Canton, Massachusetts · Saved source text
Canton Town Meeting — 2013 ATM
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2013 ATM WARRANT INDEX 1. ELECT A MODERATOR Page 1 (BOS) 2. ADOPT RULES TO GOVERN TOWN MEETING Page 1 (BOS) 3. HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS Page 2 (BOS) 4. ACT ON “CONSENT AGENDA” Page 2 (BOS) 5. SET SALARIES OF ELECTED OFFICERS Page 2 (BOS) 6. PAY BILLS OF PRIOR FISCAL YEAR Page 2 (BOS) 7. ADJUST FISCAL 2013 ACCOUNTS Page 2 (BOS) 8. TRANSFER UNEXPENDED PRIOR YEAR APPROPRIATIONS Page 3 (BOS) 3-8-13 final
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9. AUTHORIZE CONTRACTS OF MORE THAN THREE
YEARS DURATION Page 3
(BOS)
10. AUTHORIZE CERTAIN REVOLVING FUNDS Page 3
(BOS)
11. “OMNIBUS” CAPITAL OUTLAY PROGRAM Page 3
(BOS for the Capital Planning Committee)
12. TEMPORARY MORATORIUM, MEDICAL MARIJUANA Page 4
(BOS)
13. AMEND ZONING MAP BY PLACING PARCELS
ALONG REVERE ST. AND NEPONSET ST. WITHIN
THE VHOD Page 6
(Planning Board)
14. AMEND ZONING BY-LAWS TO REVISE, UPDATE AND
CORRECT SPELLING, GRAMMAR AND ANY OTHER
ADMINISTRATIVE ERRORS Page 7
(Planning Board)
15. AMEND ZONING BY-LAW BY AMENDING
SECTION 10.7.8 THE CANTON CENTER DESIGN
REVIEW BOARD (CCDRB) Page 7
(Planning Board for the CCDRB)
16. AMEND ZONING BY-LAW TO PERMIT AREAS FOR
SENIOR HOUSING OVERLAY DISTRICT (SHOD) Page 7
(Attorney Richard Staiti)
17. AMEND ZONING MAP TO CREATE A SENIOR
HOUSING OVERLAY DISTRICT (SHOD) Page 14
(Attorney Richard Staiti)
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18. AMEND ZONING BY-LAWS SEC. 11 BY ADDING
DEFINITIONS RELATING TO SHOD Page 14
(Attorney Richard Staiti)
19. AMENDMENT TO ZONING BY-LAWS BY ADDING “PRIORITY
REVITALIZATION AREA “C” TO SEC. 9.8 Page 16
(Attorney Paul Schneiders)
20. AMEND ZONING MAP BY PLACING PARCELS ALONG
REVERE ST AND NEPONSET ST IN THE CCEOD Page 31
(Attorney Paul Schneiders)
21. AMEND ZONING MAP BY CHANGING DESIGNATION
OF PORTION OF LAND (1.4 ACRES) ON ROYAL LANE
FROM SINGLE RESIDENCE AA TO LIMITED
INDUSTRIAL Page 31
(Attorney Paul Schneiders)
22. AMEND ZONING MAP BY CHANGING DESIGNATION OF
APPROX 11 ACRES ON ROYAL LANE FROM SINGLE
RESIDENCE AA TO LIM. INDUSTRIAL Page 32
(Attorney Paul Schneiders)
23. AMEND TABLE OF USE REGULATIONS – SEC. 1
BY CHANGING “N” TO “BA” Page 32
(Attorney Paul Schneiders)
24. AMEND ZONING BY-LAWS SEC. 11.0 DEFINITIONS
“TRADE SHOP” Page 32
(Attorney Paul Schneiders)
25. AMEND ZONING MAP BY CHANGING DESIGNATION
APPROX. 1.7 ACRES ON ROYAL LANE FROM SINGLE
RESIDENCE AA TO LIM. INDUSTRIAL Page 33
(Attorney Paul Schneiders)
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26. COMMUNITY PRESERVATION COMMITTEE
RECOMMENDATION Page 33
(BOS for Community Preservation Committee)
27. COMMUNITY PRESERVATION EXEMPTION Page 33
(BOS for Community Preservation Committee)
28. ACCEPT FUNDS HELD IN ESCROW REGARDING
KNOB HILL Page 33
(BOS for the Planning Board)
29. AMEND GENERAL BY-LAWS ARTICLE III, SEC. 3.1
FILING OF ARTICLES Page 34
(BOS)
30. ESTABLISH A BLUE HILLS REGIONAL TECHNICAL
SCHOOL STABILIZATION FUND Page 35
(BOS)
31. AMEND GENERAL BY-LAWS – ARTICLE XIV
POLICE REGULATIONS: SECTION 39/39A
REGULATION OF DOGS Page 35
(BOS)
32. APPLY TO MSBA FOR REIMBURSEMENT OF
FUNDING FOR HANSEN ELEMENTARY SCHOOL
WINDOW REPLACEMENT/REPAIRS Page 40
(BOS for the School Committee)
33. APPLY TO MSBA FOR REIMBURSEMENT OF
FUNDING FOR GALVIN MIDDLE SCHOOL WINDOW
REPLACEMENT/REPAIRS. Page 40
(BOS for the School Committee)
34. ADDITIONAL 43D PRIORITY DEVELOPMENT SITES Page 41
(BOS for the Economic Development Committee)
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35. ACCEPT GENERAL OR SESSION LAWS ENACTED BY
THE GENERAL COURT Page 42
(BOS)
36. APPROVAL OF FUNDING FOR THE FY 14 ASSESSING
REVALUATION PROJECT Page 42
(BOS for the Board of Assessors)
37. APPROVAL OF FUNDING FOR THE ANNUAL 4TH OF JULY
COMMUNITY CELEBRATION Page 42
(BOS for the Recreation Commission)
38. INSURANCE PROCEEDS Page 42
(BOS)
39. RESCIND UNUSED BORROWING AUTHORIZATIONS Page 43
(BOS)
40. INCREASE STABILIZATION FUND Page 43
(BOS)
41. APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT
FISCAL YEAR Page 43
(BOS)
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Town of Canton
Commonwealth of Massachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required
to notify and warn the inhabitants of the Town of Canton to meet at Morse
Auditorium, on the grounds of the Canton High School, 900 Washington
Street in said town on;
MONDAY, THE THIRTEENTH DAY
OF MAY 2013
At seven o'clock (7:00 P.M.) in the evening for the annual town meeting at
which time and place the following articles are to be acted upon:
ELECT A MODERATOR
Article 1 To elect a Moderator to preside at this Town Meeting, to serve
until the commencement of Annual Town Meeting in 2014 or to take any
other action related thereto.
Board of Selectmen
ADOPT RULES TO GOVERN TOWN MEETING
Article 2 To see if the town will vote to adopt certain procedures to
govern the conduct of the 2013 Annual Town Meeting, or to take any other
action related thereto.
Board of Selectmen
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HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS Article 3 To hear the reports of all committees, appointed at previous town meetings, which have not yet been discharged, or to take any other action related thereto. Board of Selectmen ACT ON “CONSENT AGENDA” Article 4 To see if the town will vote to dispose of certain articles in this warrant by a single vote, in accordance with a so-called, consent agenda, or to take any other action related thereto. Board of Selectmen SET SALARIES OF ELECTED OFFICERS Article 5 To see if the town will vote, in accordance with the provisions of section one hundred and eight of chapter forty-one (G. L. chapter 41, §108) to fix the salary and compensation of all elected officers of the town, or to take any other action related thereto. Board of Selectmen PAY BILLS OF PRIOR FISCAL YEAR Article 6 To see if the town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute a sum or sums of money to pay any unpaid bills of any prior fiscal year, or to take any other action related thereto. Board of Selectmen ADJUST FISCAL ‘13 ACCOUNTS Article 7 To see if the town will vote to increase or decrease or otherwise adjust the appropriations heretofore made for the Fiscal Year 2013 beginning on July 1, 2012 and ending on June 30, 2013 and the revenues sources to meet those appropriations, as voted pursuant to Article 46 of the warrant for the 2012 Annual Town Meeting, and to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute to 3‐8‐13 final Page 2
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meet any such increases or adjustments, or to take any other action related thereto. Board of Selectmen TRANSFER UNEXPENDED PRIOR YEAR APPROPRIATIONS Article 8 To see if the town will vote to transfer the unexpended balance of certain appropriations made under various articles in the warrants applicable to prior town meetings, to new purposes and uses, or to take any other action related thereto. Board of Selectmen AUTHORIZE CONTRACTS OF MORE THAN THREE YEARS DURATION Article 9 To see if the town will vote, in accordance with the provisions of section twelve (b) of chapter thirty B, of the General Laws of the Commonwealth, to authorize the finance director (in his capacity as chief procurement officer) to solicit and award contracts for terms of more than three years, provided in each such instance the longer term is determined, prior to the solicitation, to be in the best interest of the town by a vote of the Board of Selectmen, or to take any other action related thereto. Board of Selectmen AUTHORIZE CERTAIN REVOLVING FUNDS Article 10 To see what revolving funds pursuant to c. 44, section 53E ½ of the General Laws of the Commonwealth the town will authorize or reauthorize, for various boards, commissions or departments of the town, for the fiscal year beginning July 1, 2013 and ending June 30, 2014, or to take any other action related thereto. Board of Selectmen “OMNIBUS” CAPITAL OUTLAY PROGRAM Article 11 To see if the town will vote to raise and appropriate, or to transfer from available funds, or to authorize the Town Treasurer with the approval of the Board of Selectmen, to borrow (and to issue bonds or notes therefore) any sum or sums of money, or by any combination of these methods of financing as may be necessary or desirable, make available funds 3‐8‐13 final Page 3
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for the purpose of purchasing, leasing, re-conditioning, improving or
replacing any motor vehicles or other items of equipment or machinery or
other items of personal property for any town agency, or for the purpose of
contracting for any service, or for the design, repair, acquisition,
construction, replacement or relocation or improvement to any town
building or other structure, public works facility (including highway needs
and traffic safety items), any other town owned facility or real property, or
for any other purposes for which borrowing may be authorized, to purchase,
or to take by eminent domain, any land or easements necessary for any such
purposes and, where applicable, to authorize the trade-in of any presently
owned motor vehicles, equipment or machinery to reduce the purchase or
acquisition cost of any item to be acquired, or to take any other action
related thereto.
Board of Selectmen for Capital Planning Committee
TEMPORARY MORATORIUM, MEDICAL MARIJUANA
TREATMENT CENTERS
Article 12 To see if the Town will vote to amend the Zoning By-law as
follows to enact a temporary moratorium on medical marijuana treatment
centers, or to take any other action related thereto.
By amending Section 11.0, Definitions, by adding the following definition
in alphabetical order:
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity as defined by Massachusetts law only, that
acquires, cultivates, possesses, processes (including development of
related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their personal
caregivers, which is properly licensed and registered by the
Massachusetts Department of Public Health pursuant to all applicable
state laws and regulations.
And by amending Section 7, Special Regulations, by adding the following
new subsection 7.7, Temporary Moratorium-Medical Marijuana Treatment
Centers:
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7.7 TEMPORARY MORATORIUM - MEDICAL MARIJUANA
TREATMENT CENTERS
7.7.1 PURPOSE.
The purpose of this moratorium is to provide restrictions that will
allow the Town of Canton (“Town”) adequate time to consider
whether to allow facilities associated with the medical use of
marijuana (including Medical Marijuana Treatment Centers as defined
herein), to the extent that such facilities are permitted under state laws
and regulations, and, if so, where and under what conditions. Given
that a law permitting the cultivation, distribution, possession and use
of marijuana for medical purposes in the Commonwealth of
Massachusetts was approved by vote at the state election on
November 6, 2012 and has become effective on January 1, 2013, and
that the Massachusetts Department of Public Health has yet to
promulgate the regulations by which facilities that produce or
dispense medical marijuana shall be registered and administered, a
restriction on the establishment of such facilities and other uses
related to the regulation of medical marijuana in the Town shall
provide the opportunity: to study and consider the potential impacts of
such facilities and other related uses on adjacent uses and on general
public health, safety and welfare; to study and consider the related
novel and complex legal and planning issues; and to develop zoning
and other applicable regulations that appropriately address these
considerations consistent with statewide regulations and permitting
procedures.
7.7.2 EXCLUSION OF OTHER MARIJUANA USES.
Any establishment that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes,
dispenses, or administers marijuana, products containing marijuana,
related supplies, or educational materials to qualifying patients or their
personal caregivers shall not be permitted if such establishment has
not been properly registered and licensed in accordance with
applicable state and local laws and regulations, or is not operated as a
not-for-profit entity, or otherwise fails to meet the definition of a
Medical Marijuana Treatment Center.
7.7.3 EXCLUSION OF ACCESSORY USES.
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In no case shall the acquisition, cultivation, possession, processing,
transfer, transportation, sale, distribution, dispensing, or
administration of marijuana, products containing or derived from
marijuana, or related products be considered accessory to any use.
7.7.4 TEMPORARY MORATORIUM.
The use of land and/or structures for Medical Marijuana Treatment
Centers and related uses is prohibited in all zoning districts in the
Town so long as this Moratorium is in effect, as set forth in subsection
7.7.5 below and notwithstanding any provision in this Zoning Bylaw
to the contrary. Variances from this Section 7.7 are strictly prohibited.
During this Moratorium, the Town shall undertake a planning process
consistent with the purposes set forth herein.
7.7.5 EXPIRATION.
This Moratorium shall be effective until May 1, 2016, which is three
(3) years from the deadline for the Massachusetts Department of
Public Health to promulgate regulations pursuant to the Medical Use
of Marijuana Law voted at the state election on November 6, 2012.
Board of Selectmen
AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE
STREET AND NEPONSET STREET WITHIN THE VHOD
Article 13 To see if the Town will vote to amend the Town's zoning map,
as most recently amended, by placing within the Village Housing Overlay
District the following parcels of land located along Revere Street and
Neponset Street and shown on a plan entitled Proactive Rezoning of
Property Along Revere and Neponset Streets, dated January 3, 2013 and
filed with and available for public review at the offices of the Planning
Board, Town Clerk and Board of Selectmen, the research desk of the Canton
Public Library and on the Town website. ; or to take any other action related
thereto.
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; Map 14, Lots 120, 121, 122, 123, 124, 125,
126, 127, 128, 129, 130, 131 and 132; and Map 15, Lots 80, 81, 82, 83, 84,
85 and 86.
Planning Board
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AMEND ZONING BY-LAWS TO REVISE, UPDATE AND CORRECT
SPELLING, GRAMMAR AND ANY OTHER ADMINISTRATIVE
ERRORS.
Article 14 To see if the Town will vote to amend and revise in its entirety
the Zoning By-Law to correct spelling and grammar errors and to delete any
duplications, which corrections are on file with and available for public
review at the offices of the Planning Board, Town Clerk and Board of
Selectmen, the research desk of the Canton Public Library and on the Town
website, provided said corrections do not substantively change the meaning
or application of any by-laws or provisions therein; or to take any other
action in relation thereto.
Planning Board
AMEND ZONING BYLAW BY ALTERING THE CANTON CENTER
DESIGN REVIEW BOARD (CCDRB), SECTION 10.7.8
Article 15 To see if the Town will vote to amend the Zoning By-Law by amending
Section 10.7.18 Uses and Activities Subject to Design Review by striking the words “by
the Town of Canton” from item four so it shall read:
4. Any construction, alteration, demolition or removal of a structure or a site shall
be subject to review by the Design Review Board. This includes all actions
except those that are considered to be routine maintenance.
or to take any other action in relation thereto.
Planning Board for the CCDRB)
AMEND ZONING BY-LAW TO PERMIT AREAS FOR SENIOR
HOUSING OVERLAY DISTRICT (SHOD)
Article 16 To see if the town will vote to amend the Zoning By-Law of the
Town, as most recently amended, by adding provisions which will define
and regulate a new residential classification of housing especially designed
to meet the needs and serve the interests of persons the age of sixty-two or
more, by inserting into Section 9 , Special Districts, a new “Senior Housing
Overlay District” in substantially the form contained in document entitled
“Senior Housing Overlay District,” copies of which have been placed on file
and are available for public review at the office of the Town Clerk and at the
office of the Board of Selectmen in Memorial Hall, at the research desk at
the Canton Public Library and on the town website,
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SENIOR HOUSING OVERLAY DISTRICT (SHOD) 9.9.1 Purpose. The purpose of the Senior Housing Overlay District (SHOD) is to: 1. Provide for the establishment of a specialized, tax-paying congregate residential development for the elderly that will offer mixed and diverse varieties of enriched service, supportive and secure housing for individuals sixty-two (62) years of age or older who do not want or need placement in a hospital or nursing home. 2. Create regulatory procedures to promote flexibility in land use planning in appropriate locations for the uses defined herein 3. Provide for residential development in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas. Such communities shall be designed to achieve compatibility with their surroundings and to encourage orderly and well- planned development. 9.9.2 Overlay District; Applicability. The SHOD shall be construed as an overlay district. This district may be applied as an overlay to any parcel of land which has been designated by a town meeting vote. All requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the SHOD are less restrictive or provide for uses or structures not otherwise available in the underlying district(s). In such cases the requirements of the SHOD may supercede the underlying zoning regulations upon the issuance of a special permit from the Zoning Board of Appeals. 9.9.3 Locations and Eligibility. No parcel shall be placed in the SHOD unless it contains ten (10 ) contiguous upland acres of land . The location of a SHOD shall include all land designated by Town Meeting as being within the SHOD, pursuant to G.L. c. 40A, s. 5. 9.9.4 Definitions. See Section 11, “Senior Housing Overlay District.” 3‐8‐13 final Page 8
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9.9.5 Use Restrictions and Requirements. A Senior Housing Community may be authorized by a special permit issued by the Zoning Board of Appeals pursuant to this Section and in compliance with the standards set forth herein. 1. Multifamily residential structures consisting of dwelling units occupied by persons 62 years of age or older and which are designed as townhouses style structures to have dwelling units side by side or as apartment style structures to have dwelling units placed one above another. There may be more than one building on a single lot in a Senior Housing Community; in such an event, there shall be no minimum standards for internal lot line setbacks within the Senior Housing Community, unless required by the Zoning Board of Appeals in its issuance of a special permit based on specific findings that there is need for greater physical separation of specific buildings or uses. 2. Structures and uses accessory to the Senior Housing Community including but not limited to: meals and communal dining, transportation, laundry, recreation, entertainment, exercise, healthcare, therapy, beautification, automated teller machines and limited banking, and community activities. 3. All Senior Housing Community dwellings shall be connected to the public sewer or shall comply with the provisions of the State Sanitary Code, 310 CMR 15.00, any other applicable State regulations, and with the rules of the Town of Canton Board of Health. 9.9.6 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 one dwelling unit per two thousand five hundred (2,500) square feet of "buildable lot area". 9.9.7Application. An application for a special permit for construction within a SHOD shall be submitted to the Zoning Board of Appeals on forms furnished by the Zoning Board of Appeals, accompanied by the fees set forth below, the following information and data, and a development plan as described below: 3‐8‐13 final Page 9
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1. All of the information required for site plan approval pursuant to Zoning Bylaws Section 10.5; 2. The name(s) and address(es) of the Applicant and all legal and beneficial owners of the site and an instrument executed by all persons owning property constituting the site consenting to the development of the subject property, as applied for. 3. A proposed development schedule showing the expected start of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion. 4. A narrative report prepared by the Applicant's qualified professionals detailing the impact of the development on the Town's capacity to furnish services, including, but not limited to, roads, water and sanitation. 5. Information regarding the number and kind of units and other structures (including signs) proposed, their location, the number of units planned for each use (i.e. independent living , assisted living, and memory care), the type of materials to be used in construction. The architecture of the structures shall be sensitive to the abutting structures and residences. 6. Areas to be set aside for building structures, parking areas, and any easements. 7. A Traffic Study prepared by the Applicant's qualified professional and any other information that the Zoning Board of Appeals may reasonably require in a form acceptable to said Board to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section. 9.9.8 Lot Coverage Requirement. At least thirty percent (30%) of the Senior Housing Community shall be open space. The open space shall have a shape suitable to assure its use for landscaping and/or open space purposes. Each Senior Housing Community site shall conform to the following maximum lot coverage requirements: 1. Residential District. Where the underlying district is residential the Zoning Board of Appeals may approve a Senior Housing Community with no more than 30% lot coverage. 2. Industrial; Limited Industrial; Business Districts. Where the underlying district is Industrial, Limited Industrial or Business the Zoning Board of 3‐8‐13 final Page 10
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Appeals may approve a Senior Housing Community with no more than 40% lot coverage. 9.9.9 Dimensional Regulations. All dimensions shall comply with the lot dimensional regulations of this subsection. In addition, the applicant shall prepare a "Development and Use" plan in accordance with design standards submitted and approved by the Zoning Board of Appeals. Requirement Residential District Business, Industrial, Limited Industrial Minimum lot area 10 acres 10 acres Minimum Frontage 150 feet 150 feet Minimum Lot width 200 feet 175 feet Minimum Front yard 60 feet 60 feet Minimum Side yard 40 feet 35 feet Minimum Rear yard 50 feet 40 feet 9.9.10 Minimum Lot Frontages. SHOD sites shall have a minimum frontage of one hundred and fifty (150) feet and at least one means of ingress/egress provided by a primary public roadway. 9.9.11 Landscaping. Appropriate buffer screening shall be designed and installed within setback areas adjoining or facing residential properties, to the extent deemed appropriate by the Zoning Board of Appeals as a part of the site plan approval process. Vegetation in this buffer area shall not be destroyed or removed, except for normal maintenance. Buffer areas shall be included in calculating the Open Space requirement of this by-law. Applicant shall file a landscape plan, prepared by a landscape architect, that demonstrates sufficient plantings to provide adequate screening. The landscaping plan shall strive to be consistent with the requirements of Section 10.5 in terms of the percent of the total interior landscaped area. The Zoning Board of Appeals may reduce the width of the required buffer and modify other landscaping requirements where the applicant demonstrates that suitable screening will be provided by other means. 3‐8‐13 final Page 11
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9.9.12 Parking and Loading. There shall be a minimum of (a) 0.75 parking spaces per independent living dwelling unit and (b) 0.5 parking spaces per assisted living dwelling unit and these calculations include necessary staff and visitor parking. The Applicant shall provide information detailing the method of computation of parking spaces. All parking shall be confined to the site except as allowed under Section 4.05 Parking for residents of the SHOD must be reserved exclusively for their use. The Applicant shall demonstrate sufficient off-street loading space to insure that all loading operations take place off the public way. 9.9.13 Stormwater Management. The stormwater management system shall be designed in accordance with the Subdivision Regulations and the MassDEP's Stormwater Management Guidelines and Regulations, as amended. 9.9.14 Utilities. All electric, gas, telephone, water distribution lines, and other utilities shall be placed underground. 9.9.15 Building Height. No building or structure shall be constructed to exceed thirty six (36') feet . Maximum building height shall be measured as set forth in the State Building Code 780 CMR. Structures erected on a building and not used for human occupancy, such as chimneys, heating, ventilating or air conditioning equipment, solar or photovoltaic panels, elevator housings, antennas, skylights, cupolas, spires, or other such roof structures and the like may exceed the maximum height of building provided that no part of the structures is more than fifteen (15) higher than the upper elevation of the building and the total horizontal coverage of such structures on the building does not exceed twenty-five (25) percent. Additional height consistent with the provisions of Section 4.3.1 made be obtained by special permit granted by the Zoning Board of Appeals. 9.9.16 Lighting. All lights and other sources of illumination (whether interior or exterior) and all intense light emanating from operations or equipment shall be shielded from direct view at normal eye level from streets and residential districts. 3‐8‐13 final Page 12
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9.9.17 Signage. All signs and awnings shall conform to the maximum area, height, number, setback and illumination requirements set forth in Section 6.3. 9.9.18 Noise Regulation. From the date the Senior Housing Community receives its final Certificate of Occupancy, no activity or use shall be allowed which causes exterior noise levels to exceed a day-night average sound level of 65 decibels at the lot line; no dwelling unit shall be located where exterior noise levels exceed a day-night average sound level of 65 decibels ; and no dwelling unit shall be constructed which allows interior noise levels to exceed a day-night average sound level of 45 decibels. The daynight average sound level (Ld,,) is the 24-hour average sound level, in decibels, resulting from the accumulation of noise from all sources contributing to the external noise environment of the site (with 10 decibels added to sound levels occurring from 10:00 AM to 7:00 PM. The day-night average sound level 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). 9.9.19 Fees. Any fees submitted for an SHOD permit shall be reviewed by the Zoning Board of Appeals, pursuant to Section 3.03 of the Canton Zoning By-laws. 9.9.20 Accessibility. The facility shall comply with all state and federal requirements for handicapped access. 9.9.21 Public Transportation. Any SHOD special permit granted under this section shall be for a site proximate to public transportation or Applicant shall provide shuttle service to nearby public transportation facilities. 9.9.22 Decision. A site plan pursuant to the provisions of Section 10. 5 shall be required. The Zoning Board of Appeals may issue a special permit for a development in the SHOD when it finds that the proposed use is in harmony with the purpose and intent of the bylaw and the proposal shall be subject to general or specific provisions set forth herein. The Zoning Board 3‐8‐13 final Page 13
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of Appeals may waive any or all of the dimensional requirements, when, in
the judgment of the Zoning Board of Appeals, such action is in the public
interest and not inconsistent with the provisions of this Section 9.7 Any such
permit issued may also impose reasonable conditions, safeguards and
limitations of time and use. The Zoning Board of Appeals as Special Permit
Granting Authority reserves the right to amend, modify or revoke any permit
granted for noncompliance of aforesaid conditions
or to take any other action in relation thereto.
Petition by for Attorney Richard R. Staiti and 18 others
AMEND ZONING MAP TO CREATE A SENIOR HOUSING OVERLAY
DISTRICT (SHOD)
ARTICLE 17 To see if the Town will vote to amend the zoning
map , as most recently amended, by placing a parcel of land of not less
than ten (10) contiguous acres of land fronting along Turnpike Street
owned by AA Will Sand & Gravel Corporation, being described as
Assessors Map 80 , Lot 60 and 65, in the Senior Housing Overlay
District" ("SHOD" ) amended by vote of this Town Meeting warrant or to
take any actions in relation thereto. Said land is shown on a map attached
hereto, copies of which have been placed on file and are available for public
review at the office of the Planning Board, at the office of the Town Clerk,
and at the office of the Board of Selectmen in Memorial Hall, at the research
desk at the Canton Public Library, and on the town website.
Petition by for Attorney Richard R. Staiti and 20 others
AMEND THE ZONING BY-LAWS SECTION 11 WITH THE
FOLLOWING DEFINITIONS RELATING TO THE SENIOR
HOUSING OVERLAY DISTRICT (SHOD)
Article 18 To see if the Town will vote to amend the Zoning By-Law of
the Town, as most recently amended, so as to by inserting into Section 11
the following definitions as they relate to a proposed Senior Housing
Overlay District , and to make such changes in substantially the following
form:
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"SHOD Overlay District: The following definitions shall apply in the Senior Housing OverlayDistrict, Section 9.9 Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for construction of a Senior Housing Community 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 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. Senior Housing Community: A self-contained residential community created expressly for residence and use by persons aged 62 years or older, in accordance with M.G.L. c. 151G, Section 4, Subsection 6, that consists of independent living units and assisted living units (including memory care units), or a combination thereof. For such independent living units, ancillary services may be provided to residents such as meals and communal dining, transportation, laundry, recreation, entertainment, exercise, therapy, beautification, automated teller machines and limited banking, and community activities. For such assisted living units, the foregoing services may be provided to residents in addition to the supportive services permitted by M.G.L. c. 19D and the regulations promulgated thereunder. A Senior Housing Community shall be permitted only within the SHOD and only upon the granting of a special permit by the Zoning Board of Appeals. Buffer: An area within a SHOD adjacent to its boundaries, streams, and ponds, which may not be developed except as provided herein. Development Schedule: A schedule showing the order and timing of construction and the sequence of the improvements to be built or furnished in the Senior Housing Community site, separated into stages where applicable. Open Space: Any such area of land containing no building, structure, or impervious surface material. In the event natural materials (i.e. brick, stone, pavers, etc.) are used in the construction of walkways, courtyards, patios, etc. the area of these surfaces can be credited towards the open space requirement. 3‐8‐13 final Page 15
Source page 21
Regulations: The applicable rules and regulations of the Zoning Board of
Appeals 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 section 9.7
Upland acres: Land without a wet area and not subject to flooding.
Wet Areas: All land subject to the provisions of M.G.L. c. 131, Sections 40
and 40A."
Copies of these amendments 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; at the research desk of the
Canton Public Library; and on the town website or to take any other action
in relation thereto.
Petition by for Attorney Richard R. Staiti and19 others
AMEND ZONING BY-LAW BY ADDING “PRIORITY
REVITALIZATION AREA C” TO SECTION 9.8 (CANTON CENTER
ECONOMIC OPPORTUNITY DISTRICT BY-LAW)
ARTICLE 19 To see if the Town will vote to amend the Zoning By-Law
by adding a Priority Revitalization Area C to Section 9.8 as follows:
Item 1. Delete Sections 9.8 and 9.8.1 and replace them with new Sections
9.8 and 9.8.1, as follows:
9.8 Canton Center Economic Opportunity District By-law (CCEOD)
9.8.1 Subdistricts. The CCEOD is divided into three separate and distinct
subdistricts of Canton Center as follows:
Priority Revitalization Area "A": That area of Canton Center that runs
(1) along Washington Street from Neponset Street to Sherman Street, a
distance of approximately 2000 linear feet and (2) that area zoned
'Industrial" that runs along Pequit Street in the vicinity of Washington
Street, to the Northern border of the district.
Priority Revitalization Area "B": That area of Canton Center that runs
(1) along Washington Street from Sherman Street to Lewis Street, a
3‐8‐13 final Page 16Source page 22
distance of approximately 1000 linear feet, but excluding (2) that area of
land designated as "Industrial" that runs along Pequit Street in the
vicinity of Washington Street to the Northern border of the District.
Priority Revitalization Area "C": That area of Canton Center that runs
along Revere Street from the boundary of Priority Revitalization Area
"A" to the intersection of the railroad bridge/tracks and Revere Street, a
distance of approximately 2,900 linear feet.
Priority Revitalization Areas "A" and "B" are shown on a map entitled
"Canton Center Economic Opportunity District (Priority Revitalization Area
"A" and Priority Revitalization Area "B")” prepared by the Canton Planning
Department and dated December 20, 2004.
Priority Revitalization Area "C" is shown on a map entitled "Canton Center
Economic Opportunity District (Priority Revitalization Area "C")” dated
January 7, 2013, attached to this Article as Exhibit A.
The maps described immediately above are hereby incorporated by reference
in this Section 9.8.
Item 2. Add the following new sections immediately after Section 9.8.33:
9.8.34 Priority Revitalization Area "C"; Purpose.
The benefits described in this Section 9.8.34 shall apply only to those
parcels located entirely within the boundary of the Priority Revitalization
Area "C". Priority Revitalization Area "C" is established for the
accomplishment of the following purposes:
1. To promote the economic health and stability of the Town by
encouraging development and economic investment in Canton.
2. To provide additional planning flexibility for projects located in and
near Canton Center, including enhancing the coordination of the project
with the environmental and natural features of the development site.
3. To permit mixed-use development, including but not limited to, Multi-
family Dwellings, Senior Housing, Nursing and Convalescent Homes,
offices, retail shops.
4. To permit the use of new development standards, which will promote
the desired changes in and near Canton Center.
3‐8‐13 final Page 17Source page 23
5. To enable the Special Permit Granting Authority (SPGA) to require
adherence to "Site Development and Use Plans" in the granting of a
special permit.
6. To provide for development in a manner that strives to create a
harmony between residential and non-residential neighborhoods, protects
existing abutting neighborhoods, and minimizes the development impact
on nearby neighborhoods, while striving to conserve and enhance
environmental features, woodlands, wet areas, the Canton River, open
spaces and areas of scenic views, beauty, and vistas such as, for example,
the Viaduct.
9.8.35. Priority Revitalization Area ”C”; Definitions. For the special
purposes of Priority Revitalization Area “C”, the following words and
phrases shall have the meaning hereinafter indicated.
Applicant: The person or legal entity that applies for issuance of a
special permit for construction of a Project to be developed pursuant to
the Priority Revitalization Area “C” overlay regulations.
Buildable Lot Area: The area of a Lot excluding any land defined as a
Resource Area.
Buildable Lot: A single contiguous tract of land including at least the
minimum amount of Buildable Lot Area required herein and located
entirely within a Development Parcel and Priority Revitalization Area
“C”.
Common Open Land: Any area of land containing no building,
structure, parking areas, driveways or roadways other than those
structures and/or facilities which are used for recreational and/or
community use by the occupants of a Development Parcel.
Community Center: A building or portion thereof that provides a
gathering place available to occupants of a Development Parcel to meet.
Development Parcel: One or more Lots within Priority Revitalization
Area “C" which are designated as a Development Parcel on a Site
Development and Use Plan. The Lots comprising a Development Parcel
need not be in the same ownership. Where the Development Parcel
consists of more than a single Lot, the Lots, in combination, shall be
treated as the Development Parcel, may be contiguous or non-contiguous,
and shall be considered one Development Parcel.
3‐8‐13 final Page 18Source page 24
Development Schedule: A schedule showing the order and timing of
construction and the sequence of the improvements to be built or finished
in the Priority Revitalization Area "C" Development Parcel, separated
into stages where applicable.
Lot: A single contiguous tract of land located entirely within a
Development Parcel and Priority Revitalization Area “C”.
Master Plan and Impact Plan and Report: A plan and report required
to be prepared by an Applicant which is intended to provide an overview
of the proposed development of a Development Parcel in order to
reasonably allow an assessment by the SPGA of the probable municipal
and environmental impacts of the overall development of the
Development Parcel. In any Project for which an environmental impact
report is required under Massachusetts General Laws c. 30, Sections 61-
62H, the submission to the SPGA of a copy of such report shall satisfy
this requirement as to environmental impacts, including without
limitation, as to impact on water quality, pollution of groundwater,
damage or threat to wetlands, flood plains, and plants and animals.
Mixed-Use Development: A development that contains both residential
and non-residential development.
Nursing or Convalescent Home: A Nursing or Convalescent Home
shall have the meaning as set forth in Section 11 of this Zoning By-law, it
being deemed to include, without limitation, a skilled or intermediate
care nursing facility or rest or convalescent home, as defined under
Massachusetts General Laws c. 111 and an assisted living facility as
defined under Massachusetts General Laws c. 19D.
Project: A residential, commercial or mixed-use development for which
a special permit is sought pursuant to the Priority Revitalization Area “C”
overlay regulations and which is identified and described on a Site
Development and Use Plan.
Regulations: The applicable rules and regulations of the Board of
Appeals relative to Special Permits and the rules, regulations, standards
and criteria applicable to Projects within the Priority Revitalization Area
“C”.
Research & Development: A company that conducts research and
development.
3‐8‐13 final Page 19Source page 25
Resource Area: All land subject to jurisdiction under 310 CMR
10.02(1)(a) and (b) (which shall in no event include land subject to
flooding or riverfront area)
Revere Street Sub-Area: The land area shown on Assessors Map 26,
Lot 111 in Priority Revitalization Area “C”.
Small-Scale Retail: Retail stores with a gross floor area of 10,000 square
feet or less.
Senior Housing: Housing facilities (including, without limitation,
independent or congregate facilities) restricted for individuals fifty-five
(55) years of age or older as allowed under Massachusetts General Laws
c. 151B or any other state or federal law.
Site Development and Use Plan: A plan endorsed for approval by the
SPGA for the development and use of a Project within a Development
Parcel within the Priority Revitalization Area “C” pursuant to the special
permit process for such Project.
Upland Acres: Land area not in a Resource Area.
All words and phrases used in Sections 9.8. 34 through 9.8.47 and not
defined in the provisions of this Zoning By-law related to the Priority
Revitalization Area “C” shall have the meanings ascribed to them
elsewhere in this Zoning By-law.
9.8.36 Priority Revitalization Area "C"; Master Plan and Report.
In addition to the requirements of Section 10.4 of the Zoning By-law for
submission of a special permit application, the Applicant will prepare a
Master Plan and Impact Plan and Report addressing environmental issues,
including without limitation water quality, pollution of groundwater,
damage, or threat to wetlands, flood plains, and plants and animals and the
municipal impacts associated with the Project. The Applicant will also
prepare a Site Plan in conformity with the SPGA rules governing special
permits, a Site Development and Use Plan which shall be endorsed for
approval by the SPGA, and a Development Schedule.
9.8.37 Priority Revitalization Area "C"; Scope of Authority
The provisions related to the Priority Revitalization Area “C” shall not
restrict the landowner's rights relative to the underlying zoning district in
which said land lies and a landowner shall have the right to obtain approvals
for a project based on the requirements of such underlying zoning district
3‐8‐13 final Page 20Source page 26
without regard to the special provisions applicable to the Priority Revitalization Area “C” overlay. However, if the landowner elects to apply for a special permit as a Project under the provisions hereof applicable to Priority Revitalization Area "C', the development shall conform to the requirements for the issuance of any such special permit applicable thereto under these overlay provisions. If the landowner elects to pursue a development plan in conformance with the requirements applicable to Priority Revitalization Area "C" on a portion of a single contiguous tract of land the entire contiguous tract of land shall conform to the objectives, standards, and criteria specified for a Project within the Priority Revitalization Area “C” and the landowner shall be prohibited from filing a development plan in conformance with the requirements of the underlying zoning district on any portion of such a contiguous tract of land. 9.8.38 Priority Revitalization Area "C"; Special Permit Granting Authority The Board of Appeals is hereby designated as the Special Permit Granting Authority (SPGA) for all purposes with respect to Projects within the Priority Revitalization Area “C”. All special permit applications for Projects within Priority Revitalization Area “C” shall conform to the standards and criteria set forth herein with respect to Priority Revitalization Area “C” and the Board of Appeals’ Rules and Regulations governing the administration of applications for special permits. In addition to determining that the criteria for grant of a special permit stated in Section 10.4.2 of this Zoning By-law have been satisfied, the SPGA shall grant a special permit pursuant to the provisions hereof applicable to Projects within the Priority Revitalization Area "C" only if the SPGA finds that the adverse impacts of the Project will be outweighed by the mitigation to be provided by the Applicant, including without limitation any mitigation and/or other benefits to be provided to the Town by the Applicant pursuant to any development agreement between the Applicant and the Town. As to any Project pursued under the provisions applicable to the Priority Revitalization Area "C" overlay hereunder, no building shall be constructed or externally enlarged, and no use shall be expanded in ground area, or established in an existing building except in conformity with a Site Development and Use Plan that bears the endorsement of approval by the 3‐8‐13 final Page 21
Source page 27
SPGA. Requirements and Procedures for approval shall be in accordance
with Sec. 6.6 of this Zoning By-law (“Performance Standards”).
In the event of damage or destruction to any buildings or structures
originally constructed pursuant to a special permit and Site Development
and Use Plan issued hereunder, such buildings and structures may be rebuilt
and restored consistent with the original special permit and Site
Development and Use Plan without the requirement of obtaining a new
special permit or Site Development and Use Plan from the SPGA.
The SPGA may require issuance of a reasonable bond as a guaranty for any
open space and recreation improvements required by the approved Site
Development and Use Plan.
The SPGA is authorized to issue a special permit hereunder in which it may
modify and/or waive any of the Regulations applicable to any Project in
Priority Revitalization Area “C” with the exception of those relative to use
and dimensions, upon making a finding that such waiver shall better serve
the purposes of the Priority Revitalization Area C”.
9.8.39 Priority Revitalization Area “C”; Uses Permitted by Special
Permit.
Within Priority Revitalization Area “C”, the SPGA may issue a special
permit for the following uses:
A. Residential Uses, including, but not necessarily limited to, the
following:
1. Multi-family Dwellings, whether for sale or for lease, including,
without limitation, Townhouse style dwellings and ancillary
facilities and amenities.
2. Senior Housing and ancillary facilities and amenities.
3. Nursing and Convalescent Homes and ancillary facilities and
amenities.
4. Accessory structure (whether at, below or above grade) and surface
parking.
5. All other residential uses allowed by right or by special permit in
the underlying zoning district.
3‐8‐13 final Page 22Source page 28
B. Non-Residential Uses, including, but not necessarily limited to,
the following:
1. Small-scale retail stores.
2. Offices including salesrooms and showrooms, consumer service
establishments, business and professional offices, executive and
administrative offices, banks and other institutions.
3. A restaurant with the conditions that any bar or cocktail lounge be
located within the restaurant and shall be solely for the purpose of
servicing luncheon or dinner customers and not to comprise more
than twenty-five percent (25%) of the floor area of the restaurant.
4. Bank or similar financial institution, including drive-through
facilities.
5. Research & Development.
6. Accessory structure (whether at, below or above grade) and surface
parking.
7. All uses allowed by right or by special permit in the underlying
zoning district.
C. The following uses are specifically excluded within Priority
Revitalization Area “C”:
1. Fast food establishments.
2. Drive-through for the sale of food. Any other drive-through, with
the exception of banks and financial institutions noted above, shall
require a separate special permit from the SPGA in addition to the
special permit for the Priority Revitalization Area "C".
D. For Projects developed in the Priority Revitalization Area “C” there
shall be no non-resident deliveries or shipments between 10 pm and 7:00
a.m. Monday through Friday; and there shall be no non-resident
deliveries or shipments between 10 pm and 8:00 a.m. on weekends.
No building or structure developed in the Priority Revitalization Area
“C” under the provisions of this overlay (as opposed to the provisions of
the underlying zoning district) shall be designed, arranged or constructed
and no building, structure or land shall be used, in whole or in part, for
3‐8‐13 final Page 23Source page 29
any purpose other than for one or more of the uses herein set forth as
permissible by special permit.
9.8.40 Priority Revitalization Area “C”; Standards and Criteria.
A. Minimum Development Size
1. Lot Requirements:
a. The minimum Lot size is 10,000 sq. ft. of
Buildable Lot Area.
b. No portion of a public way or public street, as
defined by this Zoning By‐law may be included in
computing the minimum required Buildable Lot
Area.
2. Development Parcel Requirements:
a. The minimum Development Parcel size is twenty‐
five (25) acres of Buildable Lot Area, except that in
the Revere Street Sub‐Area the minimum
Development Parcel size is two (2) acres of
Buildable Lot Area.
b. No portion of a public way or public street, as
defined by this Zoning By‐law may be included in
computing the minimum required Buildable Lot
Area.
B. Building Coverage:
Development Parcel Requirements:
No building shall be constructed so as to cover, together with any
other building on the Development Parcel, more than thirty
percent (30%) of the Buildable Lot Area.
C. Minimum Frontage and Access:
3‐8‐13 final Page 24Source page 30
Development Parcel Requirements:
a. Each Development Parcel shall have a minimum frontage
of two hundred and fifty (250) feet on a street and at least
two means of ingress/egress.
b. Each means of required ingress/egress shall have a paved
width of no less than twenty‐four (24) feet.
9.8.41 Priority Revitalization Area “C”; Density
As to a Project within the Priority Revitalization Area “C”, no building or
structure shall be designed, arranged or constructed and no building,
structure or land shall be used, in whole or in part, which exceeds the
densities specified below for residential and non-residential uses. Further,
the intent of the allowable densities in this Section 9.8.41 is to provide
flexibility for Projects. The specified densities are maximums for each
individual type of use as if only that use is being proposed. Where a Project
includes a mix of uses, the maximum specified densities cannot be
aggregated.
A. Residential Uses
Maximum permissible densities are as follows:
1. Multi-family Dwellings including, without limitation, Townhouse
style dwellings and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area
or portion thereof.
2. Senior Housing and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area
or portion thereof.
3. Nursing and Convalescent Home and ancillary facilities and
amenities:
One sleeping room per 1,200 square feet
4. To the extent at least twenty percent (20%) of the total residential
units in a Project are Senior Housing units, Nursing Home or
Convalescent Home sleeping rooms, the density for the uses in the
3‐8‐13 final Page 25Source page 31
Project may be increased by up to 16% from that otherwise permitted
in this Zoning By-law.
B. Non-Residential Uses
Maximum permissible density is as follows:
Five thousand (5,000) gross square feet-of non-residential floor area
per 10,000 square feet of Buildable Lot Area or portion thereof.
For the purpose of this section, "gross square feet of non-residential
floor area" means the total non-residential floor area contained within
exterior walls but does not include basement or space used for heating
and utilities or other mechanical uses for the building, storage or for
automobile parking.
9.8.42 Priority Revitalization Area “C”; Setbacks and Yard Regulations
for Buildings.
For Projects within Priority Revitalization Area “C”; no building shall be
constructed so as to be nearer to any Lot line than as specified below:
A. Development Parcel
Each Development Parcel shall have a front yard setback distance of not less
than twenty (20) feet and a side yard setback of not less than fifteen (15) feet
from the nearest point of any exterior wall of a building, except that if the
side yard abuts a residential district or a building used primarily for
residential purposes, a side yard setback of not less than twenty (20) feet
from the nearest point of any exterior wall of the building is required; and
except that if the side yard abuts land owned by the Town, or the Canton
River Dam Diversion Channel, or the Plymouth Rubber Company triple
drainage culvert, such side yard shall not be required to be more than five (5)
feet.
1. Each Development Parcel shall have a rear yard setback of not
less than twenty-five (25) feet, except that if the rear yard abuts
land owned by the Town, or the Canton River Dam Diversion
Channel, or the Plymouth Rubber Company triple drainage
culvert, such rear yard shall not be required to be more than five
(5) feet.
B. Buildable Lot
3‐8‐13 final Page 26Source page 32
Each Lot shall have a setback distance of not less than fifteen
(15) feet from the nearest point of any exterior wall of the
building to any non-permeable surface including but not limited
to public ways or private ways, but excluding driveways,
walkways, or parking areas. No part of any building shall be
located less than fifteen (15) feet from any front, side or rear lot
line, except that if a front, side or rear yard abuts land owned by
the Town, or the Canton River dam diversion channel, or the
Plymouth Rubber drainage triple drainage culvert, such front,
side or rear yard shall not be required to be more than five (5)
feet.
C. Additional Setback Regulations
a. The SPGA may reduce the setback distance where appropriate
because of specific physical circumstances, such as irregular lot
lines or other natural features that create open space or buffers.
b. No storage or display of goods, products, materials or
equipment, vending machines or similar commercial devices
shall be allowed within the required front or side yard setback.
c. No Lot on which a building is located shall be reduced or
changed in size or shape so that the building or Lot fails to
comply with the Buildable Lot Area, frontage, building
coverage, yard setback, or other dimensional provisions, of this
Section.
d.
9.8.43 Priority Revitalization Area “C”; Height Regulations.
No building in a Project within the Priority Revitalization Area “C” shall be
constructed to exceed a total of four (4) stories, not including the basement
or parking areas under the building.
9.8.44 Common Open Land, Community Center.
A. Common Open Land:
Except for a Project within the Revere Street Sub-Area, each Project
undertaken pursuant to the Priority Revitalization Area “C” overlay
3‐8‐13 final Page 27Source page 33
regulations shall have a minimum of twenty-five percent (25%) of its
Buildable Lot Area within the Development Parcel designated as
Common Open Land for use by the occupants of the Development
Parcel.
B. Community Center:
Except for a Project within the Revere Street Sub-Area, as part of a
Site Development and Use Plan, a Project undertaken pursuant to the
Priority Revitalization Area “C” overlay regulations shall have a
Community Center for use by the occupants of the Development
Parcel.
C. Public Access:
Except for a Project within the Revere Street Sub-Area, as part of a
Site Development and Use Plan, a Project undertaken pursuant to the
Priority Revitalization Area “C” overlay regulations shall provide
pedestrian access walkways to and from natural resource areas within
the Development Parcel within an area or areas to be designated by
the Applicant and shown on the Site Development and Use Plan.
9.8.45 Priority Revitalization Area “C”; Parking and Loading
Requirements.
For each Project undertaken pursuant to the Priority Revitalization Area “C”
overlay regulations there shall be provided and maintained improved off-
street automobile parking in connection with the erection, establishment or
increase in units or dimensions of buildings, structures and uses, in the
following amounts:
A. For dwelling units: 1.5 parking spaces per each dwelling unit,
except for Senior Housing units which require 1 parking space
per unit.
B. For Nursing and Convalescent Homes: one (1) parking space
for every three (3) sleeping rooms.
C. For restaurants and other on premises eating and drinking
establishments: not less than one (1) parking space for each
three (3) seats, plus one (l) parking space for every three (3)
employees on the largest shift, subject to the discretion of the
SPGA to allow less parking spaces. Where benches are used,
3‐8‐13 final Page 28Source page 34
not less than one (1) parking space for each six (6) feet of
bench, subject to the discretion of the SPGA to allow less
parking spaces.
D. 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 (1) 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 or
space used for heating and utilities or other mechanical
equipment, storage or for automobile parking.
E. Uses not listed in this Section 9.8.45 Parking Requirements,
Subsections (A), (B), (C) or (D) shall comply with the parking
space requirements of the Zoning By-law Section 4.0 Off-Street
Parking.
F. In the case of mixed-use projects, the parking spaces required
shall be the sum of the requirements for the various individual
uses, computed separately in accordance with this section.
Parking spaces for one use shall not be considered as providing
the required parking spaces for any other use unless it can be
clearly demonstrated to the SPGA that the need for parking
occurs at different times.
G. Off-street automobile parking spaces, to the extent required in
this section, may be provided either on the same Lot or
premises with the parking generator or on any Lot or premises
under common ownership or control a substantial portion of
which must be within three hundred (300) feet of the generator.
H. Off-street parking facilities and connecting drives between such
facilities and the street shall be designed to insure the safety and
convenience of persons traveling within or through the parking
area, and between the parking facility and the street. The
provisions of Section 6.6 of this Zoning By-law (“Performance
Standards”) Design Standards shall be considered the minimum
criteria for evaluating such design.
3‐8‐13 final Page 29Source page 35
I. In addition to the requirements for automobile parking spaces
there shall also be provided for each building or group of
buildings sufficient off-street loading space to insure that all
loading operations take place off of the public way. Loading
spaces and access drives leading to loading spaces shall be so
designed that vehicles to be loaded or unloaded are not required
to maneuver in the public way to enter or leave the designated
loading area. The provisions of Section 6.6 of this Zoning By-
law (Loading Areas) shall be considered the minimum criteria
for evaluating such design.
9.8.46 Priority Revitalization Area “C”; Signs.
The provisions of Section 4.1 of this Zoning By-law (Signs and Advertising
devices) is hereby adopted for the regulation and restriction of billboards,
signs and other advertising devices within Priority Revitalization Area "C".
9.8.47 Priority Revitalization Area “C”; Certified Acoustical Barriers.
Except for demolition, renovation or repair of existing buildings and
structures and construction new buildings and structures, no activity or use
within a Development Parcel developed pursuant to the Priority
Revitalization Area “C” overlay regulations 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 AM to 7:00 PM. The day-night
average sound level (L dn) shall be determined in accordance with The Code
of Federal Regulations, Title 24-Housing and Urban Development, Part 51
Environmental Criteria and Standards (24 CFR 51).
Petition by for Attorney Paul Schneiders and 14 others
AMEND ZONING MAP BY PLACING PARCELS ALONG REVERE
STREET AND NEPONSET STREET IN THE CANTON CENTER
3‐8‐13 final Page 30Source page 36
ECONOMIC OPPORTUNITY DISTRICT (PRIORITY
REVITALIZATION AREA “C”)
Article 20 To see if the Town will vote to amend the Town’s Zoning
Map, as most recently amended, by placing parcels of land located along
Revere Street and Neponset Street within the Canton Center Economic
Opportunity District (Priority Revitalization Area “C”) and the Revere Street
Sub-Area, as established by vote under Article 19 of this Town Meeting
Warrant or take any other action in relation thereto.
Said parcels of land are described in the Board of Assessor’s Maps on
Map 26 as Lots 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 87, 88,
89, 90, 91, 92, 93, 222, and 111; and on Map 14 as Lots 120, 121, 122, 123,
124, 125, 126, 127, 128, 129, 130, 131 and 132; and on Map 15 as Lots 80,
81, 82, 83, 84, 85 and 86.
The parcel of land shown on Map 26 as Lot 111 constitutes the
Revere Street Sub Area.
Petition by for Attorney Paul Schneiders and 14 others
AMEND ZONING MAP BY CHANGING DESIGNATION OF
PORTION OF LAND (APPROX. 1.4 ACRES) ON ROYAL LANE FROM
SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL
Article 21 To see if the Town will vote to amend the town’s zoning map,
as most recently amended, by changing the designation of a portion of land,
approximately 1.4 acres in size, located on Royal Lane from Single
Residence AA to Limited Industrial. Said parcel is shown on a plan of land
entitled. “Plan of Land, Canton, Massachusetts”, dated April 23, 1968
(revised October 17, 1968), Harry R. Feldman, Inc., Surveyors, recorded
with the Norfolk Registry of Deeds Plan Book 225, Plan 904, and bounded
and described according to said Plan as follows:
EASTERLY and SOUTHEASTERLY: by the center line of Royal
Lane approximately three hundred
thirteen (313) feet
SOUTHWESTERLY: by a line across the end of Royal Lane
twenty (20) feet;
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NORTHWESTERLY and WESTERLY: by the side of Royal Lane two
hundred eighty-one and 06/100
(281.06) feet; and
NORTHERLY: by Royall Street twenty (20) feet.
or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 12 others
AMEND ZONING MAP BY CHANGING DESIGNATION OF
PORTION OF LAND (APPROX. 1.1 ACRES) ON ROYAL LANE FROM
SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL
Article 22 To see if the Town will vote to amend the town’s zoning map,
as most recently amended, by changing the designation of a portion of land,
approximately 1.1 acre in size, located on Royal Lane described on Board of
Assessors Map 69, Lot 002 from Single Residence AA to Limited Industrial
or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 14 others
AMEND ZONING BY-LAW TABLE OF USE REGULATIONS –
SECTION I – BY CHANGING “N” TO “BA”
Article 23 To see if the Town will vote to amend Section I of the Table of
Use Regulations by changing “N” to “BA” for light manufacturing in the
Business District; or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 14 others
AMEND ZONING BY-LAWS SECTION 11.0 – DEFINITIONS -
“TRADE SHOP”
Article 24 To see if the Town will vote to amend the definition of “Trade
Shop” in Section 11.0 (“Definitions”) of the zoning by-laws by changing
“five thousand (5,000) square feet” to “ten thousand (10,000) square feet,”
or take any other action in relation thereto.
Petition by for Attorney Paul Schneiders and 14 others
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AMEND ZONING MAP BY CHANGING DESIGNATION OF PORTION OF LAND (APPROXIMATELY 1.7 ACRES) ON ROYAL LANE FROM SINGLE RESIDENCE AA TO LIMITED INDUSTRIAL Article 25 To see if the Town will vote to amend the town’s zoning map, as most recently amended, by changing the designation of a portion of land, approximately 1.7 acres in size, located on Royal Lane described on Board of Assessors Map 69, Lot 001 from Single Residence AA to Limited Industrial or take any other action in relation thereto. Petition by for Attorney Paul Schneiders and 12 others COMMUNITY PRESERVATION COMMITTEE RECOMMENDATION FOR ADMINISRATIVE AND OPERATING EXPENSES Article 26 To see if the Town will vote, as recommended by the Community Preservation Committee, to appropriate Twenty Thousand Dollars ($20,000) from the Community Preservation Fund for administrative and operating expenses of the Community Preservation Committee to the extent such appropriations do not exceed five percent of the annual revenues in the Community Preservation Fund; or to take any action related thereto. Board of Selectmen for the Community Preservation Committee COMMUNITY PRESERVATION EXEMPTION FOR COMMERCIAL/INDUSTRIAL PROPERTY EXCLUDING $100,000. Article 27 To see if the Town will vote to amend the adopted provisions of Massachusetts General Laws Chapter 44B, Section 3(e) by adopting exemption (4), exempting $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of Chapter 59 of the Massachusetts General Laws, provided that the adoption of such exemption also be submitted to the voters of the Town as a ballot question at the next regular Town or state election and accepted by a majority of the voters as required by the Community Preservation Act; or to take any action related thereto. Board of Selectmen for the Community Preservation Committee ACCEPT FUNDS HELD IN ESCROW REGARDING KNOB HILL Article 28 To see if the Town will vote to accept and appropriate funds held in escrow as surety for the construction of ways and installation of 3‐8‐13 final Page 33
Source page 39
municipal services at Knob Hill; to transfer such funds to the Town of
Canton Planning Board for the Planning Board to implement and
oversee such construction of ways and installation of municipal services at
Knob Hill and the completion of any related work, grading and other
improvements thereat; or to take any other action related thereto.
Board of Selectmen for the Planning Board
AMEND GENERAL BY-LAWS ARTICLE III, SECTION 3.l – TIMING
OF FILING OF ZONING AND NON-ZONING ARTICLES
Article 29 To see if the Town will vote to amend the General By-laws,
Article III, Section 3.1 as follows, or to take any other action related thereto:
By deleting the first paragraph of Section 3.1 A. and replacing it with the
following:
A. Warrant Articles to Adopt or Amend Zoning By-Laws
All subject matter seeking to adopt or amend zoning by-laws which is
submitted for consideration as articles for insertion in the warrant for the
annual town meeting (the “zoning articles”) shall be filed in the office of the
Board of Selectmen prior to twelve o'clock (12:00) noon on or about the one
hundred and twentieth (120th) day preceding the date on which the opening
session of said meeting is to be held. On or about the said one hundred and
twentieth (120th) day preceding the date on which the opening session of
said meeting is to be held, the warrant shall be closed as to zoning articles,
and as soon as practicable thereafter a listing of all proposed warrant zoning
articles which were received on or about the said one hundred and twentieth
(120th) day preceding said scheduled date shall be prepared and signed by
the Board of Selectmen. The said listing shall, forthwith, be submitted to the
town counsel for review and formatting.
And by deleting the first paragraph of Section 3.1 B. and replacing it with
the following:
B. All Other Warrant Articles
All subject matter seeking other than to adopt or amend zoning by-laws
which is submitted for consideration as articles for insertion in the warrant
for the annual town meeting (the “non-zoning articles”) shall be filed in the
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office of the Board of Selectmen prior to twelve o'clock (12:00) noon on or about the one hundred and twentieth (120th) day preceding the date on which the opening session of said meeting is to be held. On or about the said one hundred and twentieth (120th) day preceding the date on which the opening session of said meeting is to be held, the warrant shall be closed as to non-zoning articles, and as soon as practicable thereafter a listing of all proposed warrant non-zoning articles which were received on or about the said one hundred and twentieth day preceding said scheduled date shall be prepared and signed by the Board of Selectmen. The said listing shall, forthwith, be submitted to the town counsel for review and formatting. Board of Selectmen ESTABLISH A BLUE HILLS REGIONAL TECHNICAL SCHOOL STABILIZATION FUND Article 30 Blue Hills Regional Technical School District is requesting to see if the Town will vote to authorize the Blue Hills Regional Technical School District to establish a Stabilization Fund According to Chapter 7l, Sections 16G1/2 of the Massachusetts General Laws, or to take any other action related thereto. Board of Selectmen AMEND GENERAL BY-LAWS, Article XIV (Police Regulations: Sections 39/39A) Regulation of Dogs Article 31 To see if the Town will vote to amend Article XIV of the General By-laws as follows, or to take any other action related thereto: By deleting Section 39, Section 1(1), first paragraph and replacing it with the following: (1) License Fee-All fees for dog licenses and kennel licenses, fines and penalties shall be set by the Town Clerk, however, no fee shall increase without a majority vote of the voters present at a Town Meeting. And by deleting Section 39, Section 3, Section 4 and Section 5, replacing them with the following and renumbering the following sections appropriately: 3‐8‐13 final Page 35