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Canton Annual Town Report — 2025
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Source page 81
Town of Canton
Commonwealth of Massachusetts
ANNUAL TOWN MEETING
MONDAY, THE 12th DAY OF MAY 2025
In accordance with the warrant the Annual Town Meeting was convened on May 12th, 2025 at Morse Auditorium in Canton High School
and called to order by the Town Clerk, Tracy K. Kenney, at 7:05pm with 286 voters present.
Tracy Kenney, Town Clerk, introduced Reverend Jeremy Wagner, from St. Oscar Romero Parish, who offered the invocation.
The Pledge of Allegiance was recited.
The reading of the warrant was dispensed with on a motion duly made, seconded and unanimously voted.
The reading of the Constable’s return was dispensed with on a motion duly made, seconded and unanimously voted.
ARTICLE 1
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 2026; or to
take any other action related thereto.
Select Board
A motion was made and seconded to elect Gerald Salvatori as Moderator to preside at this Town Meeting to serve until the commencement
of Annual Town Meeting in 2026.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 2
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 2025 Annual Town Meeting; or to take any
other action related thereto.
Select Board
MOTION 1
MOVED: That this 2025 Annual Town Meeting shall meet on consecutive Monday and Wednesday evenings in
the Morse Auditorium on the grounds of the Canton High School, 900 Washington Street, until the business of this Annual Town
Meeting has been concluded, each such session to begin at 7:00 o’clock P.M. and to adjourn at 11:00 o’clock P.M., or as near that
hour as may be feasible, according to the nature of the business pending at the said hour.
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved Article 2, Motion 1 as printed in the warrant.
VOTED: Article 2, Motion 1 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
79Source page 82
MOTION 2
MOVED: That the following individuals be granted all of the rights and privileges of participation in this Annual
Town Meeting, except the right to vote, under any article of this warrant which affects matters within their jurisdiction:
Timothy Arnold, Owner’s Project Manager, Accenture, Inc., Library Interior Project
David Buccelli, Director of Facilities
Steve Choiniere, Supervisor of Facilities and Grounds
Maura Crowley, Director of Food Services
Paul R. DeRensis, Town Counsel
Jennifer Weiss Donovan, Accenture Inc., Owner’s Senior Project Mgr., Library Interior Project
Paul Feeney, State Senator
Derek Folan, Superintendent of Schools
Josh Fogel, Director of Technology and Data Analytics
M. Regen Jamieson, Conservation Commission Agent
Louis Jutras, Information Systems Manager
Yugon Kim, Architect & Engineering Design, TSKP-IKD, Library Interior Project
Arafat Knight, Veterans’ Agent
Alfons Koka, Town Engineer
Yeshi Lamour, Principal of Luce Elementary School
Karen Lawlor, Administrative Assistant, Canton Planning Board
Brian Lynch, Director of Facilities and Grounds
Brian Lynch, Assistant Superintendent of Finance & Operations, School Department
Stephen Lynch, Representative in Congress
Paul McKnight, Principal of Lt. Peter M. Hansen Elementary School
Jon Mulhern, Principal of Galvin Middle School
Shelley Needle, Rodman Early Childhood Coordinator
Allison Neff, Canton Community Preservation Committee Administrator
Kristen Phelps, Revere & Son Heritage Trust Administrator
Cody Pratt, Assistant Town Accountant
Tyler Radicioni, Parks & Recreation Director
Helena Rafferty, Police Chief
E. Wendell Robery, Fire Chief
Debbie Rooney, Director of Curriculum, Instruction and Assessment
Mark Roy, Executive Director, Canton Housing Authority
William Scollins, Finance Director
Sara Shaw, Director of Student Services
Kevin Shea, Housing Coordinator
Julianne Shore, Director of Personnel Services
Jeffrey Sperling Principal of Canton High School
Walter Timilty, State Senator
Taylor Torres, Town Planner
Nick Trocki, Jumbo Capital, Owner of 30 Dan Road (Article 21)
Michael Trotta, Superintendent of Public Works
Diane Tynan, Director of the Department of Elder & Human Services
Saundra Watson, Principal of John F. Kennedy Elementary School
FINANCE COMMITTEE VOTE:
Emilio Mauro, Chair of the Finance Committee, moved Article 2, Motion 2 as printed in the warrant.
VOTED: Article 2, Motion 2 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
80Source page 83
MOTION 3
MOVED: That whenever during discussion under any article in this warrant during this year’s annual town
meeting, irrespective of which session such discussion is reached during the progress of the annual town meeting, a motion is
made, the effect of which is to increase the total amount to be appropriated beyond that which is recommended by the Finance
Committee or which changes the method of obtaining funds to meet that appropriation, the moderator shall not accept such
motion unless said motion also contains a corresponding decrease in another appropriation as contained in an appropriation
article on this specific warrant or a corresponding transfer from any other available funding source or borrowing as an alternative
funding source, so that the total amount to be appropriated by the town, at this town meeting, and to be expended thereafter, for
all the appropriation articles contained in this warrant, shall not in any event exceed the total dollar amount recommended by the
Finance Committee as set forth in the published Report of the Finance Committee Recommendations as may be increased by
any transfer from available funds provided, however that nothing in this motion shall prevent an increase in appropriation funding
contingent upon the passage of a Proposition 2½ override.
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved Article 2, Motion 3 as printed in the warrant.
VOTED: Article 2, Motion 3 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 3
HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS
Article 3 To hear the reports of committees appointed at previous town meetings, which have not yet been discharged; or to take any other
action related thereto.
Select Board
MOVED: That reports of the following committees appointed at previous Town Meetings be heard:
Canton Alliance Against Substance Abuse (CAASA) (ATM 2016, Article 32)
By-Law Modernization Study Committee (ATM 2024, Article 30)
Economic Development Committee (ATM 2004, Article 14)
FINANCE COMMITTEE VOTE: 7-0
Tyler Radicioni, Director of Parks and Recreation, gave a report on behalf of the Canton Alliance Against Substance Abuse (CAASA).
George Comeau gave a report on behalf of the By-Law Modernization Study Committee.
Eugene Manning gave a report on behalf of the Economic Development Committee.
REPORTS ACCEPTED, VOICE VOTE
ARTICLE 4
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.
Select Board
MOVED: That the following articles be disposed of by a single vote, in accordance with the Finance Committee
motions as written in the report of the Finance Committee: 5, 6 7, 8, 9, 10 and 22.
FINCOM
Article Description Motion VOTE Reason
Collective Bargaining There are no collective
Postpone
5 Agreements under the Select 8-0 bargaining
Indefinitely.
Board. agreements to fund.
81Source page 84
There are no personal
6 Personal Service Contracts Postpone
8-0 service contracts to
under the Select Board. Indefinitely.
fund.
7 Pay Bills of Prior Fiscal Year. Adopt this article. 8-0 Non-Controversial.
Postpone There are no accounts
8 Adjust Fiscal ’25 Accounts. 8-0
Indefinitely. to adjust.
Authorize Certain Revolving Non-Controversial.
9 Adopt this article. 8-0
Funds.
There are no
Postpone
10 Insurance Proceeds. 8-0 insurance proceeds to
Indefinitely.
appropriate.
Amend General By-Law Non-Controversial.
22 Adopt this article 8-0
(CAASA)
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 4 as printed in the warrant.
VOTED: Article 4 adopted as printed.
ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 5
COLLECTIVE BARGAINING AGREEMENTS UNDER THE SELECT BOARD
Article 5 To see if the Town will vote to raise and appropriate, transfer from available funds, or transfer from Free Cash, a sum of money
for the purpose of funding any new cost items contained in any collective bargaining agreements entered into by the Select Board, on behalf
of the Town, with any group of employees, serving under its jurisdiction; or to take any other action related thereto.
Select Board
MOVED: That the subject matter of Article 5 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
VOTED: POSTPONED INDEFINITELY UNDER CONSENT AGENDA
ARTICLE 6
PERSONAL SERVICE CONTRACTS UNDER THE SELECT BOARD
Article 6 To see if the Town will vote to raise and appropriate, transfer from available funds, or transfer from Free Cash, such sums of
money as may be necessary to fund new cost items contained in contracts for personal services with any individual employee; or take any
action related thereto.
Select Board
MOVED: That the subject matter of Article 6 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
VOTED: POSTPONED INDEFINITELY UNDER CONSENT AGENDA
82Source page 85
ARTICLE 7
PAY BILLS OF PRIOR FISCAL YEAR
Article 7 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.
Select Board
MOVED: That a total of T w o H u n d r e d S e v e n t y F o u r D o l l a r s a n d Z e r o C e n t s ( $ 2 7 4 . 0 0 ) be
appropriated to pay bills from p r i o r fiscal years for the purposes and vendors set forth below, and to meet this
appropriation a total of T w o H u n d r e d S e v e n t y F o u r D o l l a r s a n d Z e r o C e n t s ( $ 2 7 4 . 0 0 ) be charged to the listed
Fiscal Year 2025 appropriation accounts voted pursuant to Article 37 of the 2024 Annual Town Meeting as follows:
Vendor Purpose Amount Source of Funds
Massachusetts Municipal Registration Fee for Meeting $30.00 16102-5710C
Municipal Managers Association
Sentinel Benefits Plan Document Amendment $100.00 19102-5740C
Canton Citizen Legal Advertisement $144.00 11752-5340D
TOTAL $274.00
FINANCE COMMITTEE VOTE: 8-0
VOTED: ADOPTED UNDER CONSENT AGENDA
ARTICLE 8
ADJUST FISCAL ’25 ACCOUNTS
Article 8 To see if the Town will vote to increase/decrease or otherwise adjust the appropriations heretofore made for the Fiscal Year 2025
beginning on July 1, 2024 and ending on June 30, 2025 and the revenue sources to meet those appropriations, as voted pursuant to Article
37 of the warrant for the 2024 Annual Town Meeting, and to raise and appropriate, or borrow pursuant to any applicable statute, transfer
from available funds to meet any such increases or adjustments; or to take any other action related thereto.
Select Board
MOVED: That the subject matter of Article 8 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
VOTED: POSTPONED INDEFINITELY UNDER CONSENT AGENDA
ARTICLE 9
AUTHORIZE CERTAIN REVOLVING FUNDS
Article 9 To see what new or additional revolving funds, pursuant to c. 44, section 53E ½ of the General Laws of the Commonwealth, the
Town may establish by amendment to Article VIII (“Financial Regulations”), Section 16 (“Departmental Revolving Funds”) of the General
Bylaws of the Town and to see what amendments if any the town may vote to existing revolving funds contained in the Town’s Bylaw, and
to determine the limit on total amount that may be expended from the Town’s revolving accounts, for various boards, commissions or
departments of the town, for the fiscal year beginning July 1, 2025 and ending June 30, 2026; or to take any other action related thereto.
Select Board
MOVED: That the spending limits for the revolving funds established pursuant to General By-Laws Article
VIII, Section 16 pursuant to the provisions of MGL chapter 44, section 53 E ½ for the 2026 fiscal year beginning July 1, 2025
through June 30, 2026 as set forth below, and that each Revolving Fund shall be credited with the balance remaining in
such fund at the end of the FY 2025 as follows:
83Source page 86
Revolving
Fund # Name of Revolving Fund FY26 Spending Limit
110 Veteran’s Services Special Revenues $100,000
119 Library Revolving Fund $75,000
130 Recreation Revolving Fund $650,000
134 Pequitside Farm Rentals $50,000
135 Greenlodge Street Parking Fees $100,000
136 Beautification Fund $10,000
137 Animal Control Special Revenues $50,000
138 Library Building Rentals $50,000
140 COA Revolving Fund $150,000
141 Board of Health Special Revenue $50,000
Paul Revere Heritage Site Rolling
142 Mill and Open Space Fund $250,000
145 Traffic Mitigation Fund $50,000
Paul Revere Heritage Site Museum
152 Fund $100,000
FINANCE COMMITTEE VOTE: 8-0
VOTED: ADOPTED UNDER CONSENT AGENDA
ARTICLE 10
INSURANCE PROCEEDS
Article 10 To see whether the Town will vote to appropriate all sums over $150,000 recovered under the terms of any insurance policy and
any other insurance proceeds paid to the Town in connection with any losses suffered by the Town; or to take any other action related
thereto.
Select Board
MOVED: That the subject matter of Article 10 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
VOTED: POSTPONED INDEFINITELY UNDER CONSENT AGENDA
ARTICLE 22
AMEND GENERAL BY-LAW (CAASA) ARTICLE XVI SECTION 24
Article 22 To see if the Town will amend General By-Law (CAASA) Article XVI Section 24 paragraph (b) by striking “seven (7)” and
replacing it with “eight (8)” in the second line and by adding “one member representing the Department of Elder and Human Services”
before “one member representing the Fire and Rescue Department…” in the fifth line, or take any other action related thereto.
Select Board
Select Board Discussion: The Select Board supports CAASA’s request to formally add the Director of the Department of Elder and Human Services to its
composition. A representative of DEHS has been a non-voting member of CAASA since its conception. The committee is requesting to add a representative of
DEHS as a formal voting member due to the expansion of human services of the committee. Vote 5-0.
MOVED: That the Town amend the General By-Law (CAASA) Article XVI Section 24 paragraph (b) by striking
“seven (7)” and replace it with “eight (8)” in the second line and add “one member representing the Department of Elder and
Human Services” before “one member representing the Fire and Rescue Department…” in the fifth line.
FINANCE COMMITTEE VOTE: 6-0
VOTED: ADOPTED UNDER CONSENT AGENDA
84Source page 87
ARTICLE 20
APPROPRIATION FOR MASTER PLAN UPDATE
Article 20 To see if the Town will vote to raise and appropriate up to $15,000, by transfer from available funds, by borrowing under the
provisions of M.G.L. chapter 44, to be spent by the Chief Procurement Officer with the approval of the Select Board, for the purpose of
enabling the Planning Department to engage a consultant, or consultants, to perform a five (5) year review and update to the Action Plan
section of the 2020 Canton Master Plan; said process to be conducted under the general supervision of the Town Planner, with the advice
and assistance of the Master Plan Implementation Committee, or take any other action related thereto.
Select Board for the Master Plan Implementation Committee
Select Board Discussion: The Select Board supports the request for funds by the Master Plan Implementation Committee to conduct a 5 year plan update. Vote 5-
0.
MOVED: That the sum of Fifteen Thousand Dollars ($15,000) be appropriated to be spent by the Chief
Procurement Officer with the approval of the Select Board for the purpose of enabling the Planning Department to engage a
consultant to perform a five (5) year review and update to the Action Plan section of the 2020 Canton Master Plan with said process
to be conducted under the general supervision of the Town Planner with the advice and assistance of the Master Plan
Implementation Committee and to meet this appropriation the sum of Fifteen Thousand Dollars ($15,000) be transferred from
Free Cash (Undesignated Fund Balance) in the Treasury of the Town.
FINANCE COMMITTEE VOTE: 7-1
Emilio Mauro, Chair of the Finance Committee, moved Article 20 as printed in the warrant.
VOTED: Article 20 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 21
CH 43D DESIGNATION 30 DAN ROAD
Article 21 To see if the Town will accept the provisions of chapter 43D of the Massachusetts General Laws as amended pursuant to Section
11 of chapter 205 of the acts of 2006, and approve the filing of an application with the Massachusetts Interagency Permitting Board for the
designation of land at 30 Dan Road (Parcel ID 76-15) as a Priority Development Site, or take any other action in relation thereto.
Select Board
Select Board Discussion: The Select Board supports the Board of Assessors request and Economic Development Committee’s recommendation to designate 30 Dan
Road as a 43D Priority Development Site. This designation will assist in attracting companies in the Bio-Science/Pharma sector to establish a foundation in Canton.
Vote 5-0.
MOVED: That the Town accept the provisions of chapter 43D of the Massachusetts General Laws as amended
pursuant to Section 11 of chapter 205 of the acts of 2006, and that the Town approve the filing of an application with the
Massachusetts Interagency Permitting Board for the designation of land at 30 Dan Road (Parcel ID 76-15) as a Priority
Development Site.
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved Article 21 as printed in the warrant.
Mr. Mauro stated that the Finance Committee unanimously supports this article, which would allow the Town to apply to have the land
parcel and building at 30 Dan Road designated as a Priority Development Site for expedited local permitting as defined by Massachusetts
General Law (M.G.L.) Chapter 43D.
Gene Manning, Chair of the Economic Development Committee, gave a presentation.
VOTED: Article 21 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 16
APPROPRIATION TO INCREASE SPECIAL EDUCATION RESERVE ACCOUNT
Article 16 To see if the Town will vote to raise and appropriate or transfer from any available funds or borrow pursuant to any applicable
statute, a sum of money in order to increase any Special Education Reserve Account or to take any other action related thereto.
Select Board for the School Committee
85Source page 88
Select Board Discussion: The cost of Special Education continues to rise and Canton's costs exceed the appropriation from the state. This fund serves to close that
gap. School officials, the Finance Director and the Town Administrator met to establish the amount necessary to provide these vital services to our students. The Select
Board supports this article unanimously. Vote 5–0.
MOVED: That the sum of One Million Dollars ($1,000,000) be appropriated to the Special Education Reserve
Account (#250) and to meet this appropriation, One Million Dollars ($1,000,000) be transferred from Free Cash (Undesignated
Fund Balance) in the Treasury of the Town.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, moved Article 16 as printed in the warrant.
VOTED: Article 16 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 11
ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE GENERAL COURT
Article 11 To see if the Town will vote to accept any general or session laws enacted by the General Court for the benefit of cities or
towns or of benefit to the Town of Canton; or to take any other action related thereto.
Select Board
MOVED: That the subject matter of Article 11 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved that Article 11 be indefinitely postponed.
VOTED: POSTPONED INDEFINITELY VOICE VOTE
ARTICLE 24
ACCEPT STILLWATER ROAD AS A PUBLIC WAY
Article 24 To see if the Town will vote to accept Stillwater Road as a public way, as recommended by the Planning Board and laid out by
the Select Board pursuant to G.L. c. 41 and c. 82, as shown on a plan entitled “Final As-Built Road Utility Plan for Canton Reserve (Stillwater
Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc., dated January 16, 2024, and revised on August 7, 2024, prepared by
ESE Consultants, 116 Flanders Road, Suite 1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter
referred to as the “Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and easements
for the creation, maintenance, and operation of a public way, including but not limited to easements for access, grading, drainage, sloping,
construction, and utilities, in all or any portions of the way and the parcels on such street as listed below; 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; and further to
authorize the Select Board to take any and all related actions necessary or appropriate to carry out the purposes of this article, or take any
other action related thereto.
Property Address Town Assessor ID
5 Stillwater Rd. Map 101 - Lot 110
10 Stillwater Rd. Map 101 - Lot 93
15 Stillwater Rd. Map 101 - Lot 109
20 Stillwater Rd. Map 101 - Lot 94
25 Stillwater Rd. Map 101 - Lot 108
30 Stillwater Rd. Map 101 - Lot 95
35 Stillwater Rd. Map 101 - Lot 107
40 Stillwater Rd Map 101 - Lot 96
45 Stillwater Rd. Map 101 - Lot 105
50 Stillwater Rd. Map 101 - Lot 97
55 Stillwater Rd. Map 101 - Lot 106
60 Stillwater Rd. Map 101 - Lot 98
65 Stillwater Rd. Map 90 - Lot 44
70 Stillwater Rd. Map 101 - Lot 99
75 Stillwater Rd. Map 90 - Lot 43
80 Stillwater Rd. Map 101 - Lot 100
85 Stillwater Rd. Map 89 - Lot 45
86Source page 89
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an outstanding issue that needs
to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 24 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, deferred to the Planning Board.
David McCarthy, Chair of the Planning Board, moved that Article 24 be indefinitely postponed.
VOTED: POSTPONED INDEFINITELY UNANIMOUS VOICE VOTE
ARTICLE 25
ACCEPT DALEBROOK COURT AS A PUBLIC WAY
Article 25 To see if the Town will vote to accept Dalebrook Court as a public way, as recommended by the Planning Board and laid out by
the Select Board pursuant to G.L. c. 41 and c. 82, as shown on a Plan entitled “Final As-Built Road Utility Plan for Canton Reserve (Stillwater
Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc., dated January 16, 2024, and revised on August 7, 2024, prepared by ESE
Consultants, 116 Flanders Road, Suite 1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter referred
to as the “Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and easements for the
creation, maintenance, and operation of a public way, including but not limited to easements for access, grading, drainage, sloping,
construction, and utilities, in all or any portions of the way and the parcels on such street as listed below; 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; and further to
authorize the Select Board to take any and all related actions necessary or appropriate to carry out the purposes of this article, or take any
other action related thereto.
Property Address Town Assessor ID
5 Dalebrook Ct. Map 90 - Lot 42
10 Dalebrook Ct. Map 90 - Lot 39
15 Dalebrook Ct. Map 90 - Lot 41
20 Dalebrook Ct. Map 90 - Lot 40
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an outstanding issue that needs
to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 25 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0
Emilio Mauro, Chair of the Finance Committee, deferred to the Planning Board.
David McCarthy, Chair of the Planning Board, moved that Article 25 be indefinitely postponed.
VOTED: POSTPONED INDEFINITELY UNANIMOUS VOICE VOTE
ARTICLE 26
ACCEPT FOUNDRY LANE AS A PUBLIC WAY
Article 26 To see if the Town will vote to accept Foundry Lane as a public way, as recommended by the Planning Board and laid out by the
Select Board pursuant to G.L. c. 41 and c. 82, as shown on a plan entitled “Final As-Built Road Utility Plan for Canton Reserve (Stillwater
Estates) in Canton, Massachusetts, prepared for Toll Brothers, Inc., dated January 16, 2024, revised on August 7, 2024, and prepared by
ESE Consultants, 116 Flanders Road, Suite 1200, Westborough, MA 01581,” a copy of which is on file with the Town Clerk (hereinafter
87Source page 90
referred to as the “Acceptance Plan”); to authorize the Select Board to acquire by purchase, gift, or eminent domain such land and easements
for the creation, maintenance, and operation of a public way, including but not limited to easements for access, grading, drainage, sloping,
construction, and utilities, in all or any portions of the way and the parcels on such street as listed below; 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; and further to
authorize the Select Board to take any and all related actions necessary or appropriate to carry out the purposes of this article, or take any
other action related thereto.
Property Address Town Assessor ID
5 Foundry Lane Map 89 - Lot 39
10 Foundry Lane Map 89 - Lot 40
15 Foundry Lane Map 89 - Lot 38
20 Foundry Lane Map 89 - Lot 41
25 Foundry Lane Map 89 - Lot 37
30 Foundry Lane Map 89 - Lot 42
35 Foundry Lane Map 89 - Lot 36
40 Foundry Lane Map 89 - Lot 43
45 Foundry Lane Map 89 - Lot 35
50 Foundry Lane Map 89 - Lot 44
55 Foundry Lane Map 89 - Lot 34
60 Foundry Lane Map 90 - Lot 38
65 Foundry Lane Map 89 - Lot 33
70 Foundry Lane Map 101 - Lot 101
75 Foundry Lane Map 89 - Lot 32
80 Foundry Lane Map 101 - Lot 102
85 Foundry Lane Map 100 - Lot 183
90 Foundry Lane Map 101 - Lot 103
100 Foundry Lane Map 101 - Lot 104
Select Board for the Planning Board
PLANNING BOARD MOTION: Motion was made to send a negative recommendation due to an outstanding issue that needs
to be corrected before the road can be accepted.
PLANNING BOARD VOTE: 3-0
FINANCE COMMITTEE RECOMMENDATION: That the subject matter of Article 26 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 7-0
David McCarthy, Chair of the Planning Board, moved that Article 26 be indefinitely postponed.
VOTED: POSTPONED INDEFINITELY UNANIMOUS VOICE VOTE
ARTICLE 17
APPROPRIATION TO INCREASE CAPITAL STABILIZATION ACCOUNT
Article 17 To see if the Town will vote to raise and appropriate or transfer from any available funds or borrow pursuant to any applicable
statute, a sum of money in order to increase the Capital Stabilization Account, or to take any action related thereto.
Select Board
Select Board Discussion: This account was created to earmark funds to pay for the short-term borrowing costs associated with the new Galvin Middle School project.
The Select Board supports the Finance Director’s recommendation for appropriating funds to the Capital Stabilization Account. Vote 5-0.
MOVED: That the sum of One Million Dollars ($1,000,000) be appropriated to the Capital Stabilization Account
(#801) and to meet this appropriation, One Million Dollars ($1,000,000) be transferred from Free Cash (Undesignated Fund
Balance) in the Treasury of the Town.
FINANCE COMMITTEE VOTE: 8-0
Emilio Mauro, Chair of the Finance Committee, moved Article 17 as printed in the warrant.
VOTED: Article 17 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
88Source page 91
ARTICLE 28
AMEND ZONING BY-LAW SECTION 9.1 FLOOD PLAIN OVERLAY DISTRICT
Article 28 To see if the Town will vote to delete Zoning By-law Section 9.1 FLOOD PLAIN OVERLAY DISTRICT (FPOD) and replace
with the following text:
9.1 FLOOD PLAIN OVERLAY DISTRICT (FPOD)
9.1.1 Flood Hazard Areas. Flood Hazard Areas are hereby defined as Federal Flood Plain Districts and Special Flood Hazard Areas.
9.1.2 Special Permit Applications. Any person desiring a special permit for any use in a Flood Hazard Area shall submit an
application to the Board of Appeals. The application shall be accompanied by plans of any construction and of the premises on which it is
to be situated. All plans shall show existing and proposed finished ground contours at two (2) foot intervals. Contours shall be delineated
within two hundred (200) feet of the proposed construction.
1. Copies of the application for special permit to the Board of Appeals with accompanying plans shall also be sent or delivered by
the applicant at the time of said filing to the Building Commissioner, Superintendent of Public Works, Board of Health,
Conservation Commission and Planning Board for their recommendations to the Board of Appeals.
2. All plans required by this Section shall be certified by a Massachusetts Registered Land Surveyor or a Massachusetts Registered
Professional Civil Engineer.
3. No work shall be done in a Flood Hazard Area without a permit from the Canton Conservation Commission.
9.1.3 Limits of Authority. Nothing contained in this Section shall limit the authority of the Board of .Health with respect to premises
in the Federal Flood Plain District and the Special Flood Hazard Areas or limit the applicability of the Canton Building Code to any
structure in the Federal Flood Plain District or Special Flood Hazard Area or limit the authority of the Conservation Commission with
respect to wetlands within the Federal Flood Plain District and the Special Flood Hazard Area.
9.1.4 Federal Flood Plain Districts. In order to reduce flood losses, to preserve and maintain ground water table, protect the public
health and safety of persons and property against hazards of flood water inundation, to limit and control the development of flood-prone
areas and having taken into account flood plain management programs in effect in neighboring areas, the following Federal Flood Plain
District Regulations are hereby adopted and shall take precedence over any other By-law. Federal Flood Plain Districts are hereby
established as an overlay district and include those areas designated as Zones A, A1-30 as set forth on the Flood Insurance Rate Map
(FIRM), dated 6-4-87 on file with the Planning Board, the Conservation Commission, the Department of Public Works and the Building
Department. Said maps, together with the index, the Town of Canton Hood Insurance Study and all explanatory matters thereon, shall be
deemed to be part of this By-law and are incorporated herein by reference. The one hundred (100) year flood level is indicated on said
Index and Maps as a Base 9.1.5 Federal Flood Plain Districts; Development Regulations. New construction or substantial improvements
of residential structures within a Federal Flood Plain District (herein defined) shall have the lowest floor (including basement) elevated to
or above the one hundred (100) year flood level as shown on the maps hereinafter described. Non-residential structures within Federal
Flood Plain District shall either be similarly elevated or, together with attendant utility and sanitary facilities, be flood proofed watertight to
or above the one hundred (100) year flood level.
9.1.5 Federal Flood Plain Districts; Special Permit. No permit for any use, including land fill, shall be granted by the Zoning Board
of Appeals in a Federal Flood Plain District unless the Authority finds that the proposed use, when combined with all other uses and
anticipated uses, will not increase the water surface elevation of the one hundred (100) year flood level more than one foot at any point.
Substantial improvements shall be construed to include among other things repair, construction or alteration costing fifty percent (50%) or
more of the actual cash value of the structure before improvement or, if damaged, before damage occurred.
1. Where watertight flood proofing of a structure is permitted, a registered professional engineer or architect shall certify to the
Building Commissioner that the methods used are adequate to withstand the flood depths, pressures and velocities, impact and
up-lift forces and other factors associated with the one hundred (100) year flood level. In all events construction shall conform to
the minimum standards of the State Building Code. The Building Commissioner shall obtain and permanently maintain the
engineers or architect’s certification of compliance with the elevation and flood proofing requirements for new construction or
for substantial improvements to existing sites.
9.1.6 Special Flood Hazard Areas. The Special Flood Hazard Area is defined as all lands along and sloping to the Neponset River
and the Canton River also known as the East Branch, the elevation of which land is lower than fifty (50) feet above Mean Sea Level based
on the Massachusetts Geodetic Datum of 1929. The Special Flood Hazard Area is superimposed over any other district established by this
Zoning Bylaw.
9.1.7 Special Flood Hazard Areas; Development Regulations. No building shall be placed upon the land in the Special Flood
Hazard Area within one hundred fifty (150) feet of the center of the Neponset River or within seventy five (75) feet of the centerline of the
Canton River. There shall be no filling, dumping, excavating or altering of the land in the Special Flood Hazard Area within one hundred
89Source page 92
fifty (150) feet of the center line of the Neponset River or within seventy five (75) feet of the center line of the Canton River unless a
special permit is issued by the Board of Appeals. The land in the Special Flood Hazard Area, except as provided above, may be used for
any purpose otherwise permitted in the underlying district except that:
1. No building, wall, dam or other structure shall be erected, constructed, altered, enlarged or otherwise created or moved for any
purpose unless a special permit from the Board of Appeals is issued.
2. Except on public ways, dumping, filling, excavating or transferring of any earth material within the Special Flood Hazard Area
is prohibited unless a special permit from the Board of Appeals is issued.
3. Proper operation and maintenance of dams and water control devices are permitted uses under this Section. This includes the
temporary alteration of the water level for emergency or maintenance purposes and the removal of any and all flash-boards on a
privately owned dam in order to lower the water level.
4. Municipal use, including but not limited to waterworks, pumping stations and parks, is permitted under this Section.
9.1.8 Special Flood Hazard Area; Special Permits. The Board of Appeals may issue a special permit if it finds that the use of the
lands deemed subject to periodic or seasonal flooding shall not be used for residential, business, limited industrial or industrial purposes in
such a manner as to endanger the health, safety, or welfare of any persons or properties or adversely affect environmental conditions within
the Special Flood Hazard Area. In deciding applications for a special permit, but without limiting the generality of the foregoing, the Board
of Appeals shall assure:
1. That within the Special Flood Hazard Area the basement floor elevation or the lowest floor elevation, if there is no basement
floor, of any structure, used or to be used for a dwelling specifically including transient accommodations such as in hotels or
motels (anything to the contrary in this by-law notwithstanding), shall be at least fifty two (52) feet above said Mean Sea Level.
2. That all structures be so designed and secured that during flooding.
3. The foundation would not be undermined.
4. The structure will not be floated off, battered off or swept away.
5. That safe vehicular and pedestrian movement to, over, and from the premises is provided on ways having a minimum
elevation of no less than forty nine (49) feet above said Mean Sea Level; provided however, that the Board of Appeals may by
special permit grant an exception to the requirements of this Section to allow such ways to meet ways existing at the time of the
adoption of this Section.
6. That because of the location or elevation of the building or filling of the area, there will be no danger of pollution to on site
water facilities providing- water for human consumption.
7. That the methods of drainage are designed in accordance with accepted engineering practice.
9.1.9 Special Flood Hazard Areas; Special Requirements.
1. If any land included in the Special Flood Hazard Area is found by the Board of Appeals not in fact to be subject to seasonal or
periodic flooding, and found in fact not to have been flooded during the highest flood of record for said land, the Board of
Appeals may grant a special permit exempting said land from the application of this Section.
2. Where public sewerage is not available, no building permit shall be issued until the Board of Health has issued a permit under
this section approving the proposed sanitary and storm drainage systems or has allowed forty-five (45) days to elapse after receipt
of the application for a special permit.
3. No occupancy permit shall be issued until the Board of Appeals, the Building Commissioner, the Board of Health, the
Planning Board and Superintendent of the Public Works Department have received a certified plan showing the foundation and
floor elevations, grading of the premises, elevations of the completed construction and all elevations of the various elements that
make up the sewage disposal system, and that all requirements of all permits are satisfied.
4. Where public sewerage is not available, the Board of Health and the Board of Appeals shall consider the minimum ground
water level in the Special Flood Hazard Area to be fifty (50) feet above said Mean Sea Level unless data indicates a higher ground
water level.
90Source page 93
9.1 FLOODPLAIN OVERLAY DISTRICT
9.1.1 Purpose. The purpose of the Floodplain Overlay District is to:
1. Ensure public safety through reducing the threats to life and personal injury
2. Eliminate new hazards to emergency response officials
3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding
4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact
regions of the community beyond the site of flooding
5. Eliminate costs associated with the response and cleanup of flooding conditions
6. Reduce damage to public and private property resulting from flooding waters
9.1.2 Definitions. For purposes of this Section 9.1, the following definitions shall apply:
DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to building or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of
Federal Regulations, Title 44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on
detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the
floodway designation is included on the FIRM.) (if applicable in your community)
FLOOD HAZARD BOUNDARY MAP (FHBM.) An official map of a community issued by the Federal Insurance Administrator,
where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of
Federal Regulations, Title 44, Part 59] (if applicable in your community)
FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section
202]
FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in
close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US
Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed
walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the
Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified
either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the first floodplain
management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements
to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
91Source page 94
RECREATIONAL VEHICLE means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal
use.
[US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY - see FLOODWAY.
SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood
hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing structures,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180
days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building
(including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or
walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory
buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the
actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or replacement of
a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of
the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported
foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official
to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements
of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal
Regulations, Title 44, Part 59]
VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management
regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance
required in §60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title
44, Part 59]
9.1.3 Scope of Authority. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard
areas within Canton designated as Zone A, AE, AH, AO, A99, V, or VE on the Norfolk County Flood Insurance Rate Map (FIRM) dated
June 4, 1987 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance
Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further
defined by the Norfolk County Flood Insurance Study (FIS) report dated June 4, 1987. The FIRM and FIS report are incorporated herein
by reference and are on file with the Town Engineer, Building Official, and Conservation Commission.
9.1.4 Applicability. The Town of Canton requires a permit for all proposed construction or other development in the floodplain overlay
district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood
risks to other properties.
The town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be
necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary
permits, and must demonstrate that all necessary permits have been acquired.
9.1.5 Designation of Community Floodplain Administrator. The Town of Canton hereby designates the position of Town Planner to
be the official floodplain administrator for the Town.
92Source page 95
9.1.6 Floodway Encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the
best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any
increase in flood levels within the community during the occurrence of the base flood discharge.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s/City’s FIRM or Flood Boundary &
Floodway Map (choose map which delineates floodways for your community) encroachments are prohibited, including fill, new
construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
9.1.7 Unnumbered Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain,
review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring
new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or
above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting
encroachments in floodways.
9.1.8 Drainage Requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on
slopes, to guide floodwaters around and away from proposed structures.
9.1.9 Subdivision Proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to
assure that:
(a) Such proposals minimize flood damage.
(b) Public utilities and facilities are located & constructed so as to minimize flood damage.
(c) Adequate drainage is provided.
When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide
technical data to determine base flood elevations for each developable parcel shown on the design plans.
9.1.10 Recreational Vehicles. In A, A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must
be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less
than 180 consecutive days or be fully licensed and highway ready.
9.1.11 Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the Floodplain Administrator shall notify the
following of any alteration or relocation of a watercourse:
• Adjacent Communities, especially upstream and downstream
• Bordering States, if affected
• NFIP State Coordinator
• NFIP Program Specialist
9.1.12 Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood elevation in the FEMA
mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or
scientific data that supports the change(s.) Notification shall be submitted to:
• NFIP State Coordinator
• NFIP Program Specialist
9.1.13 Variances to Building Code Floodplain Standards. The Town will request from the State Building Code Appeals Board a written
and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and (ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay
district.
9.1.14 Variances to Local Zoning By-Law Related to Community Compliance with National Flood Insurance Program (NFIP).
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to
the variance, and will maintain this record in the community’s files.
93Source page 96
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and (ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay
district.
9.1.15 Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District section
shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
9.1.16 Disclaimer of Liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total
flood protection.
9.1.17 Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder
of the ordinance shall be effective.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 9.1, Flood Plain Overlay District, be amended as set forth in the
Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 28 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 6-0
David McCarthy, Chair of the Planning Board, moved Article 28 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on 2/5/2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance with
the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to amend section 9.1 of the
Zoning By-laws, as follows, or to take any other actions related thereto.”
“Notice of the Planning board hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of general
circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of Selectmen
at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting”
Mr. McCarthy explained that this specific article is required by FEMA and it required in order for residents to obtain flood insurance.
VOTED: Article 28 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 29
AMEND ZONING BY-LAW SECTION 11.0
Article 29 To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows, with new word definitions being incorporated
into the existing text in order alphabetically with the existing word definitions:
1. By adding the definition of “Mixed-Use” as follows:
Mixed-Use: A building containing residential in addition to non-residential uses.
2. By adding the definition of “Gross Floor Area” as follows:
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space, attic space, and spaces used for heating and
utilities and other mechanical apparatus, storage and/or automobile parking.
3. By adding the definition of “Development Parcel” as follows:
94Source page 97
Development Parcel: One or more lots which together are designated by a project applicant as a Development Parcel. 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’ per the application.
4. By amending the definition of “Common Open Land” as follows:
Common Open Land: A parcel or parcels of undeveloped land or an area of water, or a combination of undeveloped land and water
within the site designated for a Flexible Residential Development, maintained and preserved for open uses, and designed and intended for
the use or enjoyment of residents of the Flexible Residential Development. Common Open Land may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Flexible Residential
Development, but shall not include streets or parking areas except those incidental to open space use. An 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 property or members of the public.
5. By deleting the definition of and definitions associated with “Mixed Use Overlay District” as follows:
Mixed Use Overlay District: The following definitions shall apply in the MUOD, Section 9.4.
Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit for
construction of an MUOD project, hereunder. The applicant must own or be the beneficial owner of all the land included in the
proposed MUOD site or have authority from the owner(s) to act for the owner(s) 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 MUOD adjacent to the 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 MUOD site, separated into stages where applicable.
Gross Square Feet of Nonresidential Floor Area: The total non-residential floor area contained within exterior walls but does
not include basement space used for heating and utilities, storage or for automobile parking.
Mixed Use: A use which utilizes a minimum of sixty percent (60%) and a maximum of seventy-five percent (75%) of a building
or buildings as residential use and a minimum of twenty-five percent (25%) and a maximum of forty percent (40%) as non-
residential use. At least twelve percent (12%) of the residential use shall be for affordable housing as defined in G.L. c. 40B.
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.
Professional Office: The office of one skilled in an occupation that primarily services clients or patients rather than customers
including but not limited to the office of a lawyer, doctor, dentist, architect, engineer, real estate agent, insurance agent or the
studio of an artist, musician or teacher, or the workroom of a dressmaker, milliner, or photographer.
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 Acres: Land without a wet area and not subject to flooding.
Wet Areas: All land subject to the provisions of G.L. c. 131, s. 40 and 40A
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 11.0, Definitions, be amended as set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 29 be adopted as printed in the warrant.
95Source page 98
FINANCE COMMITTEE VOTE: 5-0
David McCarthy, Chair of the Planning Board, moved Article 29 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on 2/5/2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance with
the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to amend Section 11.0 of the
Zoning By-law.”
“Notice of the subject matter for the public hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of
general circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of
Selectmen at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting”
VOTED: Article 29 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 30
AMEND TABLE OF USE REGULATIONS, TABLE A
Article 30 To see if the Town will vote to amend Zoning By-law Section 3.1.4 Table of Use Regulations as follows, with bold and underlined
language indicating changes, or take any other action related thereto:
PRINCIPAL USE SR GR B CB LI LI LI I POS
(B) (C)
A. Residential Uses
Single family dwelling Y Y N N N N N N N
Two-family dwelling, if located on a lot N Y N N N N N N N
having an area larger than the minimum
hereinafter required for the construction of
a single-family dwelling in the district by
an additional two thousand (2000) square
feet
Assisted Living and/or Independent Living N BA BA BA N BA BA N N
Facility1
Boarding or lodging house2 N BA N N N N N N N
Mixed-Use building3 containing dwelling N N Y Y N N N N N
units in combination with stores or other
permitted uses, if located on a lot having a
minimum area of ten thousand (10,000)
square feet for the first dwelling unit and
an additional two thousand (2,000) square
feet for each dwelling unit in excess of one
(1) accommodated therein
Multi-family dwelling4 N BA N N N N N N N
1
See Section 8.2.2 and 8.7 for special regulations
2
See Section 8.3 for special regulations
3
See Section 8.8 for special regulations
4
See Section 8.2 for special regulations
96Source page 99
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Table of Use Regulations, be amended as set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 30 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 5-0
David McCarthy, Chair of the Planning Board, moved Article 30 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on February 5, 2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance
with the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to amend Zoning By-law
Section 3.1.4 of the Zoning By-laws.
To see if the Town will vote to amend Zoning By-law Section 3.1.4 Table of Use Regulations with bold and underlined language indicating
changes.
Notice of the subject matter for the public hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of
general circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of
Selectmen at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting”
VOTED: Article 30 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 31
ADD ZONING BY-LAW SECTION 8.8 MIXED-USE
Article 31 To see if the Town will vote to add Zoning By-law Section 8.8 MIXED-USE as follows or take any other action related thereto:
8.8 MIXED-USE
8.8.1 Purpose.
1. To promote public health, safety, and welfare by encouraging active community life;
2. To mitigate traffic congestion by promoting housing proximate to compatible commercial uses.
3. To enable the creation of livable, walkable neighborhoods in the town’s commercial districts.
4. To encourage the continued use of historic village centers.
5. To promote the creation of affordable and attainable housing opportunities for all incomes and ages by increasing residential
density and mixed-use where appropriate.
8.8.2 Definitions. Within this section, the following terms shall have the following meanings:
1. Active Use. Any public or semi-public use that encourages pedestrian activity along the front of a building and utilization of a
building during substantial portions of the day on most days. Examples of active uses include but are not limited to:
a. Retail
b. Restaurant or bar
c. Entertainment uses
d. Personal service uses such as salons, barber shops, or spas
e. Artist galleries and artist studios, provided a publicly accessible gallery is included
f. Publicly facing government services
g. Health and fitness facilities
2. Back-lot Structure. Any building that does not front a public way or public open space and which is not the most visually
prominent building on a parcel when viewed from the primary public way or public open space adjacent to that parcel.
3. Ground Floor Frontage. The ground floor facade of the principal structure which faces a public way or public park or, in the
case of a corner lot, the facade which faces the more prominent public way or public park.
97Source page 100
4. Office Uses, Consumer-Facing. Any business or professional offices, medical offices, urgent care facilities, and accessory
leasing offices, provided those uses can reasonably expect regular visits of clients and customers. This includes but is not limited
to doctors’ offices, dentists, attorneys, financial services, realtors, and others, provided these uses meet the general definition given
here.
5. Office Uses, Non-Consumer-Facing. Any business, professional, medical, or other office uses that do not meet the definition
of consumer-facing offices. This includes but is not limited to professional services and administrative service offices with
infrequent visits from clients and customers.
6. Semi-Active Amenity Uses. Accessory communal areas, amenity areas, or services for the building residents only.
7. Upper Floor. Any full story above the ground story of a building.
8.8.3 Applicability. Mixed-use developments that follow the provisions of this section shall be allowed according to the Table of Use
Regulations in this Zoning By-Law.
8.8.4 Use Regulations, Principal Structures. The following regulations shall govern the uses located within the principal structures
of mixed-use developments.
1. Ground floor, fronting a public way or public park
a. Uses allowed by right
i. Active uses as defined in this section
ii. Consumer-facing office uses
iii. An entryway, lobby, and related circulation areas leading to parts of the building that are either on upper floors
or not fronting a public way
iv. Semi-active amenity uses
b. Uses allowed by special permit
i. Non-consumer-facing office uses
c. Uses Not permitted
i. Housing units
ii. Parking and driving aisles, except driving aisles to reach parking facilities when there is no alternative access
available
iii. Automobile-oriented uses, including but not limited to auto repair, car washes, and drive-through retail or food
service
iv. Building mechanical, maintenance, or operations
v. Any other use that is not open to the public
2. Ground floor, not fronting a public way or public park
a. Uses allowed by right
i. Active uses as defined in this section
ii. Consumer-facing and non-consumer-facing office uses
iii. Semi-active amenity uses
iv. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
v. Accessory storage for building residents
vi. Building mechanical, maintenance, or operations
b. Uses allowed by special permit
i. Housing Units
3. Upper floors
a. Uses allowed by right
i. Housing units
ii. Semi-active amenity uses
iii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iv. Accessory storage for building residents
v. Building mechanical, maintenance, or operations
4. Below ground areas
a. Uses allowed by right
i. Semi-active amenity uses
ii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
iii. Accessory storage for building residents
iv. Building mechanical, maintenance, or operations
v. Parking
b. Uses allowed by special permit
i. Active uses as defined in this section, provided uses are visible from the ground floor and can be accessed from
a public way or public park
ii. Office uses, consumer facing and non-consumer-facing
c. Uses not permitted
i. Housing units
98Source page 101
8.8.5 Use Regulations, Back-lot Structures. The following regulations shall govern the uses located within any back-lot structures in
mixed-use developments.
1. Uses allowed by right.
a. Semi-active amenity uses
b. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas
c. Accessory storage for building residents
d. Building mechanical, maintenance, or operations
e. Parking
2. Uses allowed by special permit
a. Active uses as defined in this section, but only on the ground floor or lowest upper floor
b. Office uses, consumer-facing and non-consumer-facing
c. Housing units
3. Uses not permitted
a. Automobile-oriented uses, including but not limited to auto repair, and drive-through uses
8.8.6 Dimensional Regulations. Mixed-use developments permitted under this section shall follow the dimensional regulations in
Section 4 of this Zoning By-Law.
8.8.7 Site Planning.
1. Principles. The site plan of mixed-use developments permitted under this section should adhere to the following principles:
a. Promote a walkable and vibrant public realm along a public way or public open space.
b. Emphasize the connection between public ways and open spaces and the uses of the building.
c. Promote the active use of any space between the ground floor frontage and public right-of-way.
d. Minimize the visual and physical impact of parking facilities, primarily from the street in front of the site and secondarily
from the side and rear, through building placement and context-appropriate landscaping treatments.
2. Standards
a. Automobile parking facilities shall be behind the principal structure. In cases where parking behind the structure is not
feasible, parking to the side of the structure is permitted, provided it is set back at least ten feet from the front of the
front facade.
b. Loading facilities shall not be located at the ground floor frontage. If possible, loading facilities should be located at the
rear of the building.
c. To the extent possible, automobile access to parking and loading should be located at the side or rear of the parcel and
should be screened from view from the public ways or public open spaces along the front of the parcel and from side
and rear adjacent parcels.
d. Bicycle parking should be located near the primary entrance to the development’s housing units and/or the primary
entrance to ground floor units.
e. The principal entrance of any ground floor active use space should be along the ground floor frontage.
f. The principal entrance leading to the housing units may be along the ground floor frontage or along the side or rear
facades.
g. Exterior stairs leading to residential portions of the mixed-use development should be located on the side or rear of the
building.
8.8.8 Moderate Income Units. For developments proposing five (5) residential units or more, not fewer than ten percent (10%) of
the dwelling units shall be deed restricted in perpetuity for occupancy by persons earning not more than eighty percent (80%) of
the area median income as defined and regulated by the Commonwealth’s Executive Office of Housing and Livable Communities
(EOHLC). For purposes of calculating the number of units of Affordable Housing required within a development project, a
fractional unit shall be rounded up to the next whole number. Moderate-income housing units must 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.
8.8.9 Severability. The provisions of this section are severable. If any court of competent jurisdiction shall invalidate any provision
herein, such invalidation shall not affect any other provisions of this section. If any court of competent jurisdiction shall invalidate the
application of any provision of this section to a particular case, such invalidation shall not affect the application of said provision to any
other case within the Town.
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 8.8 Mixed-Use, be added to the Zoning By-law as set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
99Source page 102
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 31 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 5-0
David McCarthy, Chair of the Planning Board, moved Article 31 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on 2/5/2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance with
the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to add Zoning By-law Section
8.8 Mixed Use of the Zoning By-laws or take any other action related thereto.
To see if the Town will vote to add Zoning By-law Section 8.8 Mixed Use as follows: (1) To promote public health, safety, and welfare by
encouraging active community life; (2) To mitigate traffic congestion by promoting housing proximate to compatible commercial uses; (3)
To enable the creation of livable, walkable neighborhoods in the town’s commercial districts; (4) To encourage the continued use of historic
village centers; and (5) To promote the creation of affordable and attainable housing.
Notice of the subject matter for the public hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of
general circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of
Selectmen at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting”
VOTED: Article 31 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 32
AMEND ZONING BY-LAW SECTION 10.7 CANTON CENTER DESIGN REVIEW
Article 32 To see if the Town will vote amend Zoning By-law Section 10.7 as follows, with bold and underlined language indicating changes.
10.7 CANTON CENTER DESIGN REVIEW
10.7.1 Purpose. 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 Central Business District 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
Planning 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.
10.7.2 General. The Planning Board shall follow the Canton Center Design Principles contained in this Section 10.7 and any applicable
regulatory policies or guidelines that may be adopted. The Planning Board 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.
10.7.3 Not Used Model. The applicant shall provide a three-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);
100Source page 103
2. Neighboring buildings, as determined by the Planning Board;
3. Property lines;
4. Proposed topography modeled at two (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;
9. Any other significant facilities or structures deemed appropriate by the Planning Board;
10. A legend that explains the design principles employed in designing the site.
The Model shall accurately replicate the applicant’s 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'.
10.7.4 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 resources (Forge Pond and the Canton River).
10.7.5 Townscape Design; Statement of Principals.
1. To promote the thoughtful design or redesign of buildings within the Central Business District 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).
5. To provide buildings in scale and in proportion to the adjacent existing structures, open space and natural and manmade
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.
10.7.6 Open Space. The design of new or altered buildings shall insure that valuable open space 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.
10.7.7 Open Space 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.
5. To provide small parks with benches and other amenities that are accessible to the general public.
101Source page 104
6. Non-surface off-street parking shall be provided to minimize paved surface areas, wherever possible.
10.7.8 Preservation 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.
10.7.9 Preservation 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.
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.
10.7.10 Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of 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-law
Section 6.3.
10.7.11 Signs and Awnings 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.
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.
102Source page 105
10.7.12 Heritage Structures. The Planning Board shall insure that proposed new buildings respect adjacent Heritage Structures. When
appropriate, the Planning Board will consult with and request opinions and information from the Historical Commission regarding Heritage
Structures.
1. The Planning Board 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 Planning Board. The Planning Board shall promote
the preservation of Heritage Structures and shall actively advocate for their rehabilitation.
10.7.13 Heritage Structures 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 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.
10.7.14 Not Used
10.7.15 Not Used
10.7.16 Not Used
10.7.17 CCDRB; Administrative Procedures. It is the responsibility of the applicant to distribute copies of plan that require design review
to the members of the Planning Board. The applicant shall provide six eight (6) copies of plans and related materials required for design
review. The original copy of the dated Planning Board application (requesting Canton Center Design Review) shall be filed with the Board
of Appeals.
1. Not Used 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.
103Source page 106
2. The Planning Board shall within thirty (30) days following the date such distribution is made, file a Canton Center Review
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 Planning Board submits to the Board of Appeals within the
initial thirty (30) day period and with the consent of the applicant, a request to extend the time of filing for an additional thirty (30)
days.
3. Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and recommendations of the Planning Board’s
design review, the ZBA shall not be bound by any specific findings or recommendations.
10.7.18 Uses and Activities Subject to Design Review. The following uses and activities in the Central Business Canton 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. Not Used 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, other than any construction, alteration, demolition or
removal of a single family residence which does not change the single family use of the structure or site, shall be subject to review
by the Planning Board. This includes all actions except those that are considered to be routine maintenance.
10.7.19 Design Standards and Criteria.
1. Specific Site Design Standards:
i. Building Placement: The building shall be placed at the front of the property and oriented along the street to be the
most prominent feature of the property and define the primary and secondary street frontages.
ii. Parking Placement: Parking is required to be located to the rear of the building or underground integrating with the
foundation of the building.
iii. Integrated Access Drives: All access drives shall be designed to be secondary to the sidewalk. Sidewalks shall be
continuous and uninterrupted in materials, elevation, and grading.
iv. Compatible with Context: The site design including the selection of materials and products shall contribute to a
cohesive Downtown environment and strengthen the sense of place.
2. Specific Frontage Design Standards:
i. Integrated with Public Realm: The private property between the front lot line and the building shall be integrated and
indistinguishable from the adjacent public realm.
ii. Coordinated Materials: The surface treatments of sidewalks and plazas on the private property shall extend the
materials, details, and design features of the adjacent public realm.
iii. Extended Sidewalk Area: The space between the building and the street shall be an extension of the sidewalk and
public realm.
3. Specific Building Design Standards:
i. Building Scale Horizontally: The building massing and form shall be designed to reduce the scale of the building by
breaking the horizontal building mass into smaller “bays.” No bay shall be wider than 40 feet.
ii. Building Scale Vertically: The building massing and form shall be designed to reduce the scale of the building by
breaking the vertical building mass to reduce the perceived height of the building. For example, a step back at the top
floor reduces the visual impact of the height of that floor.
iii. Step Back: The fourth floor must step back 12 feet from the front and sides of the third floor.
104Source page 107
iv. Relationship to Context: Building height and massing should respond to and complement the abutting context by
responding to the height of surrounding buildings with a change in building massing, a step back or feature of the
architectural design or building materials.
4. Specific Facades, Windows and Doors Design Standards:
i. Active Ground Floor: The ground floor must place active uses with transparent windows toward the primary frontage.
The ground floor facade must be a minimum of 60% transparent glass (including window trim, sills, spacers, and
mullions.
ii. Facade Transparency: The ground floor shall be more transparent with glass storefronts showing active uses within
the building. The upper levels shall be less transparent and shift from a storefront system to punched window openings.
iii. Facade Visual Interest: Any side of the building that is visible from a street or sidewalk shall have windows. Blank
walls do not contribute to a vibrant downtown environment. Where a blank wall length greater than 40 feet is unavoidable
it shall be location of an art installation or mural.
5. Specific Parking Design Standards:
i. Parking Location: All parking shall be located to the rear of the building or in some circumstances designed to be
integrated with the foundation of the building with integrated ramp access to parking below grade.
ii. Efficient Parking Access: Access to parking shall be as efficient as possible and reduce conflict with sidewalks.
iii. Minimize Sidewalk Disruption: Minimize the width of curb cuts and driveways, with a preference for the narrowest
width possible.
6. Specific Signage Design Standards:
i. Consistent Sign Band: In order to strengthen the downtown environment, signage shall be attached to the building at
a consistent height above the ground floor storefront system in a “sign band” area.
7. Specific Landscape and Open Space Design Standards:
i. Landscape as a Feature of Downtown: A lush and enhanced landscape should be viewed as one of the common
characteristics of Canton Center. An increase in the amount of landscaping and its enhanced maintenance and care
should be a noticeable feature of the district.
ii. Preserve Existing Trees: Existing trees shall be preserved on the property with a particular focus on preservation and
protection of established street trees, shade trees, and mature trees providing buffers to adjacent properties. It is less
costly to preserve and enhance existing trees and shrubs. When undertaking construction or improvements, ensure that
existing trees are well-protected. Consult with the landscape professional as to accepted arbor care standards for tree and
plant protection.
8. Specific Pedestrian and Bicycle Improvement Design Standards:
i. Integrate Secure Bicycle Parking Areas: Parking for bicycles shall be integrated into the site design for the property
providing convenient locations to securely lock bicycles on the property.
9. Specific Site Service and Utilities Design Standards:
i. Locate Behind the Building: All loading, service, and access areas shall be located to the rear of the building.
ii. Screening Requirements: All dumpsters or other service areas shall be completely visually enclosed with a screening
wall or fence and integrated with the overall site layout.
iii. Integrate with the Rear Ground Floor Facade: Loading dock and service areas that are part of the building shall be
located on the rear facade and shall be integrated with the design of the ground floor.
Select Board for the Planning Board
105Source page 108
PLANNING BOARD MOTION:
MOVED: That the Zoning By-law, Section 10.7 Canton Center Design Review, be amended as set forth in the
Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 32 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 4-0
David McCarthy, Chair of the Planning Board, moved Article 32 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on 2/5/2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance with
the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to amend Section 10.4 Canton
Center Design Review of the Zoning By-laws or take any other action related thereto.
Notice of the subject matter for the public hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of
general circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of
Selectmen at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting”
VOTED: Article 32 adopted as printed. ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 33
AMEND ZONING BY-LAW SECTION 4.3.7 HEIGHT EXCEPTION FOR CENTRAL BUSINESS DISTRICT
Article 33 To see if the Town will vote to add Zoning By-law Section 4.3.7 Exception for Central Business District as follows or take any
other action related thereto:
4.3.7 Exception for Central Business District.
In the Central Business District, the Board of Appeals may, in a specific case during site plan review, allow a maximum height of four
stories or fifty-two feet (52') for a building, whichever is lower, in accordance with the following provisions:
1. The building must be proposed as mixed-use with non-residential uses on the ground floor; and
2. The fourth floor must step back 12 feet from the front and sides of the third floor
Select Board for the Planning Board
PLANNING BOARD MOTION:
MOVED: That Section 4.3.7 Height Exception for Central Business District, be added to the Zoning By-law as
set forth in the Warrant.
PLANNING BOARD VOTE: 4-0-0
FINANCE COMMITTEE RECOMMENDATION: The Finance Committee recommends that the motion presented by
the Planning Board to Town Meeting for Article 33 be adopted as printed in the warrant.
FINANCE COMMITTEE VOTE: 4-0
David McCarthy, Chair of the Planning Board, moved Article 33 as printed in the warrant and gave the following report:
“This is to certify that a public hearing concerning the subject matter of the warrant for the 2025 Annual Town Meeting was held by the
Planning Board on [February] 5, 2025 in the Salah Meeting Room, Town Hall, 801 Washington Street, Canton, Massachusetts, in accordance
with the provisions of the Massachusetts General Laws, Chapter 40A, as most recently amended, to see if the vote to add Zoning By-law
Section 4.3.7 Height Exception for Central Business District, or take any other action related thereto.
106Source page 109
Notice of the subject matter for the public hearing, sufficient for identification has been published in the Canton Citizen, a newspaper of
general circulation in the Town on 1/16/25 and 1/23/25; and on file in the office of the Planning Board, the Town Clerk, the Board of
Selectmen at Memorial Hall, and at the reference desk at the Canton Public Library.
On 2/5/25 the Planning Board by a vote of four (4) members voted 4-0 to send a positive recommendation that this article be adopted by
Town Meeting.”
VOTED: Article 33 adopted as printed.ADOPTED UNANIMOUS VOICE VOTE
ARTICLE 34
AMEND ZONING BY-LAW SECTION 9.8 CCEOD
Article 34 To see if the Town will vote to delete Zoning By-law Section 9.8 CANTON CENTER ECONOMIC OPPORTUNITY
DISTRICT (CCEOD) and replace with NOT USED
9.8 Not Used CANTON CENTER ECONOMIC OPPORTUNITY DISTRICT (CCEOD)
9.8.1 Sub-districts. The CCEOD is divided into three separate and distinct sub-districts of Canton Center 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 two thousand (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 one thousand (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.
3. Priority Revitalization Area “C”: That area of Canton Center that runs along Revere Street from the boundary of Priority
Revitalization “A” to the intersection of the railroad bridge/tracks and Revere Street, a distance approximately 2,300 linear
feet.
4. Priority Revitalization Areas “A” and “B” are shown on a map entitled “Canton Center Economic Opportunity District
(Priority Revitalization Area “A” and Priority Revitalization “B”) prepared by the Canton Planning Department and dated
December 20, 2004.
5. Priority Revitalization Area “C” is shown on map entitled “Canton Center Economic Opportunity District (Priority
Revitalization Area “C”) prepared by Vanasse Hangen Brustlin, Inc. and dated January 5, 2015.
6. The maps described immediately above are hereby incorporated by reference in this Section 9.8.
7. Certain activities in The Priority Revitalization Areas are subject to Design Review as set forth in section 10.7.
9.8.2 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 9.8 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 (SPGA) to require adherence to "Site Development and Use Plans" in the granting
of a special permit.
107Source page 110
9.8.3 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.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.
9.8.4 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".
9.8.5 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.
9.8.6 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.
9.8.7 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;
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.
9.8.8 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, 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.
108Source page 111
4. Restaurant and other on-premises eating and drinking establishments.
9.8.9 Priority Revitalization Area “A”; Standards.
1. Minimum Lot Size. The minimum lot size is ten thousand (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 sixty thousand (60,000) sq. ft. of "buildable lot area" shall have a
minimum frontage of one hundred twenty (120) feet and at least one (1) means of ingress/egress. Each means of ingress/egress
shall have a continuous frontage of not less than sixty (60) 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. 10,000 square feet of lot area required for the first dwelling unit and
2,000 square feet of additional lot area required for each additional
dwelling unit thereafter.
b. Three thousand (3,000) gross square feet of nonresidential floor area per ten thousand (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.
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.
8. 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.
9.8.10 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 two hundred (200)
square feet in size.
9.8.11 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 required amounts stipulated in the Zoning By-law Section 6.1 Off-Street parking.
9.8.12 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.
109Source page 112
1. Below grade structured parking may be designed to allow two (2) cars to park in "tandem". In such cases, each of the two (2)
"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 (2) parking spaces placed one behind another in single file.
9.8.13 Not Used
9.8.14 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.
9.8.15 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 twenty-four
(24) hour average sound level, in decibels; resulting from the accumulation of noise from all sources contributing to the external noise
environment of the site with 10 decibels added to sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level (L
dn) shall be determined in accordance with The Code of Federal Regulations Title 24-Housing and Urban Development, Part 51
Environmental Criteria and Standards (24 CFR 51).
9.8.16 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 (4) units or less, the Board may decide to waive this requirement; for Occupancy by persons earning not more than eighty
percent (80%) of the area median income as defined and regulated by the Commonwealth's Department of Housing and Community
Development, and twenty percent (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.
9.8.17 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 twenty percent (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.
9.8.18 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.
9.8.19 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.
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.
110Source page 113
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.
9.8.20 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 Area “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.
9.8.21 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-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.
9.8.22 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 in 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.
9.8.23 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.
111Source page 114
9.8.24 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 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.
9.8.25 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 (1) 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.
9.8.26 Priority Revitalization Area “B”; Standards.
1. Minimum Lot Size. The minimum lot size is ten thousand (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.
2. Lot Coverage. 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.
3. Minimum Lot Frontage and Access. Lots shall have a minimum of seventy-five (75) feet of continuous frontage. Each means
of ingress/egress shall have a continuous frontage of not less than seventy-five (75) feet.
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. 10,000 square feet of lot area required for the first dwelling unit and 4,000 square feet of additional lot area
required for each additional unit thereafter.
b. Two thousand (2,000) gross square feet of non-residential floor area per ten thousand (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.
112Source page 115
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 Public 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 (100) feet 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 (30) feet and a side yard
setback requirement of not less than ten (10) feet 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-five (35) feet.
11. Height Regulations. No building shall be constructed to exceed the height of the underlying zoning or thirty-six (36) feet,
whichever is lower. Maximum building height shall be measured as set forth in the State Building Code 780 CMR 101.0 et seq.
9.8.27 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 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.
9.8.28 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 required amounts stipulated in the Zoning By-law Section 6.1 Off-Street parking.
9.8.29 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".
9.8.30 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 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 day-night average sound level (L dn) is the 24-hour average sound level, in decibels,
resulting from the accumulation of noise from all sources contributing to the external noise environment of the site with 10 decibels added
to sound levels occurring from 10:00 a.m. to 7:00 p.m. The day-night average sound level 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).
113Source page 116
9.8.31 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 (4) units or less, the Board may decide to waive this requirement; for occupancy by persons earning not more than eighty
percent (80%) of the area median income as defined and regulated by the Commonwealth's Department of Housing and Community
Development and twenty percent (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.
9.8.32 Priority Revitalization Area “B”; Alternative to Affordable Units: As an alternative to including affordable units pursuant to
Section 9.8.31, 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.
9.8.33 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.
9.8.34 Priority Revitalization Area “C”; Purpose. 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 that will
generate employment and tax revenue.
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 and encourage mixed-use development, including but not limited to, Multi-family Dwellings, Fifty-Five Years of
Age or Older Housing, offices, kindergarten and pre-schools, municipal uses, historic preservation, recreational uses, retail
shops and industrial uses.
4. To permit the use of new development standards, which will promote the desired changes in and near Canton Center.
5. To permit and encourage the development of open spaces which would be available for use by the general public.
6. To provide information on the potential impacts of a proposed development.
7. To enable the Special Permit Granting Authority (SPGA) to require adherence to “Development and Use Plans” in the
granting of a special permit.
8. To provide for development in a manner that creates harmony between residential and non-residential neighborhoods,
protects existing abutting neighborhoods, and minimizes the development impact on nearby neighborhoods, while
conserving and enhancing environmental features, woodlands, wet areas, the Canton River, open spaces and areas of scenic
views, beauty, and vistas such as, for example, the Viaduct.
1.8.35. Priority Revitalization Area “C”; Definitions. For the special purposes of Priority Revitalization Area “C” only, the
following words and phrases shall have the meanings hereinafter indicated.
Applicant: The person or legal entity that applies for issuance of a special permit for permission to construct a Project that
conforms to the requirements of this By-Law for Priority Revitalization Area “C”. The Applicant must own or be the beneficial
owner of all the land included in the proposed site, or have written authorization from the owner(s) to act for him or must hold
an option or contract duly executed by the owner(s) giving the Applicant the right to acquire the land to be included in the site.
Buffer Area: An area within the CCEOD Revitalization Area “C” adjacent to the boundaries, streams, rivers, ponds, which may
not be developed except in accordance with the Massachusetts Wetlands Protection Act and its implementing regulations (MGL
Chapter 131, Sections 40 and 40A, and 310 CMR 10.00) and other requirements herein.
114Source page 117
Building Height: Building height shall be measured as set forth in this section 9.8 and measured as set forth in the State
Building Code 780 CMR 101.0 et seq. Height shall be subject to the provisions of Section 4.3 of the By-Law except as otherwise
provided in this Section 9.8.
Buildable Lot Area: The area of a Lot excluding any land defined as a Resource Area.
Common Open Land: An 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 or
members of the public.
Development Agreement: A written agreement executed by the Board of Selectmen and the Applicant concerning the Project
containing, without limitation, actions to be taken by the Applicant to mitigate potential adverse effects of the Project.
Development Parcel: One or more Lots within Priority Revitalization Area “C” which together are designated as a
Development Parcel on a Lot 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’.
Development Schedule: A schedule showing the anticipated order and timing of construction and the sequence of the
improvements to be built on the Priority Revitalization Area “C” site, separated into stages where applicable.
Fifty-Five Years of Age or Older Housing: Housing facilities (including, without limitation, in independent or congregate
facilities) for individuals fifty-five (55) years of age or older as allowed under Massachusetts General Laws c. 151B, Section 4.
Gross Floor Area: Total floor area contained within exterior walls, excluding basement space, attic space and spaces used for
heating and utilities and other mechanical apparatus, storage and/or automobile parking.
Lot: A single contiguous tract of land including at least the minimum amount of Buildable Lot Area required herein and located
entirely within the Development Parcel and Priority Revitalization Area “C”, which may be shown on an approved definitive
subdivision plan under G.L. c. 41, Section 81K or an endorsed “approval not required” plan under G.L. c. 41, Section 81P. More
than one building may be located on a Lot, subject to compliance with all applicable dimensional requirements of this Section 9.8.
Lot Development and Use Plan: A plan approved by the SPGA for the development and use of a particular Lot within a
Development Parcel pursuant to the special permit process for the Priority Revitalization Area “C”. A Lot Development and Use
Plan shall comply with the plan contents requirements of Section 10.5.2 of the Zoning By-Law. The Special Permit process and
the Site Plan Review process under Section 10.5.1 may occur contemporaneously.
Mixed-Use Development: A development that contains both residential and non-residential uses.
Professional Office: The office of one skilled in an occupation that primarily services clients or patients rather than customers
including, but not limited to, the office of a lawyer, doctor, dentist, architect, engineer, landscape architect, real estate agent,
insurance agent, or the studio of an artist, musician, teacher, or the workroom of a dressmaker, milliner, or photographer in which
retail sales are incidental to office use.
Project: A residential, non-residential or mixed-use development for which a special permit or Special Permits is sought pursuant
to Section 9.8, the Priority Revitalization Area “C” overlay provisions. The Project may be developed and constructed in multiple
phases, subject to conditions to be set forth in the Special Permit(s).
Regulations: The applicable rules and regulations adopted by the Board of Appeals relative to special permits pursuant
to M.G.L. c.40A, Section 9.
Resource Area: All land subject to jurisdiction under 310 CMR 10.02(1)(a) and (b) (which shall not include land subject to
flooding or riverfront area).
Small Scale Retail: Retail stores with a gross floor area of 10,000 square feet or less.
Upland Acres: Land area not in a Resource Area.
All terms not defined in the provisions of this Zoning By-Law related to the Priority Revitalization Area “C” shall have the
meanings ascribed to them in Section 11 of this Zoning By-Law.
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9.8.36 Priority Revitalization Area “C”; Scope of Authority.
Priority Revitalization Area “C” shall be an overlay district and shall not restrict the landowner’s rights relative to the underlying zoning
districts. However, if the landowner elects to apply for a special permit under the provisions of this section 9.8 applicable to Priority
Revitalization Area “C”, the development shall conform to the requirements of this section 9.8 for Priority Revitalization Area “C” and
shall not be required to conform to the requirements of the underlying zoning districts to the extent the Project is built pursuant to a
Special Permit(s).
9.8.37 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” pursued under this Section 9.8. All special permit applications shall conform to the provisions,
of this Section 9.8 with respect to Priority Revitalization Area “C” and the Board of Appeals’ Rules and Regulations adopted pursuant to
M.G.L. c.40A, Section 9 governing the administration of applications for special permits.
In determining whether the criteria for grant of a special permit stated in this Zoning By-Law have been satisfied, the SPGA may grant a
special permit applicable to a Project in Priority Revitalization Area “C” only if the SPGA finds that the adverse impacts of the Project will
be outweighed by the benefits of the project to the Town, 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. Notwithstanding, the
foregoing, any mitigation required under the Performance Standards contained in Section 6.7 of this Zoning By-Law may be found by the
SPGA to be satisfied by the terms of a Development Agreement between the Town and the Applicant.
The SPGA may in its discretion waive any of the Standards and Criteria stated in Section 9.8.40, any of the Densities stated in Section
9.8.41 and any of the Setbacks and Yard Regulations stated in Section 9.8.42 if the SPGA finds that such waiver satisfies the criteria stated
in Section 10.4.2 of this Zoning By-Law for grant of a special permit and the general conditions stated in Section 10.5.5 of this Zoning By-
Law for approval of a site plan.
9.8.38 Priority Revitalization Area “C”; Applicability.
In Priority Revitalization Area “C”, 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 Lot 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.
In the event of damage or destruction to any buildings or structures originally constructed pursuant to a Special Permit and Lot
Development and Use Plan issued hereunder, such buildings and structures may be rebuilt and restored consistent with the original Special
Permit and such Lot Development and Use Plan without the requirement of obtaining a new Special Permit or Lot Development and Use
Plan from the SPGA.
9.8.39 Priority Revitalization Area “C”; Uses Permitted by Special Permit.
Within Priority Revitalization Area “C”, the SPGA 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.
A. Residential Uses:
1. Multi-family Dwellings, including, without limitation, Townhouse style dwellings, Mid-rise style units, and ancillary
facilities and amenities.
2. Fifty-Five Years of Age or Older Housing and ancillary facilities and amenities.
3. Accessory structures (whether at, below, or above grade) and surface parking, driveways and roadways, serving any
uses within the Development Parcel.
4. All other residential uses allowed by right or by special permit in the underlying zoning district.
B. Non-Residential Uses:
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.
116Source page 119
3. Restaurants with or without the service of alcoholic beverages (provided that if alcoholic beverages are served any
bar area does not comprise more than thirty-five percent (35%) of the floor area of the restaurant), including both
indoor and outdoor seating.
4. Banks or similar financial institution, including drive-through facilities.
5. Child Care Centers, Pre-Schools and Kindergartens.
6. Recreational facilities.
7. Private and public open spaces.
8. Municipal uses.
9. Accessory structures (whether at, below, or above grade) and surface parking, driveways and roadways, serving any
uses within the Development Parcel.
10. All uses allowed by right or by special permit in the underlying zoning district.
C. The following uses are specifically prohibited 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, may be authorized by the SPGA as part of a special permit for a Priority Revitalization Area “C”
Project.
D. For Projects permitted in the Priority Revitalization Area “C” there shall be no non-resident deliveries or shipments between
10:00 p.m. and 7:00 a.m. Monday through Friday; and there shall be no non-resident deliveries or shipments between 10:00
p.m. and 8:00 a.m. on weekends.
9.8.40 Priority Revitalization Area “C”; Standards and Criteria
A. In addition to the specific criteria contained within Section 10.4, the SPGA shall issue a special permit for development
within Priority Revitalization Area C only after consideration of the project’s compliance with the following additional
criteria:
1. 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 9.8.
B. Minimum Development Size
1. Development Parcel Area Requirement:
a. The minimum Development Parcel area is twenty-five acres of Buildable Lot Area determined as of the
time of approval and endorsement of the application for the first Lot Development and Use Plan
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.
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2. Lot Area Requirement:
a. The minimum lot area 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.
C. Building Coverage:
1. Development Parcel Requirement: No building on the Development Parcel shall be constructed so as to cover,
together with any other buildings on the Development Parcel, more than thirty percent (30%) of the Buildable Lot
Area of the Development Parcel.
2. Lot Requirement: No building on a Lot shall be constructed so as to cover, together with any other building on the
Lot, more than fifty percent (50%) of the Buildable Lot Area.
D. Minimum Frontage and Access:
1. Development Parcel Requirement:
a. Each Development Parcel shall have a minimum frontage of two hundred fifty (250) feet on a street or
way 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.
c. Lot Requirement: Each Lot shall have a minimum frontage of fifty (50) feet on a street or way.
E. Transition Area: Where a portion of the Development Parcel abuts another parcel, which is zoned for residential purposes, a
“Transition Area” of fifteen (15) feet or a screen wall of adequate height shall be provided at the perimeter of the
Development Parcel along the border with such abutting parcel. The Applicant shall file a landscape plan, prepared by a
Massachusetts Registered Landscape Architect that demonstrates in the opinion of the Board of Appeals sufficient plantings
to provide adequate screening within such Transition Area. Buildable Lot Areas or portions thereof that area also designated
as Transition Areas shall be included in the calculation of “Common Open Land”.
a. The SPGA may reduce the width of the required “Transition Area” and modify other landscape
requirements where the SPGA finds that suitable screening will be provided by other means such as
fencing or topography, and that such reduction will not have material adverse impact on the surrounding
neighborhood.
9.8.41 Priority Revitalization Area “C”; Density
No building or structure shall be designed, arranged or constructed and no building, structure, or land shall be used, in whole or in part,
which exceeds the densities specified below for residential and non-residential uses.
A. Residential Uses
Maximum permissible densities are as follows:
1. Multi-family Dwellings including, without limitation, Townhouse and Mid-rise style dwellings and ancillary facilities
and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area in a Development Parcel.
2. Fifty-Five Years of Age or Older Housing and ancillary facilities and amenities:
One dwelling unit per 2,600 square feet of Buildable Lot Area in a Development Parcel.
B. Non-Residential Uses
Maximum permissible density is as follows:
Two thousand (2,000) square feet of Gross Floor Area per 10,000 square feet of Buildable Lot Area in the Development
Parcel.
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