6.1.1.
Applicability. If any structure is constructed, enlarged or
extended, or any existing use changed, off-street parking spaces shall
be provided in accordance with Tables 6-1 and 6-2.
6.1.2.
Relation to use. Off-street parking spaces required under Table
6-1 shall be located as follows:
1.
All required off-street parking spaces for residential or multifamily
dwelling uses shall be located on the same lot as the use.
2.
All required off-street parking spaces for all uses other than residential
or multifamily dwelling uses shall be located on the same lot as the
use or within 500 feet thereof. Contracts or easements for parking
on other private property shall be presented to the appropriate board
to ensure that parking spaces located within 500 feet of the lot will
continue to be available. On-street parking spaces and parking spaces
within a municipal parking lot located within 500 feet of the lot
may be counted toward the off-street parking spaces required under
Table 6-1.
[Amended 12-5-2016 STM by Art. 2]
3.
New developments requiring site plan review must provide the required
accessible parking on site, unless spaces are available or made available
within 200 feet of the new development.
4.
Required off-street parking spaces for two or more uses (other than
residential or multifamily uses) that are under common or affiliated
ownership may be provided in a shared parking facility pursuant to
a special permit granted by the Planning Board. Any such shared parking
facility may be accessed by a shared driveway, and may be provided
in a shared multilevel parking structure that complies with the dimensional
and other zoning requirements that are set forth in these bylaws.
The following requirements shall apply to a request for approval of
any such shared parking facility:
[Added 5-14-2018 ATM
by Art. 10]
a.
Documentary evidence shall be submitted to the Planning Board
to demonstrate that the shared parking facility provides a sufficient
number of parking spaces for each use involved.
b.
The shared parking shall be counted in determining whether a
use complies with the parking requirements that are set forth for
such use in Table 6-1.
c.
An approved shared parking facility shall remain shared until
such time, if any, as (i) the Building Commissioner determines that
each of the uses involved must independently comply with the parking
requirements that are set forth for that use in Table 6-1 and any
other applicable requirements of these bylaws, or (ii) the Planning
Board modifies, suspends or revokes the special permit authorizing
the shared parking facility.
d.
Not more than 50% of the parking spaces required by these bylaws
for a use may be used together with another use to satisfy the minimum
off-street parking requirements that are set forth in Table 6-1 for
uses that are not normally open, used or in operation during similar
hours.
e.
The terms and conditions of a special permit authorizing a shared
parking facility shall run with the land and shall be binding upon
the successors, assigns and transferees of each person whose use is
sharing such facility.
The Planning Board in granting a special permit for any such
shared parking facility may waive strict compliance with the setback,
landscape, buffer and other applicable requirements set forth in these
bylaws where it determines that such action is in the public interest
and is not inconsistent with the purpose of these bylaws.
5.
Two or more uses (other than residential or multifamily uses) that
are not under common or affiliated ownership may by lease or other
contract and pursuant to a special permit granted by the Planning
Board enter into a shared parking arrangement, provided that each
such use either complies with the parking requirements that are set
forth for such use in Table 6-1 or is granted a special permit by
the Planning Board for reserved parking in accordance with Section
6.1.7. The following requirements shall apply to a request for approval
of any such shared parking arrangement:
[Added 5-14-2018 ATM
by Art. 10]
a.
Documentary evidence, including any such applicable lease or
other contract, shall be submitted to the Planning Board to demonstrate
that the shared parking arrangement provides a sufficient number of
parking spaces for each use involved, and that the shared parking
arrangement either complies with the parking requirements that are
set forth for such use in Table 6-1 or complies with the requirements
for reserved parking in accordance with Section 6.1.7.
b.
Any lease or other contract providing for a shared parking arrangement
may be binding in accordance with its terms and conditions upon the
successor and assign of any party thereto.
c.
An approved shared parking arrangement shall remain shared until
such time, if any, as (i) such arrangement is terminated in accordance
with the terms and conditions of the applicable lease or other contract,
(ii) such arrangement is terminated by any or all of the parties thereto
in accordance with the terms and conditions of the applicable lease
or other contract (in which event documentary evidence of such termination
is submitted to the Planning Board), or (iii) the Planning Board modifies,
suspends or revokes the special permit authorizing the shared parking
arrangement, including a modification, suspension or revocation based
on a determination by the Planning Board in accordance with Section
6.1.7.7.
6.1.3.
Temporary parking lots. In those situations where temporary
parking lots are allowed by special permit, the special permit granting
authority (SPGA) may place limitations on the time, frequency and
type of vehicles using such to diminish the impact on abutting residential
uses. Except as specifically provided in Section 6.1.3.3., a special
permit shall not be valid for a period that is greater than one year
from the date on which it has been granted.
[Amended 5-14-2018 ATM
by Art. 10]
1.
The SPGA may also require specific design and construction standards
be maintained, screening and buffers and yard setbacks of up to 100
feet from residential uses.
2.
The SPGA may continue to accept applications and issue special permits
for temporary parking lots if they are no longer permitted in a zoning
district, provided the original special permit was issued prior to
November 8, 2004 and the special permit has not lapsed more than one
year.
3.
A special permit granted by the Planning Board to allow temporary
parking in the S-1 District with respect to events at Gillette Stadium
shall be valid for a period of three years from the date on which
issued, after which period such special permit shall be of no further
force or effect unless renewed by the Planning Board by the grant
of a new special permit that shall be valid for a period of three
years. The Planning Board shall have the authority upon notice and
following a hearing to modify, suspend or revoke any special permit
that it has granted in the event of any of the following:
a.
Any change to the number of spaces, parking layout, or access
to and egress from a parking lot authorized by a special permit.
b.
A determination by the Building Commissioner or any public safety
official of the Town of Foxborough that the operation of a temporary
parking lot is hazardous to the safety of the public, or is in violation
of these bylaws, any provision of applicable law or any of the conditions
to a special permit that have been imposed by the Planning Board.
6.1.4.
Minimum off-street parking requirements. Parking shall comply
with Table 6-1:
[Amended 5-13-2019 ATM
by Art. 20]
|
Table 6-1
Minimum Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
One Space Per
| |
|
Storage and shipping
|
1,500 gross square feet
| |
|
Manufacturing and processing
|
750 gross square feet
| |
|
Retail establishments and shopping centers 15,000 square feet
and over
|
250 gross square feet
| |
|
Retail establishments and shopping centers under 15,000 square
feet
|
175 gross square feet
| |
|
Office space (medical/outpatient)
|
150 gross square feet
| |
|
Office space (non-medical)
|
250 gross square feet
| |
|
Office space, as accessory use
|
300 gross square feet
| |
|
Areas with fixed seating: theaters, stadium
|
3 seats
| |
|
Municipal recreation facility
|
6 linear feet bench seating or per 4 seats
| |
|
Museums, libraries
|
550 net square feet
| |
|
Restaurants, nightclubs, bars, recreation halls
|
100 net square feet
| |
|
Outdoor recreational use
|
500 net square feet
| |
|
Schools
|
4 per classroom
| |
|
Hospitals, nursing homes
|
10 beds
| |
|
Residential: single- and two-family
|
Dwelling unit
| |
|
Multifamily dwellings
|
2 per unit, plus 1 visitor space for every 4 units
| |
|
Tourist homes, hotels, etc.
|
Sleeping unit
| |
|
Child-care centers and day-care facilities
|
1 space for each full- or part-time employee and 1 space for
each 4 children
| |
|
Wellness and recreation center
|
175 gross square feet
| |
|
Arcades
|
100 net square feet
| |
6.1.5.
Notes to Table 6-1.
1.
Mixed uses shall be a sum of the combination of uses.
2.
When a restaurant has provisions for "take-out," the Board of Appeals
or Planning Board, as applicable, shall have the authority to require
more than the minimum parking spaces stated herein.
3.
The net area shall include the total square footage of area dedicated
to the use, not including parking or access areas.
6.1.6.
Reduction. The off-street parking requirements set forth in
Table 6-1 may be reduced by up to 25% by the issuance of a special
permit from the Planning Board as per the requirements of these bylaws.
Such a request may be made in conjunction with an application for
site plan review or part of a requested special permit for a specified
land use. The Planning Board shall review and consider the following
criteria when reviewing a request:
1.
A stamped site plan (to scale) must be submitted that illustrates
the physical ability to locate and construct all of the required off-street
parking and associated infrastructure on the site. The preferred parking
layout, with the requested number of spaces, shall be clearly delineated.
2.
A written narrative shall be submitted detailing the reasons or circumstances
as to why the required numbers of spaces are not necessary for the
proposed land use.
3.
Other relevant issues that should be considered when reviewing the
reduction request should be detailed or noted on the plans. These
may include, but are not limited to, environmental impacts, proximity
to residential uses, impacts to historic or other resource areas and
lighting.
4.
Any other relevant information as required by the Planning Board.
6.1.7.
Reserved
parking. The off-street parking requirements set forth in Table 6-1
may be satisfied by the issuance of a special permit from the Planning
Board that authorizes the applicant to designate an area as undeveloped
open space that is reserved for future parking needs. A request for
reserved parking may be made in conjunction with an application for
site plan review or as part of a required special permit application
for a specified land use. The following requirements shall apply to
a request for reserved parking:
[Added 5-14-2018 ATM by Art. 10[1]]
1.
The number of parking spaces that is required by these bylaws may
be reduced by not more than 50%.
2.
The applicant shall submit documentary evidence that for a period
of not less than one year its use justifies a lesser number of parking
spaces than the number of spaces that is required by these bylaws.
3.
An area shall be reserved for future parking that is sufficient to
accommodate the difference between the number of parking spaces that
are required by these bylaws and the lesser number of such spaces
that are requested.
4.
The area that is reserved for future parking shall be marked "Reserved
Parking Area" on the site plan that is submitted to and approved by
the Planning Board.
5.
The reserved parking area may consist of natural vegetation, a newly
landscaped area, or a combination of both, as may be required by the
Planning Board. No mechanical equipment, building or other structure
may be maintained in such area.
6.
The area that comprises the reserved parking area shall not be counted
toward determining compliance with any minimum open space requirements
that may be required by these bylaws.
7.
The reserved parking area shall remain as undeveloped open space
until such time, if any, that the Planning Board by modification of
the special permit approves the applicant's request to use such area
or any part of such area for parking purposes, or approves a request
of the Building Commissioner that additional parking spaces be provided.
[1]
Editor's Note: This article also provided for the renumbering
of former Sections 6.1.7 through 6.1.10 as Sections 6.1.8 through
6.1.11, respectively.
6.1.8.
Standards for parking areas with more than five spaces. All
parking areas containing over five spaces shall be subject to the
following:
1.
Automobile parking stall spaces shall be suitably marked and shall
conform to the requirements found in Table 6-1.
2.
All parking areas shall be screened on each side which abuts or is
across from the side or rear lot line of a lot situated in any residential
district pursuant to Section 6.4, Screening, buffers and landscaping.
3.
All parking areas and access driveways thereto shall be surfaced
with bituminous concrete or cement concrete material and shall be
graded and drained so as to dispose of all surface water accumulation.
4.
Bituminous concrete curb or berm shall be placed at the edge of surfaced
area, except driveways.
5.
Bumper strips, a minimum of six feet in width and suitably landscaped
with trees or shrubs a minimum of six feet in height (measured from
the "top of the ball"), shall be provided between every six rows of
parking spaces. Additional bumper strips may be required by the appropriate
board in the interest of public safety, cross traffic or improved
pedestrian access.
6.
Buffer strips between a parking lot and sidewalk shall be at least
five feet in depth and suitably landscaped.
7.
Adequate illumination of driveways and lanes shall be provided.
8.
Any fixture used to illuminate a parking area shall be so arranged
as to direct the light away from the street and away from abutting
or nearby premises used for residential purposes.
6.1.9.
Location.
1.
All parking lots for multifamily dwellings shall be located not less
than 20 feet from the structure. Private driveways and garages for
individual units within a multifamily dwelling may be counted as required
parking spaces and may be located within 20 feet of the structure.
2.
All nonresidential parking spaces shall be at least 10 feet from
any building.
3.
Parking spaces shall be so arranged as not to permit backing of vehicles
onto any street.
4.
All driveways and access lanes shall not be located closer than 40%
of the total frontage measurement of said lot (using a measurement
from the center of the curb radius) from the closest intersection
with any street. In any case, this distance shall not be less than
15 feet and the driveway shall be designed in a manner conducive to
safe access and egress.
5.
No two driveways or access lanes, either on the same lot or adjoining
lots, shall be located within 20% of the total frontage measurement
of the lot from each other at their intersections (center of curb
radii) with the front lot line; provided that this distance shall
not be less than 10 feet.
6.
Residential driveways shall not exceed 24 feet in width at the intersection
with the front lot line. Curb cuts shall not exceed 26 feet in width.
7.
Nonresidential driveways or access lanes shall be a minimum of 26
feet in width at the intersection with the front lot line. The maximum
curb cut shall not exceed 40 feet in width unless otherwise required
by nonlocal regulations.
6.1.10.
Restrictions.
1.
There shall not be any vehicle repair activities within the required
parking areas.
2.
There shall not be any storage of materials or equipment or display
of merchandise within required parking areas.
3.
Parking spaces or internal driveways shall not be allowed within
the required areas for screening, buffers or landscaping.
6.1.11.
Parking lot dimensions. Parking lots with more than five spaces
shall conform with the following Table 6-2.
|
Table 6-2
Parking Lot Dimensional Requirements
| ||||
|---|---|---|---|---|
|
Angle of Parking
|
Stall Width
|
Stall Depth
|
Access Lane Width
| |
|
0°
|
9'-0"
|
12'-0"
|
12'-0"
| |
|
30°
|
9'-0"
|
16'-6"
|
11'-0"
| |
|
45°
|
9'-0"
|
19'-0"
|
13'-0"
| |
|
60°
|
9'-0"
|
20'-6"
|
18'-0"
| |
|
90°
|
9'-0"
|
18'-0"
|
24'-0"
| |
6.2.1.
Applicability. Each business or industrial use shall provide,
at the side or rear of the lot, access and space for the loading and
unloading of delivery vehicles.
6.2.3.
Reduction. For those uses where it can be proven that tractor
trailers will not be providing service, the appropriate board may
reduce the depth of the loading area.
(Reserved)[1]
6.4.1.
Purpose. Screening, buffers and landscaping shall be required
as provided for herein for the following purposes:
6.4.2.
Applicability. Screening, buffers and landscaping shall be required
for all nonresidential land uses, all multifamily structures and within
open space residential developments (OSRD). These requirements shall
apply to new construction or any expansion or addition to any of these
uses.
6.4.3.
Location. Screening, buffers and landscaping shall be located
within the required yards of nonresidential and multifamily land uses.
These yard setbacks are detailed in Tables 4-1 and 4-2 of these bylaws.
6.4.4.
Waiver or modification. Screening and buffering requirements
may be waived or modified by the appropriate board if a naturally
dense vegetative area, suitable topography or a combination of the
two exists at the time of development (and is to be maintained) within
the area where screening and buffering are required. Should such naturally
dense vegetative area die or be significantly reduced, it shall be
replaced or enhanced by a landscaped buffer in accordance with the
requirements noted herein.
6.4.5.
Use requirements; abutting residential. When a nonresidential
land use or multifamily dwelling abuts a residential zoning district
or is to be located on a public or private way across from a residentially
zoned district, screening, buffers and landscaping shall be required
as follows:
1.
Within the required side or rear yards, a screening and buffer strip
shall be a minimum of 20 feet in width parallel to the property line
and shall contain a screen of plantings. This screen shall contain
individual shrubs or trees planted six feet on center in at least
two staggered rows and six feet in height (from the "top of the ball")
at the time of occupancy. At least 50% of the shrubs or trees shall
consist of evergreens.
2.
Within the required front yard, a landscape strip shall be a minimum
of 30 feet in depth parallel to the property line and shall contain
a mix of plantings. At a minimum, this area shall contain landscaping
in the form of plants, shrubs or trees. The construction of an earthen
berm suitably landscaped may also be allowed. The intent of this provision
is to provide an aesthetically pleasing buffer/landscaped area while
allowing nonresidential uses visibility from the street.
6.4.6.
Use requirements; abutting nonresidential. When a nonresidential
use or multifamily dwelling abuts another nonresidential use or multifamily
dwelling, screening, buffers and landscaping shall be required as
follows:
1.
Within the required side or rear yards, a screening and buffer strip
shall be a minimum of 10 feet in width parallel to the property line.
It shall contain shrubs or trees planted six feet on center not less
than six feet in height (from the "top of the ball") at the time of
occupancy. At least 50% of the shrubs or trees shall consist of evergreens
and shall thereafter be maintained by the owner or occupant to provide
a dense screen year round.
2.
Within the required front yard, a landscape strip shall be a minimum
of 15 feet in depth parallel to the property line and shall contain
a mix of plantings. This area shall contain landscaping in the form
of plants, shrubs or trees. The construction of an earthen berm suitably
landscaped may also be allowed. The intent of this provision is to
provide an aesthetically pleasing landscaped area while allowing nonresidential
uses visibility from the street.
3.
If merchandise, goods or other materials are to be displayed or stored
in a front yard, or if off-street parking is proposed for the front
of a structure, the landscaped strip shall be increased to 25 feet
in depth. No merchandise, goods or other materials are to be displayed
or stored or vehicles parked within the required landscaped strip.
6.4.7.
Exception. The provisions of Sections 6.4.5 and 6.4.6 shall
not apply to uses within the General Business (GB) District as there
is no required side-yard setback and only a fifteen-foot front yard
requirement within this district. Where possible, a five-foot landscaped
strip shall be located in the required front yard of uses within the
GB District.
6.4.8.
General provisions.
1.
The erection and maintenance of a solid wall or fence complemented
by suitable plantings or landscaping may be allowed in lieu of the
requirements for screening and buffering in side yards. The appropriate
board must make a determination that such replacement will require
minimal long-term maintenance and will fulfill the purpose of this
Section 6.0.
2.
No building, structure or parking area (paved or not paved) may occupy
the required area for screening, buffers or landscaping.
3.
Any part of a project area for a nonresidential or multifamily land
use(s) that will be disturbed during construction and that is not
employed for buildings, parking, loading, access ways or pedestrian
walks shall be permanently stabilized and landscaped. Grass, trees,
shrubs, evergreen ground cover, stone or wood material(s), or a combination
thereof may be employed as approved by the appropriate board.
4.
Exposed slopes with greater than a 2:1 grade shall be permanently
stabilized with vegetative ground cover. Exposed slopes 3:1 or less
may be treated with mulch or a similar landscaping product.
5.
There shall be a landscaped buffer strip comprising a minimum of
25 feet of the front yard and 10 feet of the side yard for all uses
in the Special Use (S-1) District. Insofar as there may be inconsistencies
with other sections, these restrictions shall apply in the S-1 District
in all cases.
[Amended 5-14-2018 ATM
by Art. 10]
6.
Existing vegetation or topography on the site which is required to
be preserved shall be clearly identified on a plan, physically marked
on the site and prevented from being removed or disturbed.
6.5.1.
Purpose. The following performance standards have been adopted
in order to control the size, scale, and impacts of nonresidential
or multifamily developments. The Planning Board shall ensure that
such standards are met during the course of any Planning Board special
permit application or site plan review.
6.5.2.
Preservation of landscape. The landscape shall be preserved
in its natural state insofar as practicable by minimizing any grade
changes and vegetation and soil removal.
6.5.3.
Off-street parking and loading. The plan shall comply with Section
6.1 of these bylaws. Unless otherwise allowed by the Planning Board,
construction materials and standards not specified within Section
6.1 shall be consistent with those found within the Foxborough Subdivision
Regulations. Provisions shall be made to accommodate areas for snow
storage.
6.5.4.
Circulation. Driveways and internal circulation shall be safe,
adequate and convenient for automotive as well as pedestrian and bicycle
traffic. Site distances, driveway widths, grade, location, drainage,
signage, islands, and other control structures, curb radii and intersection
angles shall all be provided for review. The Planning Board reserves
the right to require certain driveways to meet the road standards
found in the Foxborough Subdivision Regulations.
6.5.5.
Site access. The Planning Board shall evaluate the safety of
motorists, bicyclists, and pedestrians utilizing the site and the
roadways leading into the site. To ensure the public's safety, the
Planning Board may require sidewalks or pedestrian paths within and
between developments. The Planning Board may also require the connection
of adjacent properties via the use of common drives.
6.5.6.
Architectural requirements. Consideration shall be given to
ensure that buildings are appropriate in scale, massing, height, roofline,
and building materials to ensure that the architecture shall be in
harmony with the surrounding neighborhood and the Town. Rooftop mechanical
installation shall be hidden from view from the street or adjoining
properties.
6.5.7.
Screening, buffers and landscaping requirements. The plan shall
comply with Section 6.4 of these bylaws. Plants should be indigenous
to the area or be able to survive New England winters. Salt-tolerant
varieties shall be planted along roadways and parking areas.
6.5.8.
Lighting. Lighting shall be designed to enhance public safety
and provide for adequate and appropriate outdoor lighting. The design
shall not produce unwanted glare, light trespass on abutting properties
or an over illumination of the site.
6.5.9.
Service areas.
1.
Service areas and delivery locations shall be located so that delivery
vehicles are parked outside the street right-of-way or in on-site
driveways. The Board shall ensure that these areas do not impede on-site
vehicular circulation.
2.
The Board may require that specific areas adjacent to buildings or
areas of the businesses operations be specifically reserved for loading
or delivery operations. These areas can not be counted for parking
or utilized for access aisles.
3.
All service areas, dumpster and trash receptacle locations, and other
similar uses shall be screened from the street and from public view.
They may be screened through a variety of materials such as walls,
fences, plantings or a combination of these materials.
6.5.10.
Utility service. All utility service transmission systems, including
but not limited to water, sewer, natural gas, electrical, cable and
telephone lines, shall, whenever practicable, be placed underground.
6.5.11.
Drainage.
1.
All efforts shall be made to design the drainage system to utilize
low-impact development (LID) methods. Developments not incorporating
any LID design elements shall prove to the Board that the use of these
drainage systems is not feasible for the project due to unique site
characteristics or its location.
2.
Detailed drainage design and computations shall be provided in conformance
with the State of Massachusetts, Department of Environmental Protection
Stormwater Management Handbook. Closed drainage systems shall be designed
for a 25-year storm event. Culverts, detention basins, and infiltration
systems shall be designed for 100-year events.
3.
Post-development drainage rates shall not exceed pre-development
levels. Within the Water Resource Protection District, special attention
shall be made to ensure water quality is not degraded. Easements shall
be shown on the plan. If they are to be granted to the Town, a written
easement and a specific easement plan of such for recording purposes
is necessary.
6.5.12.
Off-site improvements. The Planning Board may require applicants
to make off-site improvements to public roads or other community facilities,
or to make payments for the reasonable costs associated with the impacts
of the proposed development. Such improvements may include but are
not limited to the widening of streets and improvement of intersections
providing access to the site; the installation of curb and sidewalks
along streets serving the site; and drainage improvements necessitated
by the development of the site.
6.5.14.
Construction standards.
1.
All construction specifications shall comply with the standards in
the Foxborough Subdivision Regulations. Where these regulations do
not cover construction items, construction shall be in accordance
with Massachusetts Highway Standards or standard engineering practices
as determined by the Board or its designee.
