability of the site for the proposed use(s);
4. Impact on traffic and pedestrian flow and safety;
5. Impact on the visual character of the neighborhood;
6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; and
7. Degree to which the proposed project complies with the goals of the Canton Center Revitalization Plan
and the provisions of this Section.
8
9. 8. Priority Revitalization Area "A ";Special Permit Uses. Within Priority Revitalization Area "A ",the Board
of Appeals may issue a special permit authorizing the following uses. No building or structure shall be designed,
arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other
than for one or more of the uses herein set forth as permissible by special permit.
1. Apartment houses or buildings.
2. Retail stores and offices including salesrooms and showrooms, consumer service establishments,
58—Source page 59
ANNUAL TOWN MEETING APRIL 25, 2011
business and professional offices, executive and administrative offices, banks and other institutions.
3. All uses allowed by right or by special permit in the underlying zoning district.
4. Restaurant and other on-premises eating and drinking establishments.
9.
98. Priority Revitalization Area "A ";Standards.
1. Minimum Lot Size. The minimum lot size is 10,000 square feet of "buildable lot area."The lot must
contain the " buildable lot area" in a single, contiguous site within the boundaries of Priority Revitalization
Area "A ". No portion of a way or street, as defined by the by law - may be included in computing the
minimum required " buildable lot area ".
2. Lot Coverage. No building shall be constructed so as to cover, together with any other building on the
lot, more than fifty (50) percent of the "buildable lot area ".
3. Minimum Lot Frontage and Access. Lots with over 60,000 sq. ft. of "buildable lot area" shall have a
minimum frontage of one hundred twenty ( 120) feet and at least one means of ingress /egress. Each
means of ingress /egress shall have a continuous frontage of not less than sixty feet.
4. 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
nonresidential uses.
One dwelling unit per 2,
000 sq. ft. of "buildable lot area ", plus
b. Three thousand (3,
000) gross square feet of nonresidential floor area per 10,000 sq. ft.
of "buildable lot area" or portion thereof.
5. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be nearer to the
line of any street than the " required setback distance" or nearer to the sidelines of its lot than the
required side yard width" or nearer to the rear line of its lot than the "required rear yard depth" specified
below. The required setback distance shall be measured from the nearest exterior line of the street in
question.
Required Setback Distance — 15 feet
Required Side Yard Width — N/A
Required Rear Yard Depth — 25 feet
6. Storage or Display. No storage or display of goods, products, materials or equipment, vending
machines or similar commercial devices shall be located nearer to the line of any street than the permitted
setback distance for a building on the lot.
7. Change of Lot. 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.
8. Height Regulations. No building shall be constructed to exceed forty ( 40) feet in height or a total of
59—Source page 60
ANNUAL TOWN MEETING APRIL 25, 2011
three ( 3)stories ( for commercial or residential use),whichever is lower.
10
9. 8. Priority Revitalization Area "A ";Common Open Land. Each site is encouraged to have Common
Open Land for use by the general public. The open space shall have a shape, dimension, character and location
suitable to assure its use for park or open space purposes by the general public, and seventy -five percent (75 %) of
the land to be considered as Common Open Land shall be contiguous and no piece of land to be included as part of
the calculation of Common Open Land shall consist of a piece less than 200 square feet in size.
11
9. 8. Priority Revitalization Area "A "; Parking Requirements. In Priority Revitalization Area " A ", there
shall be provided and maintained improved off -street automobile parking in connection with the erection,
establishment or increase in units or dimensions of buildings, structures and uses, in the following amounts:
1. For dwelling units one parking space per each bedroom.
2. For restaurants and other on premises eating and drinking establishments, not less than one ( 1)
parking space for each six ( 6) seats, subject to the discretion of the Zoning Board of Appeals to require
additional parking space. Where benches are used, not less than one ( 1) parking space for each six ( 6)
feet of bench, subject to the discretion of the Zoning Board of Appeals to require additional parking space.
3. For retail stores and offices including salesrooms and showrooms, consumer service establishments,
public administration buildings, business and professional offices, executive and administrative offices,
banks and other financial institutions one parking space for each two hundred fifty ( 250) square feet of
gross floor area. For the purpose of this section, "gross floor area" means the total floor area contained
within exterior walls, but does not include basement space used for hearing and utilities, storage or for
automobile parking.
4. Uses not listed herein shall comply with the parking space requirements of the Zoning By L
- aw Section
5.1 Off -Street Parking.
12.
9. 8. Priority Revitalization Area "A ";Below Grade Structured Parking. Below grade automobile parking
shall be permitted within the basements of buildings provided that such " structured basement" automobile parking
is exclusively reserved for motor vehicles of residents or employees of the development.
1. Below grade structured parking may be designed to allow two cars to park in "tandem ". In such cases,
each of the two "tandem" parking spaces shall be counted as providing a parking space for the purpose of
meeting the off street parking requirement of this by law.
- "Tandem" parking is defined as two parking
spaces placed one behind another in single file.
9.
13
8.Priority Revitalization Area -A ";Miscellaneous Parking Requirements.
1. In the case of mixed uses, the parking spaces required shall be the sum of the requirement for the
various individual uses, computed separately in accordance with this section. Parking spaces for one use
shall not be considered as providing the required parking spaces for any other use unless it can be clearly
demonstrated to the Zoning Board that the need for parking occurs at different times.
2. A change in the use of the premises or in the configuration of the building or lot subject to a special
permit and site development and use plan issued pursuant to this Section shall require the special permit
holder to apply to the Board of Appeals for a modification of the number of off street parking spaces
required pursuant to such special permit and plan if such change, alone or in combination with previous
changes, would require an increase or decrease of more than 10%in the number of off street parking
spaces required pursuant to this Section.
3. 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
60—Source page 61
ANNUAL TOWN MEETING APRIL 25, 2011
substantial portion of which at least is within three hundred ( 300) feet of the generator.
4.
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 5.1 Design Standards shall be
considered the minimum criteria for evaluating such design.
5. In addition to the requirement for automobile parking spaces there shall also be provided for each
building or group of buildings sufficient off -street loading space to insure that all loading operations take
place off the public way. Loading spaces and access drives leading to loading spaces shall be so designed
that vehicles to be loaded or unloaded are not required to maneuver in the public way to enter or leave
the designed loading area. The provisions of Section 5.1 Loading Areas shall be considered the minimum
criteria for evaluating such design.
14
9. 8. Priority Revitalization Area " A ";Signs and Advertising Devices. The provisions of Section 4.1 Signs
and Advertising Devices is adopted for the regulation and restriction of billboards, signs and other advertising
devices with the Canton Center Economic Opportunity District.
9.
15 8. Priority Revitalization Area "A ";Certified Acoustical Barriers. No activity or use shall be allowed
which causes exterior noise levels to exceed a day n- ight average sound level of 65 decibels ( 65 L dn) at the lot
line; no dwelling unit shall be located where exterior noise levels exceed a day n - ight average sound level of 65
decibels ( 65 L dn);and no dwelling unit shall be constructed which allows interior noise levels to exceed a day -
night average sound level of 45 decibels ( 45 L dn).The day n - ight average sound level ( L dn) is the 24 h - our
average sound level, in decibels; resulting from the accumulation of noise from all sources contributing to the
external noise environment of the site with 10 decibels added to sound levels occurring from 10:00 a.m. to 7: 00
p.m. The day -night average sound level ( L dn) shall be determined in accordance with The Code of Federal
Regulations Title 24-Housing and Urban Development, Part 51 Environmental Criteria and Standards ( 24 CFR 51).
16
9. 8. Priority Revitalization Area " A "; Affordable Units. As a condition for the grant of a special permit
pursuant to this Section authorizing an increase in the otherwise permissible density or population or intensity of a
particular use in a proposed development pursuant to the requirements of this Section, at least fifteen percent
15 %) of the dwelling units shall be deed restricted in perpetuity, except for four units or less, the Board may
decide to waive this requirement; for Occupancy by persons earning not more than eighty ( 80) percent of the area
median income as defined and regulated by the Commonwealth' s Department of Housing and Community
Development, and 20% shall be for low income persons. Such affordable housing units shall be integrated into the
overall development so as to prevent the physical segregation of such units and otherwise shall be
indistinguishable from market rate units except in size and interior finishing and appliances.
17
9. 8.Priority Revitalization Area "A ";Alternative Units: As an alternative to including affordable units as
set forth immediately above, the applicant may include affordable units under Mass. Housing' s Priority
Development Fund where at least b 2011 / of the units must be affordable to low income persons as defined and
regulated by the Commonwealth' s Department of Housing and Community Development and which development
must incorporate Smart Growth principles including without limitation locating in town center, reuse of existing
structures, locating around transportation sites, and preserving natural resources, and including Canton Center
Economic Opportunity District.
18
9. 8. Priority Revitalization Area "A "; Preference. As a condition of approval, the Zoning Board of Appeals
shall require that, to the maximum extent allowable under applicable law, Canton residents be given first
preference in the purchase or renting of affordable units, and the fees for all services will be negotiated between
the Authority and the Developer, within the Canton Center Economic Opportunity District Development as provided
for herein
1. For those dwelling units specified as affordable, the Zoning Board of Appeals shall require that, to the
maximum extent allowable under applicable law, the Canton Housing Authority be given priority with
regard to the selection process of residents.
9.
19
8. Priority Revitalization Area " B "; Purpose. The Revitalization Area " B" is established for the
61—Source page 62
ANNUAL TOWN MEETING APRIL 25, 2011
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and economic
investment in the Canton Center that will generate employment and tax revenue.
2. To provide additional planning flexibility for projects and to enhance the coordination of the project
with the environmental and natural features of the development site.
3. To encourage mixed -use development of business and professional offices and multi - family housing.
4. To permit the use of new development standards which will retain the sites' present character.
5. To provide information on the potential impacts of a proposed development.
6. To enable the Special Permit Granting Authority ( SPGA) to require adherence to " Site Development
and Use Plans" in the granting of a special permit.
9.
20 8. Priority Revitalization Area "B "; Definitions. For the special purposes of Revitalization Area " B ", the
following words and phrases shall have the meaning hereinafter indicated:
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance
of a special permit for construction of a Revitalization Area " B"development, within Revitalization Area " B"
hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed
site, or have authority from the owner(s) to act for him or hold an option or contract duly executed by the
owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
Buffer: An area within the Revitalization 'B" Development adjacent to the boundaries, streams and
ponds, which may not be developed except as provided herein.
Business and Professional Office: The office of one skilled in an occupation that primarily services
clients or patients rather than retail customers including, but not limited to the office of a doctor, lawyer,
dentist, architect, engineer, landscape architect, real estate agent, insurance agent, or the studio of an
artist, musician or teacher, or the workroom of a dressmaker or milliner or photographer.
Development Schedule: A schedule showing the order and timing of construction and the sequence of
the improvements to be built or furnished in the Revitalization Area ' B" site, separated into stages where
applicable.
Height Regulations: Building height shall be limited as set forth in this Section and measured as set
forth in the State Building Code 780 CMR 101.0 et seq.
Open Space: Open Space is defined as an area of land containing no building or structure, or impervious
material. In the event that natural materials ( i.e. brick, pavers, etc.) are used in the construction of
walkways, courtyards, patios, etc., allowing such surfaces to be pervious, the area of these surfaces can
be credited toward the open space requirement.
Regulations: The applicable rules and regulations of the Zoning Board relative to special permits and site
plans. The Zoning Board of Appeals, as the Special Permit Granting- Authority, reserves the right to
modify and /or waive any and all requirements described in this Section.
Upland: Land without a wet area and not subject to flooding.
Wetlands: All land subject to the provisions of Massachusetts G.L. c. 131, ss. 40 and 40A and o
/ r the
Town's Wetlands By Law.
-
62—Source page 63
ANNUAL TOWN MEETING APRIL 25, 2011
21
9. 8. Priority Revitalization Area - 13 "; Scope of Authority. Revitalization Area " B" is an overlay zoning
district. If the landowner selects to file a development plan in conformance with the requirements of Revitalization
Area " B ", the development shall conform to the objectives, standards and criteria specified by the Revitalization " B"
overlay zoning by law.
- If the landowner selects to file a development plan in conformance with the requirements
of underlying zoning district, the development shall conform to the objectives, standards and criteria specified by
the underlying zoning district.
22
9. 8.Priority Revitalization Area "B ";Special Permit Granting Authority. The Board of Appeals is hereby
designated as the Special Permit Granting Authority ( SPGA) for all purposes im Revitalization Area " B ". All special
permit applications shall conform to the standards and criteria of this Section and the Zoning Board of Appeals
Rules and Regulations ( " Regulations ") governing the administration of applications for special permits.
9.
23
8. Priority Revitalization Area - A "; Applicability. In Revitalization Area " B ", no building shall be
constructed or externally enlarged, and no use shall be expanded in ground area, or established in an existing
building except in conformity with a special permit issued by the Board of Appeals and a Site Development and Use
Plan that bears the endorsement of approval by the Board of Appeals. Requirements and Procedures for approval of
such Site Development and Use Plan shall be in accordance with Section 10.5 and this Section.
24
9. 8.Priority Revitalization Area -13 "; Special Permit Criteria. In addition to the specific criteria set forth in
Section 10.4, the SPGA shall issue a special permit for development within the Revitalization Area " B"only are
consideration of the project's compliance with the following additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Suitability of the site for the proposed use(s);
3. Impact on traffic and pedestrian flow and safety;
4. Impact on the visual character of the neighborhood:
5. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; and
6. Degree to which the proposed project complies with the goals of the Canton Center Revitalization Plan
and the provisions of this Section.
9.
25
8.Priority Revitalization Area -13 "; Specially Permitted Uses. Within Revitalization Area " B ", the Board
of Appeals may issue a special permit for the following uses. No building or structure shall be designed, arranged
or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for
one or more of the uses herein set forth as permissible by special permit.
1. Apartment houses or buildings.
2. Business and Professional offices.
3. All uses allowed by right in the underlying zoning district.
9.
26
8. Priority Revitalization Area "B ";Standards.
1. Minimum Lot Size. The minimum lot size is 10,000 square feet of lot area. The lot must be a single,
contiguous site within the boundaries of Revitalization Area " B."No portion of a way or street, as defined
by the by law
- may be included in computing the minimum required lot area.
63-Source page 64
ANNUAL TOWN MEETING APRIL 25, 2011
2. Lot Coverage. No building shall be constructed so as to cover, together with any other building on the
lot, more than thirty ( 30 %) percent of the lot area.
3. Minimum Lot Frontage and Access. Lots shall have a minimum of seventy -five feet (75')of continuous
frontage. Each means of ingress /egress shall have a continuous frontage of not less than seventy -five feet
75').
4. Density, Mix of Uses and Infrastructure Standards. Within a Revitalization Area " B" Development, no
building or structure shall be designed, arranged or constructed and no building, structure or land shall be
used, in whole or in part, which exceeds the densities, either individually or in combination, specified
below.
a. No building shall be constructed so as to cover, together with any other building on the
lot, more than thirty percent ( 30 %) of the lot area. There may be no more than one dwelling unit
per 4, 000 square feet of lot area.
b. Two thousand (2,
000) gross square feet of non - residential floor area per 10,000 sq. ft.
of lot area or portion thereof.
5. Mix of Uses. On the ground floor of the building shall only be permitted business or professional office
uses. On all above ground floors shall only be permitted multi - family residential units.
6. Infrastructure Standards. All utilities and services shall be placed underground. Private driveways
servicing the site shall be sized to adequately serve the intended vehicular and pedestrian traffic. Private
driveways shall strive to conform to the Rules and Regulations of the Canton Planning Board governing the
subdivision of Land, the Canton Department of Pubic Works Regulations regarding water, sewer and storm
drainage, and any other applicable regulation and /or standards of the town.
7. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be nearer to the
line of any street than the "front yard setback requirements" or nearer to the sidelines of its lot than the
side yard setback requirements" or nearer to the rear line of its lot than the " rear yard setback
requirements" or on a lot that does not comply with the lot width requirements specified below.
8. Lot Width Requirements: Each lot shall have a lot width of not less than one hundred feet (100')at the
front yard setback line and the rear yard setback line.
9. Front Yard Setback. Each lot shall have a front yard setback requirement of not less than thirty feet
30')and a side yard setback requirement of not less than ten feet ( 10')from the nearest point on any
exterior wall of the building.
10. Rear Yard Setback. Each lot shall have a rear yard setback requirement of not less than thirty f-ive
feet (35').
11. Height Regulations. No building shall be constructed to exceed the height of the underlying zoning or
thirty s
- ix feet (36'),
whichever is lower. Maximum building height shall be measured as set forth in the
State Building Code 780 CMR 101.0 et seq.
27
9. 8. Priority Revitalization Area - B "; Open Space, Common Open Land and Buffers. At a minimum,
each site shall have thirty percent ( 30 %) of its lot area designated as Open Space. Open Space is defined as an
area of land containing no building or structure or impervious material.
1. The proposed development is encouraged to have Common Open Space for use by the general public.
64—Source page 65
ANNUAL TOWN MEETING APRIL 25, 2011
The Common Open Space shall have a shape, dimension, character and location suitable to assure its use
for park or open space purposes by the general public. Such Common Open Space may be provided as a
condition for the grant of a special permit pursuant to this Section 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.
2. Areas which shall be credited toward the Open Space requirement include
a. Side, rear and front yard setbacks.
b. Buffer areas.
C. The area of surfaces that use natural materials (i.
e. brick, bluestone, etc.)in the
construction of walkways, courtyards, patios, etc.
d. Common Open Space.
28
9. 8. Priority Revitalization Area - B "; Parking Requirements. In Revitalization Area " B ", there shall be
provided and maintained improved off - street automobile parking in connection with the erection, establishment or
increase in units or dimensions of buildings, structures and uses, in the following amounts:
1. For dwelling units one parking space per each bedroom.
2. Noresidential uses shall comply with the parking space requirements of the Zoning By Law
- Section 6.1
Off - Street Parking.
3. Below grade structured automobile parking shall be permitted within the basements of buildings
provided that such "structured basement" automobile parking is exclusively reserved for motor vehicles of
residents or employees of the development.
4. 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.
5. A change in the use of the premises or in the configuration of the building or lot subject to a special
permit and site development and use plan issued pursuant to this Section shall require the special permit
holder to apply to the Board of Appeals for a modification of the number of off street parking spaces
required pursuant to such special permit and plan if such change, alone or in combination with previous
changes, would require an increase or decrease of more than 10 11o/ in the number of off-street parking
spaces required pursuant to this Section.
6. Off - street automobile parking spaces, to the extent required in this Section, shall be provided on the
same lot or premises with the parking generator.
7. Off - street parking facilities and connecting drives between such facilities and the street shall be
designed to insure the safety and convenience of persons traveling within or through the parking area,
and between the parking facility and the street. The provisions of Section 6.1 shall be considered the
minimum criteria for evaluating such design.
8. In addition to the requirement for automobile parking spaces there shall also be provided for each
building or group of buildings sufficient off -street loading space to insure that all loading operations take
place off the public way. Loading spaces and access drives leading to loading spaces shall be so designed
that vehicles to be loaded or unloaded are not required to maneuver in the public way to enter or leave
the designated loading area. The provisions of Section 6.2, Loading Areas, shall be considered the
minimum criteria for evaluating such design.
29
9. 8. Priority Revitalization Area "B ";Signs and Advertising Devices. The provisions of Section 6.3 are
adopted for the regulation and restriction of billboards, signs and other advertising devices within the Revitalization
Area "B ".
9.
30 8. Priority Revitalization Area - B "; Certified Acoustical Barriers. No activity or use shall be allowed
which causes exterior noise levels to exceed a day n - ight average sound level of 6.5 decibels at the lot line; no
dwelling unit shall be located where exterior noise levels exceed a day n
- ight average sound level of 65 decibels;
and no dwelling unit shall be constructed which allows interior noise levels to exceed a day n- ight average sound
65—Source page 66
ANNUAL TOWN MEETING APRIL 25, 2011
level of 4.5 decibels. The day -night average sound level ( L dn) is the 24 h- our average sound level, in decibels,
resulting from the accumulation of noise from all sources contributing to the external noise environment of the site
with 10 decibels added to sound levels occurring from 10:00 a.m. to 7: 00 p.m. The day -night average sound level
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).
31
9. 8. Priority Revitalization Area " B "; Affordable Units. As a condition for the grant of a special permit
pursuant to this Section authorizing an increase in the otherwise permissible density of population or intensity of a
particular use in a proposed development pursuant to the requirements of this Section, at least fifteen percent
15 %) of the dwelling units shall be deed restricted in perpetuity, except for four units or less, the Board may
decide to waive this requirement; for occupancy by persons earning not more than eighty percent of the area
median income as defined and regulated by the Commonwealth' s Department of Housing and Community
Development and 20% shall be for low income persons. Such affordable housing units shall be integrated into the
overall development so as to prevent the physical segregation of such units and otherwise shall be
indistinguishable from market rate units except in size and interior finishing and appliances.
9.
32
8. Priority Revitalization Area " B "; Alternative to Affordable Units: As an alternative to including
affordable units pursuant to Section 31, 9. 8.the applicant may include affordable units under Mass. Housing's
Priority Development Fund where at least 20% of the units must be affordable to low income persons as defined
and regulated by the Commonwealth' s Department of Housing and Community Development and which
development must incorporate Smart Growth principles including without limitation locating in town center, reuse
of existing structures, locating around transportation sites, and preserving natural resources, and including Canton
Center Economic Opportunity District.
33
9. 8. Priority Revitalization Area - B "; Preference. As a condition of approval, the Zoning Board of Appeals
shall require that, to the maximum extent allowable under applicable law, Canton residents be given first
preference in the purchase or renting of affordable units, and the fees for all services will be negotiated between
the Authority and the Developer, within the Canton Center Economic Opportunity District Development as provided
for herein.
1. For those apartment units specified as affordable, the Zoning Board of Appeals shall require that, to
the maximum extent allowable under applicable law, the Canton Housing Authority be given priority with
regard to the selection process of residents.
OR WHAT IT WILL DO IN RELATION THERETO.
Petition by for George Jenkins and 13 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 16 be deferred to the Planning Board.
J1 I 418101
1[
_ a] 5 1 5 1 1fi944LYLS11 94 1II1III]
PLANNING BOARD MOTION:
MOVED: That the Zoning By l-aws be amended by adding the following Section 9.7 regarding the
Canton Center Economic Opportunity District ( CCEOD):
9.7 CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT ( CCEOD)
9.
1 7. Subdistricts. The CCEOD is divided into two separate and distinct subdistricts of Canton Center.
The Subdistrict Revitalization Areas are shown on a map entitled " Canton Center Economic Opportunity
District ( Priority Revitalization Area " A"and Revitalization Area - B ") prepared by the Canton Planning
Department and dated December 20, 2004, which map is hereby incorporated by reference in this
Section 9.
8. The subdistricts are as follows:
1. 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.
2. Priority Revitalization Area " B ": That area of Canton Center that runs ( 1)along Washington
Street from Sherman Street to Lewis Street, a distance of approximately 1000 linear feet, but
excluding ( 2)that area of land designated as Industrial that runs along Pequit Street in the
66—Source page 67
ANNUAL TOWN MEETING APRIL 25, 2011
vicinity of Washington Street to the Northern border of the District.
Certain activities in the Priority Revitalization Areas A and B are subject to Design Review as set forth
in Section 10.6.
9.
2 7. Priority Revitalization Area - A "; Purpose. Priority Revitalization Area " A" is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and
economic investment in the Canton Center that will generate employment and tax revenue.
1 • To provide additional planning flexibility for projects located in Canton Center, including
enhancing the coordination of the project with the environmental and natural features of the
development site.
3. To encourage mixed -use development, including but not limited to, offices, retail shops, and
multi - family housing.
4. To permit and encourage the development of parks and open spaces, which would be
available for use by the general public, as a condition for the grant of a special permit pursuant
to this Section 9.7 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.
S. To permit the use of new development standards which will promote the desired changes in
Canton Center.
6. To provide information on the potential impacts of a proposed development.
7. To enable the Special Permit Granting Authority ( SPCA) to require adherence to " Site
Development and Use Plans" in the granting of a special permit.
9.
3 7. Priority Revitalization Area " A "; Definitions. For the special purposes of Area - A ",the following
words and phrases shall have the meaning hereinafter indicated:
Building Height: Building height shall be limited as set forth in this Section and measured as set
forth in the State Building Code 780 CMR 101.0 et seq.
Buildable Lot Area: A buildable lot area shall be a single continuous tract of land located
entirely within Priority Revitalization Area " A" which is contiguous with the frontage, and
which excludes any land defined as a " Resource Area" under the Massachusetts Wetlands
Protection Act (M.
L.G.c. 131, s. 40) and any required yard area.
Gross square feet of nonresidential floor area: The total nonresidential floor area contained
within exterior walls but does not include basement space used for heating and utilities,
storage or for automobile parking.
9.
4 7. Priority Revitalization Area - A "; Scope of Authority. Priority Revitalization Area " A"shall be an
overlay district and shall not restrict the owner's rights relative to the underlying zoning districts.
However, if the owner selects to use Priority Revitalization Area " A"for development purposes, the
development shall conform to the requirements of this Section for Priority Revitalization Area "A ".
9.
57. Priority Revitalization Area - A "; Special Permit Granting Authority. The Board of Appeals is
hereby designated as the Special Permit Granting Authority ( SPGA) for all purposes in Priority
Revitalization Area "A ".All special permit applications shall conform to the standards and criteria of
this Section and the Zoning Board of Appeals Rules and Regulations governing the administration of
applications for special permits.
6
9.7. Priority Revitalization Area - A "; Applicability. In Priority Revitalization Area " A ", no building
shall be constructed or externally enlarged, and no use shall be expanded in ground area, or
67—Source page 68
ANNUAL TOWN MEETING APRIL 25, 2011
established in an existing building except in conformity with a special permit issued by the Board of
Appeals and a Site Development and Use Plan that bears the endorsement of approval by the Board of
Appeals. Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Section 10.5 and this Section.
9.
7 7. Priority Revitalization Area " A "; Special Permit Criteria. In addition to the specific criteria
contained within Section 10.4, the SPGA shall issue a special permit for development within Priority
Revitalization Area " A" only after consideration of the project' s compliance with the following
additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Adequacy of the provision of open space, its accessibility to the general public, and /or its
association with adjacent or proximate open space areas;
3. Suitability of the site for the proposed use(s);
4. Impact on traffic and pedestrian flow and safety;
S. Impact on the visual character of the neighborhood;
6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and
7. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section.
8
9. 7. Priority Revitalization Area - A ";Special Permit Uses. Within Priority Revitalization Area " A ",the
Board of Appeals may issue a special permit authorizing the following uses. No building or structure
shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or
in part, for any purpose other than for one or more of the uses herein set forth as permissible by
special permit.
1. Apartment houses or buildings.
2. Retail stores and offices including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and administrative offices, banks
and other institutions.
3. All uses allowed by right or by special permit in the underlying zoning district.
4. Restaurant and other on-premises eating and drinking establishments.
9.
97. Priority Revitalization Area "A ";Standards.
1. Minimum Lot Size. The minimum lot size is 10,000 square feet of "buildable lot area."The
lot must contain the "buildable lot area" in a single, contiguous site within the boundaries of
Priority Revitalization Area "A ". No portion of a way or street, as defined by the by law
- may be
included in computing the minimum required "buildable lot area ".
68—Source page 69
ANNUAL TOWN MEETING APRIL 25, 2011
2. Lot Coverage. No building shall be constructed so as to cover, together with any other
building on the lot, more than fifty (50) percent of the "buildable lot area ".
3. Minimum Lot Frontage and Access. Lots with over 60,000 sq. ft. of "buildable lot area" shall
have a minimum frontage of one hundred twenty ( 120) feet and at least one means of
ingress /egress. Each means of ingress /egress shall have a continuous frontage of not less than
sixty feet.
4. 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 nonresidential uses.
a. One dwelling unit per 2,
000 sq. ft. of "buildable lot area ", plus
b. Three thousand ( 3, 000) gross square feet of nonresidential floor area per
10,000 sq. ft. of "buildable lot area" or portion thereof.
S. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be
nearer to the line of any street than the "required setback distance" or nearer to the sidelines
of its lot than the " required side yard width" or nearer to the rear line of its lot than the
required rear yard depth" specified below. The required setback distance shall be measured
from the nearest exterior line of the street in question.
a. Required Setback Distance — 15 feet
b. Required Side Yard Width — N/A
C. Required Rear Yard Depth — 25 feet
6. Storage or Display. No storage or display of goods, products, materials or equipment,
vending machines or similar commercial devices shall be located nearer to the line of any street
than the permitted setback distance for a building on the lot.
7. Change of Lot. 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.
S. Height Regulations. No building shall be constructed to exceed forty (40) feet in height or a
total of three (3)stories ( for commercial or residential use),whichever is lower.
10
9. 7. Priority Revitalization Area "A ";Common Open Land. Each site is encouraged to have Common
Open Land for use by the general public. The open space shall have a shape, dimension, character and
location suitable to assure its use for park or open space purposes by the general public, and seventy -
five percent ( 75 %) of the land to be considered as Common Open Land shall be contiguous and no
piece of land to be included as part of the calculation of Common Open Land shall consist of a piece less
than 200 square feet in size.
9.
11 7. Priority Revitalization Area - A "; Parking Requirements. In Priority Revitalization Area " A ",
there shall be provided and maintained improved off -street automobile parking in connection with the
erection, establishment or increase in units or dimensions of buildings, structures and uses, in the
following amounts:
69—Source page 70
ANNUAL TOWN MEETING APRIL 25, 2011
1. For dwelling units one parking space per each bedroom.
2. For restaurants and other on premises eating and drinking establishments, not less than
one (1)parking space for each six (6)seats, subject to the discretion of the Zoning Board of
Appeals to require additional parking space. Where benches are used, not less than one ( 1)
parking space for each six (6)feet of bench, subject to the discretion of the Zoning Board of
Appeals to require additional parking space.
3. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices, executive
and administrative offices, banks and other financial institutions one parking space for each
two hundred fifty (250) square feet of gross floor area. For the purpose of this section, "gross
floor area" means the total floor area contained within exterior walls, but does not include
basement space used for hearing and utilities, storage or for automobile parking.
4. Uses not listed herein shall comply with the parking space requirements of the Zoning By-
Law Section 5.1 Off - Street Parking.
9.
12.
7. Priority Revitalization Area " A "; Below Grade Structured Parking. Below grade automobile
parking shall be permitted within the basements of buildings provided that such "structured basement"
automobile le parking is exclusively reserved for motor vehicles of residents or employees of the
development.
1. Below grade structured parking may be designed to allow two cars to park in "tandem ". In
such cases, each of the two "tandem" parking spaces shall be counted as providing a parking
space for the purpose of meeting the off street parking requirement of this by law.
- Tandem"
"
parking is defined as two parking spaces placed one behind another in single file.
9.
13
7.Priority Revitalization Area -A ";Miscellaneous Parking Requirements.
1. In the case of mixed uses, the parking spaces required shall be the sum of the requirement
for the various individual uses, computed separately in accordance with this section. Parking
spaces for one use shall not be considered as providing the required parking spaces for any
other use unless it can be clearly demonstrated to the Zoning Board that the need for parking
occurs at different times.
2. A change in the use of the premises or in the configuration of the building or lot subject to a
special permit and site development and use plan issued pursuant to this Section shall require
the special permit holder to apply to the Board of Appeals for a modification of the number of
off street parking spaces required pursuant to such special permit and plan if such change,
alone or in combination with previous changes, would require an increase or decrease of more
than b10 13 / in the number of off street parking spaces required pursuant to this Section.
3. Off - street automobile parking spaces, to the extent required in this section, may be
provided either on the same lot or premises with the parking generator or on any lot or
premises associated therewith a substantial portion of which at least is within three hundred
300) feet of the generator.
4 • Off -street parking facilities and connecting drives between such facilities and the street
shall be designed to insure the safety and convenience of persons traveling within or through
the parking area, and between the parking facility and the street. The provisions of Section 6.1
Design Standards shall be considered the minimum criteria for evaluating such design.
S. In addition to the requirement for automobile parking spaces there shall also be provided
for each building or group of buildings sufficient off -street loading space to insure that all
70—Source page 71
ANNUAL TOWN MEETING APRIL 25, 2011
loading operations take place off the public way. Loading spaces and access drives leading to
loading spaces shall be so designed that vehicles to be loaded or unloaded are not required to
maneuver in the public way to enter or leave the designed loading area. The provisions of
Section 6.2 Loading Areas shall be considered the minimum criteria for evaluating such design.
14
9. 7. Priority Revitalization Area - A "; Signs and Advertising Devices. The provisions of Section 6.3
Signs is adopted for the regulation and restriction of billboards, signs and other advertising devices
with the Canton Center Economic Opportunity District.
9.
15 7. Priority Revitalization Area " A "; Certified Acoustical Barriers. No activity or use shall be
allowed which causes exterior noise levels to exceed a day night
- average sound level of 65 decibels
65 L dn) at the lot line; no dwelling unit shall be located where exterior noise levels exceed a day -
night average sound level of 65 decibels ( 65 L dn);and no dwelling unit shall be constructed which
allows interior noise levels to exceed a day -night average sound level of 45 decibels ( 45 L dn).The
day night
- average sound level (L dn)is the 24 hour
- average sound level, in decibels; resulting from the
accumulation of noise from all sources contributing to the external noise environment of the site with
10 decibels added to sound levels occurring from 10:00 a.m. to 7:00 p.m. The day n
- ight 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).
16
9. 7. Priority Revitalization Area " A ";Affordable Units. As a condition for the grant of a special
permit pursuant to this Section authorizing an increase in the otherwise permissible density or
population or intensity of a particular use in a proposed development pursuant to the requirements of
this Section, at least fifteen percent ( 15 0 1o) of the dwelling units shall be deed restricted in perpetuity,
except for four units or less, the Board may decide to waive this requirement; for Occupancy by
persons earning not more than eighty ( 80) percent of the area median income as defined and regulated
by the Commonwealth' s Department of Housing and Community Development, and 20% shall be for
low income persons. Such affordable housing units shall be integrated into the overall development so
as to prevent the physical segregation of such units and otherwise shall be indistinguishable from
market rate units except in size and interior finishing and appliances.
9.
17 7.Priority Revitalization Area "A ";Alternative Units: As an alternative to including affordable units
as set forth immediately above, the applicant may include affordable units under Mass. Housing's
Priority Development Fund where at least 20% of the units must be affordable to low income persons
as defined and regulated by the Commonwealth' s Department of Housing and Community Development
and which development must incorporate Smart Growth principles including without limitation locating
in town center, reuse of existing structures, locating around transportation sites, and preserving
natural resources, and including Canton Center Economic Opportunity District.
9.
18 7. Priority Revitalization Area - A "; Preference. As a condition of approval, the Zoning Board of
Appeals shall require that, to the maximum extent allowable under applicable law, Canton residents be
given first preference in the purchase or renting of affordable units, and the fees for all services will be
negotiated between the Authority and the Developer, within the Canton Center Economic Opportunity
District Development as provided for herein
1. For those dwelling units specified as affordable, the Zoning Board of Appeals shall require
that, to the maximum extent allowable under applicable law, the Canton Housing Authority be
given priority with regard to the selection process of residents.
9.
19 7. Priority Revitalization Area - B "; Purpose. The Revitalization Area "B"is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by encouraging development and
economic investment in the Canton Center that will generate employment and tax revenue.
2. To provide additional planning flexibility for projects and to enhance the coordination of the
project with the environmental and natural features of the development site.
71—Source page 72
ANNUAL TOWN MEETING APRIL 25, 2011
3. To encourage mixed -use development of business and professional offices and multi - family
housing.
4. To permit the use of new development standards which will retain the sites' present
character.
S. To provide information on the potential impacts of a proposed development.
6. To enable the Special Permit Granting Authority ( SPGA) to require adherence to " Site
Development and Use Plans" in the granting of a special permit.
9.
20 7. Priority Revitalization Area - B ";Definitions. For the special purposes of Revitalization Area "B ",
the following words and phrases shall have the meaning hereinafter indicated:
Applicant: The person or persons, including a corporation or other legal entity, who applies for
issuance of a special permit for construction of a Revitalization Area " B"development, within
Revitalization Area " B"hereunder. The applicant must own, or be the beneficial owner of, all
the land included in the proposed site, or have authority from the owner(s) to act for him or
hold option or contract duly executed by the owner(s) and the Applicant giving the latter the
right to acquire the land to be included in the site.
Buffer: An area within the Revitalization ' B"Development adjacent to the boundaries, streams
and ponds, which may not be developed except as provided herein.
Business and Professional Office: The office of one skilled in an occupation that primarily
services clients or patients rather than retail customers including, but not limited to the office
of a doctor, lawyer, dentist, architect, engineer, landscape architect, real estate agent,
insurance agent, or the studio of an artist, musician or teacher, or the workroom of a
dressmaker or milliner or photographer.
Development Schedule: A schedule showing the order and timing of construction and the
sequence of the improvements to be built or furnished in the Revitalization Area ' B"site,
separated into stages where applicable.
Height Regulations: Building height shall be limited as set forth in this Section and measured as
set forth in the State Building Code 780 CMR 101.0 et seq.
Open Space: Open Space is defined as an area of land containing no building or structure, or
impervious material. In the event that natural materials ( i.
e. brick, pavers, etc.)are used in the
construction of walkways, courtyards, patios, etc.,allowing such surfaces to be pervious, the
area of these surfaces can be credited toward the open space requirement.
Regulations: The applicable rules and regulations of the Zoning Board relative to special
permits and site plans. The Zoning Board of Appeals, as the Special Permit Granting- Authority,
reserves the right to modify and /or waive any and all requirements described in this Section.
Upland: Land without a wet area and not subject to flooding.
Wetlands: All land subject to the provisions of Massachusetts G.L. c. 131, ss. 40 and 40A
and /or the Town's Wetlands By Law.
-
9.
21 7. Priority Revitalization Area -B ";Scope of Authority. Revitalization Area "B"is an overlay zoning
district. If the landowner selects to file a development plan in conformance with the requirements of
Revitalization Area " B ", the development shall conform to the objectives, standards and criteria
specified by the Revitalization " B" overlay zoning by l-aw. If the landowner selects to file a
development plan in conformance with the requirements of underlying zoning district, the development
shall conform to the objectives, standards and criteria specified by the underlying zoning district.
72—Source page 73
ANNUAL TOWN MEETING APRIL 25, 2011
22
9. 7. Priority Revitalization Area " B "; Special Permit Granting Authority. The Board of Appeals is
hereby designated as the Special Permit Granting Authority ( SPGA) for all purposes im Revitalization
Area "B ".All special permit applications shall conform to the standards and criteria of this Section and
the Zoning Board of Appeals Rules and Regulations ( " Regulations ") governing the administration of
applications for special permits.
9.
23 7. Priority Revitalization Area "B "; Applicability. In Revitalization Area " B ", no building shall be
constructed or externally enlarged, and no use shall be expanded in ground area, or established in an
existing building except in conformity with a special permit issued by the Board of Appeals and a Site
Development and Use Plan that bears the endorsement of approval by the Board of Appeals.
Requirements and Procedures for approval of such Site Development and Use Plan shall be in
accordance with Section 10.5 and this Section.
9.
24 7.Priority Revitalization Area "B "; Special Permit Criteria. In addition to the specific criteria set
forth in Section 10.4, the SPGA shall issue a special permit for development within the Revitalization
Area "B"only after consideration of the project's compliance with the following additional criteria:
1. Adequacy of the site in terms of the size of the proposed use(s);
2. Suitability of the site for the proposed use(s);
3. Impact on traffic and pedestrian flow and safety;
4. Impact on the visual character of the neighborhood:
S. Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
and
6. Degree to which the proposed project complies with the goals of the Canton Center
Revitalization Plan and the provisions of this Section.
25
9. 7.Priority Revitalization Area " B "; Specially Permitted Uses. Within Revitalization Area " B ", the
Board of Appeals may issue a special permit for the following uses. No building or structure shall be
designed, arranged or constructed and no building, structure or land shall be used, in whole or in part,
for any purpose other than for one or more of the uses herein set forth as permissible by special
permit.
1. Apartment houses or buildings.
2. Business and Professional offices.
3. All uses allowed by right in the underlying zoning district.
9.
26
7. Priority Revitalization Area "B ";Standards.
1. Minimum Lot Size. The minimum lot size is 10,000 square feet of lot area. The lot must be a
single, contiguous site within the boundaries of Revitalization Area "B."
No portion of a way or
street, as defined by the by l-aw may be
included in computing the minimum required lot area.
2. Lot Coverage. No building shall be constructed so as to cover, together with any other
building on the lot, more than thirty (30%)
percent of the lot area.
73-Source page 74
ANNUAL TOWN MEETING APRIL 25, 2011
3. Minimum Lot Frontage and Access. Lots shall have a minimum of seventy -five feet (75')of
continuous frontage. Each means of ingress /egress shall have a continuous frontage of not less
than seventy -five feet (75').
4. Density, Mix of Uses and Infrastructure Standards. Within a Revitalization Area " B"
Development, no building or structure shall be designed, arranged or constructed and no
building, structure or land shall be used, in whole or in part, which exceeds the densities,
either individually or in combination, specified below.
a. No building shall be constructed so as to cover, together with any other
building on the lot, more than thirty percent ( 30%) of the lot area. There may be no
more than one dwelling unit per 4, 000 square feet of lot area.
b. Two thousand ( 2, 000) gross square feet of non - residential floor area per
10,000 sq. ft.of lot area or portion thereof.
S. Mix of Uses. On the ground floor of the building shall only be permitted business or
professional office uses. On all above ground floors shall only be permitted multi - family
residential units.
6. Infrastructure Standards. All utilities and services shall be placed underground. Private
driveways servicing the site shall be sized to adequately serve the intended vehicular and
pedestrian traffic. Private driveways shall strive to conform to the Rules and Regulations of the
Canton Planning Board governing the subdivision of Land, the Canton Department of Pubic
Works Regulations regarding water, sewer and storm drainage, and any other applicable
regulation and /or standards of the town.
7. Setbacks and Yard Regulations for Buildings. No building shall be constructed so as to be
nearer to the line of any street than the " front yard setback requirements" or nearer to the
sidelines of its lot than the "side yard setback requirements" or nearer to the rear line of its lot
than the " rear yard setback requirements" or on a lot that does not comply with the lot width
requirements specified below.
S. Lot Width Requirements: Each lot shall have a lot width of not less than one hundred feet
100')at the front yard setback line and the rear yard setback line.
9. Front Yard Setback. Each lot shall have a front yard setback requirement of not less than
thirty feet (30')and a side yard setback requirement of not less than ten feet (10')from the
nearest point on any exterior wall of the building.
10. Rear Yard Setback. Each lot shall have a rear yard setback requirement of not less than
thirty f-ive feet (35').
11. Height Regulations. No building shall be constructed to exceed the height of the
underlying zoning or thirty -six feet (36'),
whichever is lower. Maximum building height shall be
measured as set forth in the State Building Code 780 CMR 101.0 et seq.
9.
27 7.Priority Revitalization Area "B ";Open Space, Common Open Land and Buffers. At a minimum,
each site shall have thirty percent ( 30 %) of its lot area designated as Open Space. Open Space is
defined as an area of land containing no building or structure or impervious material.
1. The proposed development is encouraged to have Common Open Space for use by the
general public. The Common Open Space shall have a shape, dimension, character and location
suitable to assure its use for park or open space purposes by the general public. Such Common
74—Source page 75
ANNUAL TOWN MEETING APRIL 25, 2011
Open Space may be provided as a condition for the grant of a special permit pursuant to this
Section 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.
2. Areas which shall be credited toward the Open Space requirement include
a. Side, rear and front yard setbacks.
b. Buffer areas.
C. The area of surfaces that use natural materials ( i.
e. brick, bluestone, etc.)in
the construction of walkways, courtyards, patios, etc.
d. Common Open Space.
28
9. 7. Priority Revitalization Area "B "; Parking Requirements. In Revitalization Area " B ", there shall
be provided and maintained improved off -street automobile parking in connection with the erection,
establishment or increase in units or dimensions of buildings, structures and uses, in the following
amounts:
1. For dwelling units one parking space per each bedroom.
2. Nonresidential uses shall comply with the parking space requirements of the Zoning By L
- aw
Section 6.1 Off -Street Parking.
3. Below grade structured automobile parking shall be permitted within the basements of
buildings provided that such " structured basement" automobile parking is exclusively reserved
for motor vehicles of residents or employees of the development.
4. 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.
S. A change in the use of the premises or in the configuration of the building or lot subject to a
special permit and site development and use plan issued pursuant to this Section shall require
the special permit holder to apply to the Board of Appeals for a modification of the number of
off street parking spaces required pursuant to such special permit and plan if such change,
alone or in combination with previous changes, would require an increase or decrease of more
than 10% in the number of off-street parking spaces required pursuant to this Section.
6. Off -street automobile parking spaces, to the extent required in this Section, shall be
provided on the same lot or premises with the parking generator.
7. Off -street parking facilities and connecting drives between such facilities and the street
shall be designed to insure the safety and convenience of persons traveling within or through
the parking area, and between the parking facility and the street. The provisions of Section 6.1
shall be considered the minimum criteria for evaluating such design.
S. In addition to the requirement for automobile parking spaces there shall also be provided
for each building or group of buildings sufficient off -street loading space to insure that all
loading operations take place off the public way. Loading spaces and access drives leading to
loading spaces shall be so designed that vehicles to be loaded or unloaded are not required to
maneuver in the public way to enter or leave the designated loading area. The provisions of
Section 6.2, Loading Areas, shall be considered the minimum criteria for evaluating such
design.
9.
29 7. Priority Revitalization Area - B "; Signs and Advertising Devices. The provisions of Section 6.3
are adopted for the regulation and restriction of billboards, signs and other advertising devices within
the Revitalization Area "B ".
9.
30 7. Priority Revitalization Area - B "; Certified Acoustical Barriers. No activity or use shall be
allowed which causes exterior noise levels to exceed a day night
- average sound level of 6.5 decibels at
the lot line; no dwelling unit shall be located where exterior noise levels exceed a day n - ight average
sound level of 65 decibels; and no dwelling unit shall be constructed which allows interior noise levels
75—Source page 76
ANNUAL TOWN MEETING APRIL 25, 2011
to exceed a day n - ight average sound level of 4.5 decibels. The day n
- ight average sound level ( L dn) is
the 24 h- our average sound level, in decibels, resulting from the accumulation of noise from all sources
contributing to the external noise environment of the site with 10 decibels added to sound levels
occurring from 10:00 a.m. to 7:00 p.m. The day -night average sound level 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).
9.
31
7. Priority Revitalization Area " B "; Affordable Units. As a condition for the grant of a special
permit pursuant to this Section authorizing an increase in the otherwise permissible density of
population or intensity of a particular use in a proposed development pursuant to the requirements of
this Section, at least fifteen percent ( 15 %) of the dwelling units shall be deed restricted in perpetuity,
except for four units or less, the Board may decide to waive this requirement; for occupancy by persons
earning not more than eighty percent of the area median income as defined and regulated by the
Commonwealth' s Department of Housing and Community Development and 020 0 /shall be for low
income persons. Such affordable housing units shall be integrated into the overall development so as to
prevent the physical segregation of such units and otherwise shall be indistinguishable from market
rate units except in size and interior finishing and appliances.
9.
32 7. Priority Revitalization Area "B ";Alternative to Affordable Units: As an alternative to including
affordable units pursuant to Section 31,
9. 8.the applicant may include affordable units under Mass.
Housing's Priority Development Fund where at least 20% of the units must be affordable to low income
persons as defined and regulated by the Commonwealth' s Department of Housing and Community
Development and which development must incorporate Smart Growth principles including without
limitation locating in town center, reuse of existing structures, locating around transportation sites,
and preserving natural resources, and including Canton Center Economic Opportunity District.
9.
33 7. Priority Revitalization Area " B "; Preference. As a condition of approval, the Zoning Board of
Appeals shall require that, to the maximum extent allowable under applicable law, Canton residents be
given first preference in the purchase or renting of affordable units, and the fees for all services will be
negotiated between the Authority and the Developer, within the Canton Center Economic Opportunity
District Development as provided for herein.
1. For those apartment units specified as affordable, the Zoning Board of Appeals shall require
that, to the maximum extent allowable under applicable law, the Canton Housing Authority be
given priority with regard to the selection process of residents.
PLANNING BOARD VOTE: 40
- 0
-
FINANCE COMMITTEE DISCUSSION: Finance Committee voted unanimously to defer to the Planning Board.
A re-codification of our zoning bylaws took place last year, and was approved at Town Meeting. This article is to
correct sections of the By laws
- that were inadvertently omitted.
PLANNING BOARD DISCUSSION: Planning Board supports the inclusion of this Article as it was
inadvertently omitted during the 2010 recodification of the Zoning By -Laws. The Board believes this Article is an
important control of development in the geographical areas covered.
APPROVED DISAPPROVED
PROPOSED AMENDMENT TO ZONING MAP BY EXPANDING THE BOUNDARIES OF OVERLAY ZONING
DISTRICT ENTITLED " CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT (CCEOD)"
Article 17 To see if the Town will vote to amend the zoning map of the Town of Canton, as most recently
amended, by expanding the boundaries of the overlay zoning district entitled " Canton Center Economic Opportunity
District ( CCEOD)" as adopted at the 2000 Annual Town Meeting under Article 54 and as amended at the 2005
76—Source page 77
ANNUAL TOWN MEETING APRIL 25, 2011
Annual Town Meeting under Article 33 and at the 2011 Annual Town Meeting under Article 17 by adding to the
Priority Revitalization Area A" the following parcels of land located along Revere Street, Revere Court, Plymouth
Street and Neponset Street, Canton, Massachusetts. 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, 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.
And further to see if the Town will vote to amend the aforesaid CCEOD by l-aw, as most recently amended,
by adding to the definition of "Priority Revitalization Area A" ( Sec. 1 9. ( )the following sentence: " Also
8. 1)
included in "Priority Revitalization Area ' A' " are those parcels listed in Article 17 of the 2011 Annual Town Meeting
and shown on a map entitled " Extension of Priority Revitalization Area A of the Canton Center Economic
Opportunity
District ( CCEOD),"
dated December 7, 2010, which map is hereby incorporated by reference in Section 9.8 of said
CCEOD by law.
-
OR TAKE ANY OTHER ACTION IN RELATION THERETO.
Petition by for Paul Schneiders and 15 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 17 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 90
- 0
-
PLANNING BOARD MOTION:
MOVED: That the subject matter of Article 17 be indefinitely postponed.
1 I1 M I e7
[ -10
1*
7_mILYLel9 41 MiIIe7
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to indefinitely postpone this article
because the proposed changes in zoning would allow a significant increase in the density of residential units, which
could have an adverse impact to the town's finances.
PLANNING BOARD DISCUSSION: The Planning Board opposes this article as any rezoning of the
property would allow for an over abundance of apartments and create a major burden on our schools, police, fire,
DPW as well as all other town services. There is no guarantee that the historic structures on the property will be
saved and restored or ensure the inclusion of a community center /senior center as was previously proposed. A
development of this scale would threaten the current downtown businesses, which would be in direct competition
with businesses from this project.
APPROVED DISAPPROVED
PROPOSED ZONING BY
- LAW
- SPECIAL PERMIT AMENDMENT FOR "MOTOR VEHICLE RELATED USES"
Article 18 To see if the Town will vote to amend Appendix A ( "Table of Use Regulations ") of the Canton Zoning
By -laws by replacing the letter " N" with the letter " BA" in the " LI" column of Section H ( " Motor Vehicle Fuel
Facility "), and by adding the phrase " and incidental retail facility not to exceed 600 square feet in size" after the
words " motor vehicle fuel facility" in said Section H; and further by amending Section 7.3 ( "Motor Vehicle Fuel
Stations and Other Services ") by adding a Section 9 that would state:
77-Source page 78
ANNUAL TOWN MEETING APRIL 25, 2011
9. The Zoning Board may, for good cause, grant a Special Permit reducing the minimum
dimensional requirements stated in said Section 7.3.
OR TAKE ANY OTHER ACTION IN RELATION THERETO.
Petition by for Paul Schneiders and 17 others
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 18 be deferred to the Planning Board.
FINANCE COMMITTEE VOTE: 81
- 0
-
PLANNING BOARD MOTION:
MOVED: That Appendix A ( " Table of Use Regulations ") of the Canton Zoning By laws - be
amended by replacing the letter - N"with the letter " BA" in the "LI"column of Section H ( " Motor
Vehicle Fuel Facility "); and by adding the phrase "and incidental retail facility not to exceed 600 square
feet in size" after the words " motor vehicle fuel facility" in said Section H; and further by amending
Section 7.3 ( Motor
" Vehicle Fuel Stations and Other Services ") by adding a Section 9 that would state:
9. The Zoning Board may, for good cause, grant a Special Permit reducing the minimum
dimensional requirements stated in said Section 7.3.
PLANNING BOARD VOTE: 40
- 0
-
FINANCE COMMITTEE DISCUSSION: The Finance Committee voted to defer this article to the Planning
Board for discussion at the 2011 ATM. The Finance Committee did not believe there was a financial impact to the
town.
PLANNING BOARD DISCUSSION: The Planning Board supports the intent of this Article which is to
amend the Table of Use Regulations, Section H to allow motor vehicle fuel facilities to be located within a Limited
Industrial District and an Incidental Retail Facility not to exceed 600 square feet in area by way of Special Permit
by the Zoning Board of Appeals.
APPROVED DISAPPROVED
VOTE TO CREATE A DEPUTY CHIEF POSITION WITHIN THE POLICE DEPARTMENT
Article 19 To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for
enactment of a Home Rule Special Act and to request the Town's representatives to the General Court to introduce
a Special Act as set forth below, and further to authorize the General Court, with the approval of the Board of
Selectmen, to make constructive changes in language as may be necessary or advisable towards perfecting the
intent of this legislation in order to secure passage; or to take any other action related thereto.
AN ACT TO AUTHORIZE THE TOWN OF CANTON TO REMOVE THE POSITION OF DEPUTY POLICE CHIEF FROM CIVIL
SERVICE
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the position of Deputy
Police Chief in the Town of Canton shall not be subject to the provisions of c. 31 of the General Laws.
SECTION 2. This Act shall take effect on passage
Board of Selectmen
MOVED: That the Board of Selectmen is hereby authorized to petition the General Court for
enactment of a Home Rule Special Act and the Town's representatives to the General Court are hereby
requested to introduce a Special Act as set forth below, and further the General Court, with the
78-Source page 79
ANNUAL TOWN MEETING APRIL 25, 2011
approval of the Board of Selectmen, is authorized to make constructive changes in language as may be
necessary or advisable towards perfecting the intent of this legislation in order to secure passage:
AN ACT TO AUTHORIZE THE TOWN OF CANTON TO REMOVE THE POSITION OF DEPUTY POLICE CHIEF
FROM CIVIL SERVICE
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the position
of Deputy Police Chief in the Town of Canton shall not be subject to the provisions of c. 31 of the
General Laws.
SECTION 2. This Act shall take effect on passage.
VOTE: 61
- 0
-
MAJORITY DISCUSSION: This article will allow the Board of Selectmen to petition the State legislature to
exempt the position of Deputy Chief from Civil Service regulation. Doing so would give the Canton Chief of Police
and the Board of Selectmen flexibility and the ability to promote from within the department in a timely manner. It
is the opinion of the Chief of Police and the Board of Selectmen that this position exists but is unfilled.
The Chief of Police estimates the cost to the Town in FY12 to be around $ 5, 000. This is approximately the pay
difference between the Lieutenant' s pay and the Deputy Chief's pay. The Finance Committee and the Police Chief
feel that the proposed departmental budget could absorb this cost. In FY13, the Police Chief plans to fill the
lieutenant' s position with one of the current sergeants, and then that sergeant' s position would be filled with one of
the patrolmen. The cost to the Town for this will be about $20,000. In FY14, the Town would then hire a new
patrolman with a cost of about $47,000 to the Town. The majority of the Finance Committee feels that those
costs, totaling about $72,000 per year for FY14 and later, are sustainable within the department budget.
MINORITY DISCUSSION: The Finance Committee recognizes additional costs will be incurred by the Town
to cover employee benefits when the Town hires the additional patrolman. A minority of the Finance committee
are concerned about these costs. The minority of the Finance Committee also expressed concern about the Deputy
Chief position not coming under civil service regulation. Chapter 31 of the General Laws details the process for
hiring and firing people under civil service. The Deputy Chief, under the Superior Officer' s Association labor
contract, must also be a member of that association. The lieutenants are under Civil Service. The Deputy Chief
would supervise the lieutenants. The minority believes that removing this position from civil service regulation
may not be in the best interest of Canton.
APPROVED DISAPPROVED
VOTE TO ADJUST THE EXEMPTION PURSUANT TO L.
M.G. CHAPTER 59, SECTION SK (Property tax liability
reduced in exchange for volunteer services; persons over age 60).
Article 20 To see if the Town will vote to adjust the exemption pursuant to L.
M.G. Chapter 59, Section 5K, to
allow the maximum reduction of the real property tax bill to be based on 125 volunteer service hours in a given tax
year, rather than $1, 000, or to take any other action related thereto.
Board of Selectmen for the Board of Assessors
MOVED: The maximum reduction of the real property tax bill pursuant to G. L. Chapter 59,
Section 5K for volunteer service hours in a given tax year is hereby established in the amount not to
exceed One Thousand Dollars ($1, 000).
VOTE: 70
- 0
-
DISCUSSION: The Finance Committee unanimously supports this article. The senior Citizen Volunteer
Service T
/ ax Liability Reduction program allows qualifying senior citizens ( 60 and over) to volunteer their services in
exchange for a reduction in their property tax bill. Currently Canton participants may earn a maximum reduction of
750.00 per fiscal year based on a rate per hour of service that cannot exceed the Commonwealth' s minimum
79—Source page 80
ANNUAL TOWN MEETING APRIL 25, 2011
wage. L. M.G. Chapter 54, Section 5K allows for the maximum earning to be capped at $00.
1,
000. The purpose of
this article is to increase the cap in Canton from $750.00 to $1,
000.
APPROVED DISAPPROVED
VOTE TO LEASE SCHOOL BUILDINGS FORTWENTY (2 0)YEARS FOR SOLAR PROJECT
Article 21 To see if the Town will vote to authorize the School Committee and in accordance with G.L. c. 40, § 3,
to lease all or any portions of up to six (6)school buildings for a term of twenty ( 20) years; to see if the Town will
vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for
such purposes; or to take any other action related thereto.
Board of Selectmen for the School Committee
MOVED: That the School Committee is hereby authorized to lease all or any portions of up to six (6)
school buildings for solar energy generation facilities, for a term of twenty (20)years.
VOTE: 70
- 0
-
DISCUSSION: The Finance Committee unanimously voted to support this article. The installation of the solar
panels will decrease the school's energy usage. The school has estimated that this will save $20,000 to $30,000 in
energy costs.
APPROVED DISAPPROVED
CREATION OF A SCHOOL SPECIAL EDUCATION STABILIZATION FUND
Article 22 To see if the town will vote to establish, pursuant to G.L. ch. 40, section 513, a Canton Public Scho
Cant]
Special Education Stabilization fund, for the purpose of maintaining a source of funds to supplement the
a .. •
i
p.-
f... - i
d ..... .. - • -
the 'Canton or • take any other action - • thereto.
Board • a the Schoo
MOVED: That the subject matter of Article 22 be indefinitely postponed.
VOTE: 70
- 0
-
DISCUSSION: The Finance Committee unanimously voted to indefinitely postpone any action on Article 22. The
School Committee and the Finance Committee could not identify any source of funding that could be transferred
into this special education fund. Therefore, there was no need to establish the fund at this time. This article can be
reconsidered in future years when a funding source has been identified.
APPROVED DISAPPROVED
s0-