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Canton Town Meeting — 2011 ATM

Town Meeting · Record year 2011 · Record lf-38716

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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.




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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




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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




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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




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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;




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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.




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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.



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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




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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.




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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




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        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




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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.




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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



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       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




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        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




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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




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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.




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         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,




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        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




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         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




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         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




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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.
                           -




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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.




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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.




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         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




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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




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          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




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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 ".




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        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—

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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




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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.




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        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.




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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.




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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—

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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—

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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—

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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:




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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




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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




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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-