Annual Town Meeting 

Planning Board Town Meeting Articles

Town Meeting 2017

  1. Article 38 - Accessory Apartments (passed)
  2. Article 39 - Expiration date of a Site Plan (passed)
  3. Articles 40/41- Articles for Street Acceptance of Cedarcrest Road, Beatrice Way (indefinitely postponed)
  4. Article 42 - Article of Street Acceptance of New Boston Drive (passed)
  5. Article 43 - Canton Center Design Review Board appointment form the Canton Downtown Business Association (indefinitely postponed)
  6. Articles 44/49 - Adopting the Stretch Energy Code and amending the Manufacturing and Scientific or Research Laboratory definitions to include "renewable and alternative energy companies" (passed)
  7. Article 45 - Deletes the Section 4.2.1 Build Factor (passed)
  8. Article 46 - Expands Groundwater Protection Overlay District (passed)
  9. Article 47 - Funding an update to the 2004 Canton Master Plan (passed)
  10.  Article 48 - Rezone private golf courses in the Town of Canton from SRA to SRAA (passed)
  11. Article 50 - Amending Section 6.1 Off-Street Parking (passed)
  12. Article 51 - Withdrawn (see Article 52)
  13. Article 52 - Create a temporary moratorium on registered marijuana establishments until the state finalizes regulations (passed)
  14. Article 53 - Changing the Table of Use to allow Trade Shops in Limited Industrial and Limited Industrial (B) Districts (passed)
  15. Article 54 - Rezone Massachusetts Audubon and Trustees of the Reservation parcels as Parkland and Open Space (indefinitely postponed)
  16. Article 55 - Rezone conservation land (e.g. Department of Conservation and Recreation, Trustees of the Reservation, and Town of Canton) in the Zone II public water supply wellhead area to Parkland and Open Space (passed)

Article 38 - Accessory Apartments 
To see if the Town will vote to amend Section 8.1.5, “Procedures” of the Zoning By-Laws by deleting in its entirety the second sentence of Section 8.1.5.3 and substituting in its place the following: 

 “Said permit shall be automatically renewed for a subsequent three year term unless the Zoning Board of Appeals determines before the end of any said term that the permit should be reviewed by the Board and by the Building Commissioner.  If after said review the Board determines that there may be violations of the terms of the permit, the Board shall hold a hearing pursuant to M.G.L. c. 40A, s.11.  If after said hearing the Board determines that there have been violations the Board may amend the permit to address the violations, rescind the permit or recommend  that the Building Commissioner take other enforcement action.  The permit holder shall have a right of appeal pursuant to M.G.L. c.40A, s.17”; or to take any other action related thereto."  

Commentary: Accessory Apartments will be automatically renewed for 3 year period time unless Zoning Board of Appeals requires a review of the permit.

Article 39 - Expiration date of a Site Plan 
To see if the Town will vote to amend Zoning By-Laws Section 10.5.14 “Lapse” by deleting the words “one (1) year” and substituting in their place the words “two (2) years;” or to take any other action related thereto.

Commentary: Expiration date of a Site Plan shall increase to two years after approval and be in line with Special Permits. Currently Site Plan Approval expires after one year from a decision date.

Articles 40/41- Articles for Street Acceptance of Cedarcrest Road, Beatrice Way (indefinitely postponed)
Commentary: Articles for Street Acceptance of Cedarcrest Road and Beatrice Way. Cedarcrest Road and Beatrice Way are not ready for acceptance at this time. 

Article 42 - Article of Street Acceptance of New Boston Drive
Commentary: Article for Street Acceptance of New Boston Drive. 

Article 43 - Canton Center Design Review Board appointment form the Canton Downtown Business Association (indefinitely postponed)
Commentary:  Withdrawn as Canton Downtown Business Association will be re-forming and appointing a representative to the CCDRB. 

Articles 44/49 - Adopting the Stretch Energy Code and amending the Manufacturing and Scientific or Research Laboratory definitions to include "renewable and alternative energy companies"
ARTICLE 44
To see if the Town will vote to amend the Town of Canton General By-laws to add a new Article XXIII, Stretch Energy Code, as set forth below, to adopt the “Stretch Energy Code” for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, including future editions, amendments and modifications, or to take any other action related thereto.

ARTICLE 49 
To see if the Town will vote to amend Zoning By-Laws Section 11.0 as follows: 
1.     By deleting the definition of “Manufacturing” and replacing it with the following:
Manufacturing: The processing and manufacturing of materials, and the manufacturing of previously prepared materials, of finished products or parts. This includes processing, fabrication, assembly treatment, packaging incidental storage, sales and distribution of such products, including renewable and alternative energy companies; but excludes the following uses: packaging of meat and fish products, heavy punch presses or drop hammers. 
2.     By deleting the definition of “Scientific or Research Laboratory:” and replacing it with the following:
Scientific or Research Laboratory: Laboratory or research establishments including biotechnology companies (excluding laboratories categorized as Level 4 by the National Institutes of Health), and renewable and alternative energy companies.
Or to take any other action related thereto.  

Commentary: Adopting the Stretch Energy Code and adding amending the Manufacturing and Scientific or Research Laboratory definitions to include “renewable and alternative energy companies” both articles are critical for the town in order to obtain the Green Communities designation which qualifies the Municipal and School Departments for grants. These articles are supported by numerous town departments and committees including the DPW, Building department, Police and Fire departments, the Town Administrator, Board of Selectmen, Planning Board, and School Committee.

Article 45 - Deletes the Section 4.2.1 Build Factor
To see if the Town will vote to amend the Zoning By-laws:

1. By deleting Section 4.2.1 Build Factor:
4.2.1 Build Factor. In all Residential Districts, no building except a one-story building of accessory use, shall be constructed on a lot which has a Build Factor of more than 23.00. The purpose of the Build Factor is to limits the degree to which a lot may have an irregular or odd shape. The Build Factor is a ratio of lot perimeter to lot area and is calculated according to the following formula:

Lot Perimeter (Squared)  = Build Factor
Actual Lot Area

And

2. By renumbering Sections 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6 and 4.2.7 appropriately.

Or to take any other action related thereto.


Commentary: Deletes the Section 4.2.1 Build Factor as Article 35 from 2016 ATM will address the issues in its place. 

Article 46 - Expands Groundwater Protection Overlay District
To see if the Town will vote to amend the “Zoning Map for the Town of Canton, Massachusetts, March 8, 1937” as amended to expand the Groundwater Protection Overlay District to include those parcels identified by the Commonwealth of Massachusetts as Zone II Public Water Supply Well Head Areas. Said parcels are described on a map on file in the office of the Town Clerk;
or to take any other action related thereto.


Commentary: This expands the Groundwater Protection Overlay District to cover a gap on our zoning map between the coverage of our Groundwater Protection Overlay District and Zone II wellhead areas in Town. According to Massachusetts Drinking Water Regulations, 310 CMR 22.00 public water systems are required to protect Zone II recharge areas with municipal controls (bylaws, ordinances, or health regulations).

Article 47 - Funding an update to the 2004 Canton Master Plan
To see if the town will appropriate the sum of $150,000.00, by transfer from ‘free cash’ (so-called) for the purpose of enabling the planning board to engage a consultant, or consultants, to update the comprehensive master plan and to review previously completed planning studies. Said processes to be conducted under the general supervision of the Planning Board, with the advice and assistance of a master plan steering committee to consist of nine members, five of whom to be appointed by the planning board and four of whom to be appointed by the board of selectmen, drawing from members of appointed and elected boards/commissions and at least four citizens at large, and who shall serve for the duration of the process to review the work and provide guidance to the planning board, said planning board to conduct frequent public forums to permit the public to comment on the work of the consultant(s) before the work is concluded.

Commentary: Provide funding to update Canton Master Plan which was created in 2004. Canton has been successful and implementing many of the recommendations within the 2004 Master Plan. However, a lot of development has happened in the past 12 years. The 2004 Master Plan is missing some of the more recent best practices which many municipalities now include in their master plans.  The background data is dated and does not reflect the most recent decennial census and local data. The goals are now no longer tied into the Capital Improvement Plan. A thoughtful Master Plan can help ease uncertainty by ensuring Canton will remain both an environmentally sound and fiscally healthy community.

Article 48 - Rezone private golf courses in the Town of Canton from SRA to SRAA
To see if the Town will vote to amend the Zoning Map to rezone golf courses currently zoned as Single Residence A (SR-A) to Single Residence AA (SR-AA).  This would include the following parcels of land:  the Milton-Hoosic, Blue Hills, Wampatuck, and Brook Meadow Golf Courses. Said parcels of land are identified as Board of Assessors  Map 67 Lot 1, Map 48 Lot 1, Map 77 Lot 1, and Map 5 Lot 27; or to take any other action related thereto.  

Commentary: Rezone golf courses in the Town of Canton from SRA (30,000 s.f. and 100 feet of frontage) to SRAA (45,000 s.f. and 125 feet of frontage) which will reduce the number of potential lots if ever subdivided. This was recommended in the 2004 Canton Master Plan, Chapter 11 Implementation, Section 1 Zoning.

Article 50 - Amending Section 6.1 Off-Street Parking
To see if the Town will vote to amend Zoning By-law Section 6.1. Off-Street parking as follows: 
1.     by deleting the existing Section 6.1.2. Mixed Uses and replacing it with the following: 
Section 6.1.2. Mixed Uses. In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this Section. However, if the Board of Appeals finds that the need for the shared parking occurs at different times, the Board may allow a parking reduction. 
2.     by adding the following new subsection 6.1.7.4:
4.     Smaller stalls for compact cars are allowed and recommended, up to 30% of the off-street parking provided. Compact car spaces shall not be less than 8 feet by 16 feet. Compact-size parking spaces shall be grouped together to the greatest possible extent in areas clearly designated for compact cars. Parking lots shall have a system of signs that clearly indicates the location of compact car spaces. For parking areas with twenty or more spaces, together with any reduction in total parking area obtained as a result of using compact-sized spaces, an equal or greater area of open space shall be provided in addition to minimum landscaping requirements required by the lot coverage provisions of Section 6.1.11.
3.    by amending Section 6.1.9. Maintenance to read as follows:
Parking facilities and connecting drives shall be provided and maintained with a permanent, dust-free surface with individual spaces properly marked and maintained. Adequate drainage shall be provided. Permeable paving for parking stalls is allowed, as long as it meets other applicable maintenance requirements.  
4.     by amending section 6.1.11.1 Landscaping; Parking Areas with Twenty or More Spaces to read as follows:
1.     The landscaped area shall be at least five (5) percent of the total interior parking lot area and five (5) percent of the loading bay area. Landscape areas shall be an integral part of the parking lot or loading bay and shall contain an appropriate mix of shade trees and other plants, such as vegetated islands with bioretention areas. Planting along the exterior perimeter of a parking area, whether for required screening or general beautification, shall not be considered part of the five (5) percent interior landscape; 
or to take any other action related thereto. 

Commentary: Amending Section 6.1. Off-Street Parking as follows will contribute toward the zoning by-laws being consistent with best stormwater management practices (NepRWA, 2013) and Canton’s Stormwater Master Plan (2014).Table 2-1 in Canton’s 2014 Stormwater Master Plan recommends several ways to reduce impervious surface through parking reductions and allowing porous construction material.

Article 51 - Withdrawn (see Article 52)

Article 52 - Create a temporary moratorium on registered marijuana establishments until the state finalizes regulations
Commentary: Amended to create a temporary moratorium on registered marijuana establishments until the state finalizes regulations. At that time, the town through its Town Meeting and upon recommendation of the Planning Board will adopt zoning regulations consistent with state statute.

Article 53 - Changing the Table of Use to allow Trade Shops in Limited Industrial and Limited Industrial (B) Districts
To see if the Town will vote to amend the Zoning By-Laws Section 3.1.4, Table of Use Regulations, Section F Commercial and Office Uses by changing “N” to “Y” under the LI and LI(B) columns in the row for Trade Shop; or to take any other action related thereto. 

Commentary: Expands the Table of Use to allow Trade Shops in Limited Industrial and Limited Industrial (B) Districts. Trade Shops are currently allowed in the Business, Central Business, and Industrial Districts.

Trade Shop - Shop of a builder, carpenter, cabinet maker, caterer, electrician, painter, paperhanger, plumber, sign painter or upholsterer with not more than five thousand (5000) square feet of total floor area per establishment used for work and storage (exclusive of area used for office or sales purposes). 

Article 54 - Rezone Massachusetts Audubon and Trustees of the Reservation parcels as Parkland and Open Space (indefinitely postponed)
Commentary: Withdrawn to rezone Massachusetts Audubon and Trustees of the Reservation parcels as Parkland and Open Space, as land protections already exist for these parcels, and rezoning may limit future use options on these properties.

Article 55 - Rezone conservation land (e.g. Department of Conservation and Recreation, Trustees of the Reservation, and Town of Canton) in the Zone II public water supply wellhead area to Parkland and Open Space
To see if the Town will vote to amend the Zoning Map to rezone the parcels listed below of the Department of Conservation and Recreation, Trustees of Reservations, and Town of Canton within the Zone II public water supply well head area to the Parkland and Open Space zoning district [see parcel list available in Town Clerks office] or take any other action related thereto.

Commentary: Rezoning conservation land (e.g. Department of Conservation and Recreation, Trustees of the Reservation, and Town of Canton) in the Zone II public water supply wellhead area to protected open space will clarify our zoning map, and preserve potential future water supplies as recommended in the 2004 Canton Master Plan, Chapter 11 Implementation, Section 1 Zoning. These parcels have no conflicting uses, and are in either Zone II areas, groundwater protection zone, watershed, wetlands, or flood zones. However, these public lands are currently zoned either single-residence, industrial, or limited industrial districts, which is inconsistent with their current and future use.