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Zoning regs: for the good of the town as a whole
By Paul A. Schneiders
Zoning Attorney
“It’s my land and I’ll do what I want with it!”
That’s a sentiment we don’t hear much in Canton anymore. Most of
us are aware that zoning by-laws greatly regulate what we can do
with our land.
Prior to the enactment of Canton’s first zoning by-laws in 1937,
landowners did, in fact, use their land pretty much as they saw
fit. For example, it was perfectly acceptable to have houses on
the same lot as a large industrial building. Indeed, prior to
the advent of the automobile, it made sense to locate dwellings
and factories near each other so workers could walk to work.
During the past 70 years Canton has adopted numerous zoning
by-laws and zoning maps to separate homes and industry as much
as possible, so that neither is disturbed by the other.
In
addition to dividing the town into residential and
non-residential zones, there are by-laws that regulate what can
be done even within the boundaries of each individual lot.
For
example, in a “full industrial zone” in Canton, a landowner can
maintain almost any type of activity except residential. In a
“limited industrial” zone his options are, well, more limited;
and in a “business” zone they’re limited even more. Within our
residential districts, zoning by-laws regulate the size of our
lot, the location of our house on the lot, the height of our
house and a host of other matters.
All
of this regulation is intended to bring harmony, order and
quality of life to our neighborhoods. So for the good of our
neighbors and the town as a whole, zoning by-laws and maps
greatly regulate what we can do with our own property.
But
these by-laws and zoning maps are ever changing as times change.
Not a year goes by that our annual town meeting does not enact
new by-laws and amend our zoning map.
For
example, a major portion of Canton’s non-residential land is
zoned “limited industrial.” The list of activities allowed in
this zone was first compiled in 1937. Times have changed. Not
only have the permitted wool and tobacco warehouses gone, but
most of the other permitted manufacturing, warehousing and
distribution activities also left. Where? Down South or to
China.
Canton has about 800,000 square feet of empty commercial space
today, mostly in our limited industrial districts. We have to
substantially rewrite our limited industrial by-law to attract
businesses that would like to locate here but are stymied by our
zoning. This is particularly true along Route 138.
New
zoning has been enacted numerous times in the past to
accommodate entities such as Reebok and the Irish Cultural
Center, whose operations were not permitted in our limited
industrial districts.
Recently, Canton has become the leader in adopting a new zoning
concept known as “Smart Growth.”
By
1937 — four decades after the arrival of the automobile — Canton
had decided that locating houses next to industry was no longer
necessary or desirable. As we have seen, the by-laws and map
adopted in 1937 attempted to separate businesses and residences
as much as possible. Now, ironically, we’ve decided that
precisely because of the advent of the automobile we should
start locating some businesses next to homes again.
Why? Traffic. There is too much traffic in Canton and everywhere
else. “Smart Growth” zoning locates homes next to businesses so
people will learn to walk again.
Further, Smart Growth locates homes near public transportation
so many of the cars clogging our roads can be left in the
garage.
On
his television show three weeks ago, Chet Curtis lauded Canton
for being a leader in Smart Growth. He interviewed local
builder John Marini in front of the Forge Pond complex John
built in the center of Canton a couple of blocks from the
railroad station.
Forge Pond is a mix of dwellings and businesses — a reversal of
what our zoning by laws sought to accomplish seven decades ago.
At
the Annual Town Meeting in April we will be asked to approve
another Smart Growth project. The 40-acre Plymouth Rubber site
is zoned for full industrial use, but Plymouth Rubber has taken
a fast boat to China.
The
company that bought the site believes it is ideal for a Smart
Growth complex: a mix of dwellings and small businesses located
near not one but two railroad stations.
Almost everyone seems to agree that this large site in a
predominantly residential neighborhood should no longer be used
for industry. They likewise agree that it is an excellent locale
for a Smart Growth complex. Discussions between the developer
and town boards have not centered on whether the zoning should
be mixed use, but rather on how many housing units should be
located on the site.
So
zoning by-laws and zoning maps are forever being amended. As
times change, so must the rules governing how we can use our
land.
It’s true that we no longer say, “It’s my land and I’ll do what
I want with it,” but we are fortunate in Canton to have an
“open” Town Meeting that allows every registered voter the
opportunity to vote on the by-laws and zoning map that control
the use of our land.
See
you at the town meeting in April.
Paul A. Schneiders, Esquire
SCHNEIDERS & SCHNEIDERS
779 Washington Street, Suite 2B
Canton, MA 02021
(781) 828-7373
(781) 828-5723 fax
(781) 828-5723 (Fax)
February 21, 2008
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