[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. VI of the General Bylaws. Amendments noted where applicable.]
[Amended 1-30-2023 STM by Art. 1]
A.
The Select Board may acquire by gift, purchase or taking by eminent
domain any land, easement or right therein within the Town not already
appropriated to public use, for any municipal purpose, provided that
the acquisition has previously been authorized by a majority vote
of the Town and an appropriation of money, to be raised by loan or
otherwise, has been made for the purpose by a two-thirds vote of the
Town.
B.
If any board or officer of the Town having charge of any land, easement
or right therein, acquired otherwise than by purchase, notified the
Select Board that in its opinion such land, easement or right, or
part thereof, is no longer required for public purposes, and if, thereafter,
the Town, by a two-thirds vote, authorizes the conveyance of such
land or part thereof, or the abandonment of such easement or right,
or part thereof, and specifies the minimum amount to be paid for such
conveyance or abandonment, the Select Board may, for such amount or
a larger amount, and upon such other terms as they shall consider
proper, convey said land, or part thereof, by deed, or declare said
easement or right, or part thereof, to be abandoned. Such delegation
shall extinguish the easement or right, or part thereof, upon being
recorded with the Norfolk County Registry of Deeds.
C.
Whenever a board or officer having charge of land within the Town,
excluding any land acquired for park purposes; constituting the whole
or any part of an estate held by the Town within its limits for a
specific purpose, shall determine that such land is no longer needed
for such purpose, such board or officer shall forthwith give notice
of such determination to the Select Board. At any time after the receipt
of such notice, the Town by a two-thirds vote at an Annual or Special
Town Meeting, may transfer the care, custody, management and control
of such land to the same or another board or officer of the Town for
another specific municipal purpose; but no such transfer shall be
valid if it is in violation of any term or condition of the title
of the Town to such land.
[Amended 1-30-2023 STM by Art. 1]
Any board or officer in charge of a department of the Town may,
with the approval of the Select Board, sell any personal property
of the Town within the possession and control of the department, which
property has become obsolete or is not required for further use by
the department and which does not, in the opinion of the Select Board,
exceed $200 in value. If, in the opinion of the Select Board, such
property does exceed $200 in value, such officer or board shall make
the sale by public auction, of which notice shall be published in
a local newspaper at least seven days prior to such sale, unless such
property is to be delivered as part payment for new equipment or property.
A.
The Town shall appropriate money annually for the removal of snow
and ice from public ways and from such private ways open to public
use as may be designated by the Select Board and may appropriate money
for the removal of snow and ice from its sidewalks.
[Amended 1-30-2023 STM by Art. 1]
B.
Ways newly constructed under the Subdivision Control Law shall be
named by the Select Board, and lots and buildings abutting such ways
shall be assigned street numbers by the Planning Board, which numbers
shall be displayed by owners of such lots and buildings so as to be
legible to persons traveling upon the abutting way.
[Amended 1-30-2023 STM by Art. 1]
C.
No excavation shall be made by any person or department of the Town
within the limits of any public way in the absence of a permit issued
by the Select Board. Such permit shall state the time when the work
may be performed and shall require that all excavating, backfilling,
tamping and resurfacing be subject to the approval of the Superintendent
of Streets and that adequate barriers and lights be provided to protect
the public.
[Amended 1-30-2023 STM by Art. 1]
D.
No Town Meeting shall consider any article to accept any way as a
public way unless a petition for a layout shall have been filed with
the Select Board at least 60 days prior to said Town Meeting, but
nothing in this section shall be construed to prevent the Select Board
from initiating a layout. No public way shall be laid out, altered,
relocated or discontinued unless the proposed layout, alteration,
relocation or discontinuance has been referred to the Planning Board
and such board has reported thereon or has allowed 45 days to elapse
after such reference without submitting its report. Each petition
for a layout filed with the Select Board shall be accompanied by a
plan and profile of the street or way, bearing the seal of a registered
professional engineer or registered land surveyor and a narrative
description of the metes and bounds of the street or way.
[Amended 1-30-2023 STM by Art. 1]
E.
All persons engaged in the removal of snow shall, under no circumstances,
cause said snow to be deposited on or across any public way or sidewalk.
No person or persons shall engage in the removal of snow for profit
by means other than hand shoveling and/or private snow blowers without
first obtaining a permit from the Highway Superintendent, and each
person so engaged shall further be required to furnish said Superintendent
with a list of all customers catered to. Each person so engaged shall
further be required to make revisions to said list whenever any change
occurs.
F.
All rules and regulations set forth by the Highway Department with regards to the removal of snow shall be strictly adhered to and any violation shall be cause for revoking the permit, and violators shall be subject to any fines or penalties as outlined in Chapter 1, Article I, § 1-4, of these bylaws.
G.
All curb cuts for driveways shall be limited to those areas outside
the point of curvature (P.C.) or point of tangency (P.T.) of two intersecting
ways. No curb cuts for driveways shall be constructed without a permit
from the Highway Department, and upon approval, the construction shall
be accomplished at the expense of the owner.
