7.1.1.
Purpose. The intent of this section is to administer the conversion
of municipally owned property in a manner that will be in harmony
with the intent of these bylaws and that will ensure the integrity
of abutting neighborhoods.
7.1.2.
Applicability. No sale, lease or occupancy agreement to use
municipally owned property (except for land located within the Economic
Development Area Overlay District) shall be concluded prior to the
Select Board issuing a municipal conversion permit.
[Amended 1-30-2023 STM by Art. 1]
1.
The issuance of a municipal conversion permit shall not relieve the
applicant from complying with other requirements of these bylaws,
including site plan review.
7.1.3.
Procedures. Five copies of an application for a municipal conversion
permit shall be submitted to the Select Board. Applications shall
be accompanied by plans, exhibits and other information considered
necessary by the Select Board. All applications shall include, but
not be limited to, the following:
[Amended 1-30-2023 STM by Art. 1]
7.1.4.
Public hearing. Upon the receipt of an application, the Select
Board shall post a notice for a public hearing pursuant to Section
10.5.7, Subsection 2. Copies of the application shall be transmitted
to the Building Commissioner, Planning Board, Conservation Commission
and the Board of Health while one copy is retained by the Select Board.
The Select Board shall open a public hearing within 30 days from the
receipt of an application.
[Amended 12-5-2016 STM by Art. 5; 1-30-2023 STM by Art. 1]
7.1.5.
Permit required. No sale, lease or occupancy agreement shall
be concluded prior to the Select Board issuing a permit or until 30
days have elapsed from the close of the public hearing.
[Amended 12-5-2016 STM by Art. 5; 1-30-2023 STM by Art. 1]
7.1.6.
Conditions. The Select Board may set conditions or impose further
restrictions as they consider necessary on any permit to meet the
intent and requirements of these bylaws.
[Amended 1-30-2023 STM by Art. 1]
1.
The Select Board may prohibit any particular use, even though the
use may be permitted by the underlying zoning.
7.2.1.
Purpose. The purpose of this Section 7.2 is to:
1.
Minimize adverse impacts of wireless communications facilities, satellite
dishes and antennas on adjacent properties and residential neighborhoods;
and
2.
Minimize the overall number and height of such facilities to only
what is essential; and
3.
Promote shared use of existing facilities to reduce the need for
new facilities.
7.2.2.
General requirements.
1.
No wireless communications facility, which shall include monopoles,
satellite dish(es) over three feet in diameter, or antennas, shall
be erected or installed except in compliance with the provisions of
this Section 7.2. Unless otherwise noted herein, a special permit
is required from the Board of Appeals. Section 10.5 of these bylaws
shall not apply to an application for any such special permit. Any
proposed extension in the height or construction of a new or replacement
facility shall be subject to a finding by the Board of Appeals that
such extension or construction shall not be substantially more detrimental
than the existing structure or use to the neighborhood. The Building
Commissioner shall review petitions for the addition of cells, antennas
or panels to existing monopoles or towers and shall allow such without
a new hearing, provided the additions comply with the intent of this
Section 7.2.
2.
Only freestanding monopoles, with associated antennas and/or panels,
are allowed as specified in Section 7.2.4, below. Lattice-style towers
and similar facilities requiring three or more legs and/or guy wires
for support are not allowed.
3.
Wireless communications monopoles and associated facilities shall
only be located in nonresidential districts and shall be suitably
screened from abutters and residential neighborhoods.
4.
Panels, antennas and associated equipment may be approved as accessory
uses in residential districts. The intent of this provision is to
allow such facilities to be located in or on structures appropriately
screened and/or camouflaged pursuant to this Section 7.2.
5.
Antennas and directly related facilities used exclusively for communication
for the purpose of federally licensed amateur radio operators shall
be exempt from this Section 7.2.
6.
Structures shall be removed within one year of cessation of use.
If applicable, annual certification demonstrating continuing compliance
with the standards of the Federal Communications Commission, Federal
Aviation Administration and the American National Standards Institute
and required maintenance shall be filed with the Building Commissioner
by the special permit holder.
7.2.3.
Application process. All applications for wireless communications
facilities, antennas or satellite dishes shall be made and filed on
the applicable application form in compliance with the Board of Appeals
application instructions. For an application to be considered complete,
the appropriate application, review and advertising fees as noted
in the application guidelines and 10 copies of the following information
must be submitted:
1.
A locus plan at a scale of one inch equals 1,000 feet which shall
show all property lines, the exact location of the proposed structure(s),
streets, landscape features, residential dwellings and neighborhoods
and all buildings within 500 feet of the facility.
2.
A color photograph or rendition of the proposed monopole with its
antenna and/or panels. For satellite dishes or residential antennas,
a color photograph or rendition illustrating the dish at the proposed
location is required. A rendition shall also be prepared illustrating
a view of the monopole, dish or antenna from the nearest street or
streets.
3.
The following information prepared by one or more professional engineers:
a.
A description of the monopole and the technical, economic and
other reasons for the proposed location, height and design.
b.
Confirmation that the monopole complies with all applicable
federal and state standards.
c.
A description of the capacity of the monopole, including the
number and type of panels, antennas and/or transmitter receivers that
it can accommodate and the basis for these calculations.
4.
If applicable, a written statement that the proposed facility complies
with, or is exempt from applicable regulations administered by the
Federal Aviation Administration (FAA), Federal Communications Commission
(FCC), Massachusetts Aeronautics Division and the Massachusetts Department
of Public Health.
7.2.4.
Design standards. The following standards shall be used when
preparing plans for the siting and construction of all wireless communications
facilities:
1.
All monopoles shall be designed to be constructed at the minimum
height necessary to accommodate the anticipated and future use. The
setback of a monopole from the property line of the lot on which it
is located shall be at least equal to the height of the monopole.
2.
No monopole or attached accessory antenna on a monopole shall exceed
120 feet in height as measured from ground level at the base of the
pole. No monopole shall be constructed which requires guy wires. Monopoles
shall not be located on buildings.
3.
The height of antennas or dishes located on residential buildings
or in the yards of residential structures shall not exceed the tree
line on the lot. However, the height of antennas for federally licensed
amateur radio operators may be increased to accommodate radio communications.
4.
Antennas or dishes located on nonresidential buildings shall not
exceed 10 feet in height above the roofline of the structure.
5.
All wireless communications facilities shall be sited in such a manner
that the view of the facility from adjacent abutters, residential
neighbors and other areas of the Town shall be as limited as possible.
All monopoles and dishes shall be painted or otherwise colored so
they will blend in with the landscape or the structure on which they
are located. A different coloring scheme shall be used to blend the
structure with the landscape below and above the tree or building
line.
6.
Satellite dishes and/or antennas shall be situated on or attached
to a structure in such a manner that they are screened, preferably
not being visible from abutting streets. Freestanding dishes or antennas
shall be located on the landscape in such a manner so as to minimize
visibility from abutting streets and residences and to limit the need
to remove existing vegetation. All equipment shall be colored, molded
and/or installed to blend into the structure and/or the landscape.
7.
Wireless communications facilities shall be designed to accommodate
the maximum number of users technologically practical. The intent
of this requirement is to reduce the number of facilities which will
be required to be located within the community.
8.
All monopoles shall be located a minimum of 500 feet from the nearest
residential structure.
9.
Fencing shall be provided to control access to wireless communications
facilities and shall be compatible with the scenic character of the
Town and shall not be of razor wire.
10.
There shall be no signs, except for announcement signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw (Chapter 213, Signs, of the Foxborough General Bylaws).
11.
Night lighting of towers shall be prohibited unless required
by the Federal Aviation Administration. Lighting shall be limited
to that needed for emergencies and/or as required by the FAA.
12.
There shall be a minimum of one parking space for each facility,
to be used in connection with the maintenance of the site, and not
to be used for the permanent storage of vehicles or other equipment.
7.2.5.
Special permit review. Applications for special permits may
be approved or approved with conditions if the petitioner can fulfill
the requirements of this Section 7.2 to the satisfaction of the Board
of Appeals. Applications for special permits may be denied if the
petitioner cannot fulfill or address the requirements of these regulations
to the satisfaction of the Board.
1.
When considering an application for a wireless communications facility,
the Board of Appeals shall place great emphasis on the proximity of
the facility to residential dwellings and its impact on these residences.
New facilities shall only be considered after a finding that existing
(or previously approved) facilities cannot accommodate the proposed
use(s).
2.
When considering an application for an antenna or dish proposed to
be placed on a structure, the Board of Appeals shall place great emphasis
on the visual impact of the unit from the abutting neighborhoods and
street(s).
7.3.1.
Findings. Secondary effects of adult entertainment and uses
and have been found by the Planning Board to include increased crime,
adverse impacts on public health, adverse impacts on the business
climate of the Town, adverse impacts on property values of residential
and commercial properties and adverse impacts on the quality of life
in the Town. This was determined after a review of studies provided
to the Planning Board and after soliciting public commentary.
7.3.2.
Purpose and intent. It is the purpose and intent of this Section
7.3 to address and mitigate the secondary effects of adult uses as
defined and referenced herein. The provisions of this section have
neither the purpose nor intent of imposing a limitation or restriction
on the content of any communicative, sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this section to restrict
or deny access by adults to adult entertainment or uses protected
by the Constitutions of the United States of America and the Commonwealth
of Massachusetts, or to restrict or deny rights that distributors
or exhibitors of such matter or materials may have to see, rent, distribute,
or exhibit such matter or materials. Neither is it the purpose or
intent of this section to legalize the sale, rental, distribution,
or exhibition of obscene or other illegal matter or materials.
7.3.3.
Definitions. See the definition of "adult uses" in Section 11.0
of these bylaws.
7.3.4.
Special permit required. No adult use shall be allowed except
by a special permit granted by the Planning Board. The Board may grant
a special permit for an adult use, with such conditions as it deems
appropriate for the protection of public health, safety, and welfare
only if the use is found by the Board to comply with the standards
set forth below, and the requirements noted in Section 9.1.5 and Section
10.4 of these bylaws.
7.3.5.
Location. An adult use may not be located:
1.
Within 750 feet of a boundary line of a residential zoning district;
or
2.
Within 750 feet of a lot line of any lot containing a church, public
school, private kindergarten or school, licensed day-care facility,
park, playground, library, cultural facility (including stadiums),
museum, elderly housing, assisted living facility, nursing home, or
adult day-care facility; or
3.
Within 750 feet of a lot line of any lot containing an establishment
licensed under the provisions of MGL c. 138, § 12; or
4.
Within 500 feet of any other adult entertainment establishment or
use; or
5.
Within 750 feet of the Washington Street layout lines.
7.3.6.
Standards.
1.
The mercantile/retail restriction found in Section 9.1.3 shall not
apply to adult uses.
2.
Signs for an adult entertainment establishment or adult use must meet the dimensional requirements of Chapter 213, Signs, of the Foxborough General Bylaws. No sign, advertisement, display or other promotional material that contains sexually explicit graphics or sexually explicit text shall be visible to the public from any public or private way, sidewalk, highway or railway.
3.
If the adult use allows for the showing of films or videos within
the premises, the booths in which the films or videos are to be viewed
shall not be closed off by curtains, doors or screens. All booths
must be able to be clearly seen from the center of the establishment.
4.
No special permit for an adult use shall be issued to any person
convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28.
5.
Any special permit issued under this Section 7.3 shall require that
the owner of such adult use shall supply on a continuing basis to
the Building Inspector any change in the name of the record owner
or address or any change in the name of the current manager; and that
failure to comply with this provision shall result in the immediate
revocation of such special permit. If anyone so identified is or is
found to be convicted of violating MGL c. 119, § 63, or
MGL c. 272, § 28, such special permit shall immediately
be null and void.
6.
No special permit issued under this Section 7.3 shall become valid
or in full force and effect unless and until the owner of the property
containing such adult use shall provide to the Zoning Enforcement
Officer proof of the recording of said special permit with the Norfolk
County Registry of Deeds.
7.
Any adult use in existence prior to the adoption of this Section
7.3 shall apply for a special permit within 90 days following the
adoption of this section and shall be required to comply in all respects
with these requirements.
7.3.7.
Special permit application. A completed application must be
submitted pursuant to the Planning Board's special permit rules and
regulations (on file and available at the Town Clerk and Planning
Office). The completed application must also include:
1.
Name and address of the legal owner of the proposed establishment
or use;
2.
Name and address of all persons having a lawful, equity or security
interest in the adult establishment or use;
3.
A sworn statement stating that neither the applicant nor any person
having a lawful, equity or security interest in the adult establishment
or use has been convicted of violating the provisions of MGL c. 119, § 63,
or MGL c. 272, § 28;
4.
Name and address of the manager of the adult establishment or use;
5.
Proposed provisions for security within and without the adult establishment
or use;
6.
The number of employees; and
7.
The present and proposed physical layout of the interior of the adult
establishment or use.
[Added 12-5-2011 STM by
Art. 7]
7.4.1.
Purpose. The purpose of this bylaw is to promote the creation
of solar photovoltaic installations by providing standards for the
placement, design, construction, operation, monitoring, modification
and removal of such installations that address public safety, minimize
impacts on scenic, natural and historic resources and to provide adequate
financial assurance for the eventual decommissioning of such installations.
7.4.2.
Applicability. This section applies to large-scale and on-site
ground-mounted solar photovoltaic installations proposed to be constructed
after the effective date of this section. This section also pertains
to physical modifications that materially alter the type, configuration,
or size of these installations or related equipment. Roof-mounted
systems are regulated by the State Building Code.
7.4.3.
General requirements for solar photovoltaic installations.
1.
The construction and operation of all solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
2.
No solar photovoltaic installation shall be constructed, installed
or modified as provided in this section without first obtaining a
building permit.
3.
Site plan review. Solar photovoltaic
installations shall undergo site plan review by the Planning Board
prior to construction, installation or modification as provided in
this section. In addition to the plan and application requirements
in Section 10.5 of these bylaws, the following shall be submitted
for large-scale ground-mounted solar photovoltaic installations and,
as directed by the Board, for on-site ground-mounted solar photovoltaic
installations:
1.
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
2.
Documentation of the major system components to be used, including
the photovoltaic panels, mounting system, and inverter;
3.
Name, address, and contact information for proposed system installer;
4.
Documentation of actual or prospective access and control of
the project site (see also Section 7.4.3.4);
5.
An operation and maintenance plan (see also Section 7.4.3.5);
6.
Proof of liability insurance; and
7.
Description of financial surety that satisfies Section 7.4.10.
4.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed large-scale
ground-mounted solar photovoltaic installation.
5.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar photovoltaic installation, which shall include measures for
maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
6.
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until evidence has been given to
the Board that the utility company that operates the electrical grid
where the installation is to be located has been informed of the solar
photovoltaic installation owner's or operator's intent to install
an interconnected customer-owned generator. Off-grid systems shall
be exempt from this requirement.
7.4.4.
Dimension and density requirements.
1.
For large-scale ground-mounted solar photovoltaic installations,
front, side and rear setbacks shall comply with Table 4-2 and Section
4.1.3 of these bylaws.
2.
All appurtenant structures to solar photovoltaic installations shall
be subject to reasonable regulations concerning the bulk and height
of structures, lot area, setbacks, open space, parking and building
coverage requirements. All such appurtenant structures, including,
but not limited to, equipment shelters, storage facilities, transformers,
and substations, shall be architecturally compatible with each other.
Whenever reasonable, structures should be screened and/or joined or
clustered to avoid adverse visual impacts.
7.4.5.
Design standards.
1.
Lighting of solar photovoltaic installations shall be consistent
with local, state and federal law. Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to
that required for safety and operational purposes, and shall be reasonably
shielded from abutting properties. Where feasible, lighting of the
solar photovoltaic installation shall be directed downward and shall
incorporate full cut-off fixtures to reduce light pollution.
2.
A sign complying with the Sign Bylaw and visible from the nearest
public way shall be required to identify the owner and provide a 24-hour
emergency contact phone number. The Board may require additional identification
signs to be erected and maintained. A compliant sign may also be erected
as a means for students and the public to understand the operation
and principles of the solar photovoltaic installation. Solar photovoltaic
installations shall not be used for displaying other signs or any
advertising except for reasonable identification of the manufacturer
or operator of the solar photovoltaic installation.
3.
Reasonable efforts, as determined by the Board, shall be made to
place all utility connections from the solar photovoltaic installation
underground, depending on appropriate soil conditions, shape, and
topography of the site and any requirements of the utility provider.
Electrical transformers for utility interconnections may be above
ground if required by the utility provider.
4.
If required by the Town, the site or specific portions of the site
shall be secured with a fence or barrier to restrict access.
5.
Screening, buffers and landscaping shall be provided in compliance
with Section 6.4 of these bylaws.
6.
In order to minimize the impacts on the land, soil, and habitats,
clearing of natural vegetation shall be limited to what is necessary
for the construction, operation and maintenance of the large-scale
ground-mounted solar photovoltaic installation or otherwise prescribed
by applicable laws, regulations, and bylaws.
7.4.6.
Safety and environmental standards. The large-scale solar photovoltaic
installation owner or operator shall provide a copy of the project
summary, electrical schematic, and site plan to the Fire Chief. The
Board may require that the owner or operator shall develop an emergency
response plan. All means of shutting down the solar photovoltaic installation
shall be clearly marked. The owner or operator shall identify a responsible
person for public inquiries throughout the life of the installation.
The Board may require that owners or operators of on-site solar photovoltaic
installations comply with this section.
7.4.7.
Monitoring and maintenance. The large-scale ground-mounted solar
photovoltaic installation owner or operator shall maintain the facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level acceptable to the local
Fire Chief and Emergency Medical Services. The owner or operator shall
be responsible for the cost of maintaining the solar photovoltaic
installation and any access road(s), unless accepted as a public way.
7.4.8.
Abandonment or decommissioning. Any ground-mounted solar photovoltaic
installation which has reached the end of its useful life or has been
abandoned consistent with this section shall be removed. The owner
or operator shall physically remove the installation no more than
150 days after the date of discontinued operations. The owner or operator
shall notify the Board and Building Commissioner by certified mail
of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
1.
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
2.
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
3.
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Board may allow the owner or operator to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
7.4.9.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Board. If
the owner or operator of the large-scale ground-mounted solar photovoltaic
installation fails to remove the installation in accordance with the
requirements of this section within 150 days of abandonment or the
proposed date of decommissioning, the Town may enter the property
and physically remove the installation.
7.4.10.
Financial surety. The owners or operators of large-scale ground-mounted
solar photovoltaic projects shall provide a form of surety, either
through escrow account, bond or otherwise, to cover the cost of removal
in the event the Town must remove the installation and remediate the
landscape, in an amount and form determined to be reasonable by the
Planning Board, but in no event to exceed more than 125% of the cost
of removal and compliance with the additional requirements set forth
herein, as determined by the project proponent. The Board may require
owners or operators of on-site ground-mounted solar photovoltaic projects
to provide such surety. This surety will not be required for municipally
or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal, prepared
by a qualified engineer. The amount shall include a mechanism for
calculating increased removal costs due to inflation.
[Added 5-12-2014 ATM by
Art. 30; amended 12-4-2017 STM by Art. 13]
7.5.1.
Purpose.
The purpose of this Section 7.5 is to:
1.
Provide
for the establishment of registered medical marijuana dispensaries
in appropriate places and under strict conditions in accordance with
the passage of Initiative Petition 11-11 (Question #3 on the November
2012 state ballot).
2.
Minimize
the adverse impacts of registered medical marijuana dispensaries on
adjacent properties, residential neighborhoods, schools and other
places where children congregate, local historic districts, and other
land uses potentially incompatible with said dispensaries.
3.
Regulate
the siting, design, placement, security, safety, monitoring, modification,
and removal of registered medical marijuana dispensaries.
7.5.2.
Applicability.
1.
The
commercial cultivation, production, processing, assembly, packaging,
retail or wholesale sale, trade, distribution or dispensing of marijuana
for medical use is prohibited unless permitted as a registered medical
marijuana dispensary under this section.
2.
No
registered medical marijuana dispensary shall be established except
in compliance with the provisions of this section.
3.
Nothing
in this bylaw shall be construed to supersede federal and state laws
governing the sale and distribution of narcotic drugs.
7.5.3.
General
requirements for all registered medical marijuana dispensaries.
1.
"Marijuana"
or "marihuana," "marijuana-infused product (MIP)," "registered marijuana
treatment dispensary" (including definition of "registered medical
marijuana dispensary"), "registration card," and "production area"
are defined in 105 CMR 725.000.
2.
All
registered medical marijuana dispensaries shall be contained within
a building or structure.
3.
No
registered medical marijuana dispensary shall have a gross floor area
of less than 2,500 square feet or in excess of 20,000 square feet.
4.
The
hours of operation of registered medical marijuana dispensaries shall
be set by the Planning Board, but in no event shall said facilities
be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.
5.
No
smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a medical marijuana dispensary.
6.
No
registered medical marijuana dispensary shall be located inside a
building containing residential units, including transient housing
such as motels and dormitories, or inside a movable or mobile structure
such as a van or truck.
7.
Signage
shall comply with the Town of Foxborough Sign Bylaw[1] and 105 CMR 725.000. Signs shall only contain the name
of the dispensary, the address, hours, contact information for the
permit holder, and the following language: "Registration card issued
by the MA Department of Public Health required." All text shall be
a minimum of two inches in height. Signage shall not include the marijuana
leaf icon or other imagery that would detract from the professional
and medical nature of the dispensary.
8.
Registered
medical marijuana dispensaries shall provide the Police Department
and Building Commissioner with the names, phone numbers and e-mail
addresses of all management staff and key holders to whom one can
provide notice if there are operating problems associated with the
establishment.
7.5.4.
Special
permit requirements.
1.
A registered
medical marijuana dispensary shall only be allowed by special permit
from the Planning Board.
2.
A special
permit for a registered medical marijuana dispensary shall be limited
to one or more of the following uses that shall be prescribed by the
special permit granting authority:
3.
Site
plan review by the Planning Board is required.
4.
In
addition to the application requirements set forth in these bylaws,
a special permit application for a registered medical marijuana dispensary
shall include the following:
a.
The
name and address of each owner of the dispensary;
b.
Copies
of all required licenses and permits issued to the applicant by the
Commonwealth of Massachusetts and any of its agencies for the dispensary;
c.
Evidence
of the applicant's right to use the site for the dispensary, such
as a deed or lease;
d.
If
the applicant is a business organization, a statement under oath disclosing
all of its owners, shareholders, partners, members, managers, directors,
officers, or other similarly situated individuals and entities and
their addresses. If any of the above are entities rather than persons,
the applicant must disclose the identity of the owners of such entities
until the disclosure contains the names of individuals;
e.
A
written report from the Foxborough Police Department detailing minimum
security measures for the dispensary;
f.
Proposed
security measures for the medical marijuana dispensary meeting or
exceeding the requirements of the Police Department, including lighting,
fencing, police details, guards, gates and alarms, etc., to ensure
the safety of persons and to protect the premises from theft.
7.5.5.
Findings.
The Planning Board shall not issue a special permit for a registered
medical marijuana dispensary unless it finds that the dispensary meets
the criteria listed in Section 10.4.2 and that:
1.
The
dispensary is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest.
2.
The
dispensary is not within 1,000 feet of any school serving persons
under 21 years of age, a church or other religious facility, or a
public park located within Foxborough or any abutting community.
3.
The
dispensary demonstrates that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will be in compliance with all applicable state laws and regulations.
7.5.6.
Conditions
of approval.
1.
A special
permit granted under this section shall have a term limited to the
duration of the applicant's ownership of the premises as a registered
medical marijuana dispensary.
2.
The
Board shall require the applicant to post a bond at the time of construction
to cover costs for the removal of the registered medical marijuana
dispensary in the event the Town must remove the dispensary. The value
of the bond shall be based upon the ability to completely remove all
the items noted in 7.5.3 and 7.5.4 and properly clean the dispensary
at prevailing wages.
3.
Each
registered medical marijuana dispensary permitted under this bylaw
shall, as a condition of its special permit, file an annual report
to the Planning Board, Board of Health, and the Town Clerk no later
than January 31, providing a copy of all current applicable state
licenses for the dispensary and/or its owners and demonstrate continued
compliance with the conditions of the special permit. The Planning
Board may require such report to be made at a meeting.
4.
Registered
medical marijuana dispensaries shall provide the Police Department
and Building Commissioner the contact information required in 7.5.3.8
each year, no later than January 31.
5.
Registered
medical marijuana dispensaries shall meet with Police Department annually
to review security provisions and submit any revisions to the Police
Department and Building Commissioner no later than January 31.
6.
The
Planning Board may impose other conditions as they deem necessary.
7.5.7.
Abandonment
or discontinuance of use.
1.
A special
permit shall lapse if not exercised within one year of issuance.
7.5.8.
Commercial/recreational
marijuana establishments forbidden. The operation of any commercial
or recreational marijuana establishment, as defined in MGL c. 94G, § 1,
including, without limitation, a marijuana cultivator, marijuana testing
facility, marijuana product manufacturer, marijuana retailer or any
other type of licensed marijuana-related business, within the Town
is prohibited. This prohibition shall not apply to the sale, distribution
or cultivation of marijuana for medical purposes licensed under Chapter
369 of the Acts of 2012.
[Added 12-4-2017 STM
by Art. 10]
[Added 11-15-2021 STM by Art. 1]
7.6.1.
Purpose.
The purpose of this Section 7.6 is to promote the use of outdoor premises
by restaurants for dining purposes in a manner that provides an additional
resource for such establishments and additional dining options for
their patrons, fosters the vibrancy of commercial activity in the
Town, and is in harmony with the intent of these bylaws.
7.6.2.
Applicability.
A restaurant that holds a common victualler license issued by the
Select Board is authorized in accordance with this Section 7.6 and
in compliance with its requirements to provide outdoor seating for
its patrons on that portion of the privately owned sidewalk or parking
lot that is adjacent to its premises.
[Amended 1-30-2023 STM by Art. 1]
7.6.3.
General
requirements.
1.
A restaurant
that desires to provide seating for outdoor dining purposes shall
submit a site plan to the Planning Board that complies with the requirements
of Section 7.6.4. Outdoor dining shall not be permitted until such
time as the Planning Board has approved the submitted site plan, and
such restaurant has obtained such other approvals and authorizations
that may be required from the Board of Health, the Building Commissioner,
Select Board, or otherwise. In the event that the area that a restaurant
desires to use for outdoor dining purposes is owned by a third party,
that person's written authorization to utilize such area must be submitted
to the Planning Board together with the restaurant's site plan.
[Amended 1-30-2023 STM by Art. 1]
2.
Changes
or modifications to an approved site plan shall require the filing
and approval of an amended plan that complies with the requirements
of Section 7.6.4.
3.
An
approved site plan may be revoked by the Planning Board if it is determined,
after notice and a hearing, that the use of the authorized outdoor
premises interferes with public travel and convenience, or is otherwise
not in the interests of public health, safety or welfare.
7.6.4.
Site
plan requirements. The site plan that is required from a restaurant
seeking to use outdoor premises for dining purposes shall include
an outdoor seating plan that complies with the Massachusetts Mandatory
Safety Standards and Town of Foxborough Fire Department standards
and requirements, and includes each of the following as applicable:
1.
The
specific location of the outdoor dining area in relation to the restaurant,
abutting buildings and properties, and adjacent streets.
2.
Adjacent
parking areas.
3.
Points
of access and egress to the outdoor dining area.
4.
Handicap
access to and from the outdoor dining area.
5.
Table
locations, seats and benches.
6.
The
location of server and other stations.
7.
Traffic
flow for waitstaff and for patron access to restrooms and the indoor
restaurant area.
8.
Tents
and other coverings.
9.
Umbrellas.
10.
Outdoor
heaters.
11.
Railings,
stanchions and barriers.
12.
Planters,
plantings and landscaped areas.
13.
Such
other information as the Planning Board may require to determine compliance
with the provisions of this Section 7.6.
7.6.5.
Parking
exemptions. Notwithstanding the off-street parking requirements for
restaurants that are set forth in these bylaws, exemptions from such
requirements may be permitted to accommodate outdoor dining as follows:
1.
A site
plan that is approved by the Planning Board in accordance with this
Section 7.6 may authorize a reduction by not more than 25% of the
off-street parking spaces that otherwise are required by these bylaws.
2.
The
area that is used by a restaurant for outdoor dining shall not be
used to determine the number of off-street parking spaces that is
otherwise required for such restaurant under these bylaws.
7.6.6.
Dimensional
regulation exemptions. A site plan that is approved by the Planning
Board in accordance with this Section 7.6 shall waive any front yard,
side yard and rear yard dimensional requirements applicable to the
restaurant that otherwise are required by these bylaws. A tent or
other covering that covers the outdoor dining area may be placed in
any such setback.
7.6.7.
Use
of Town sidewalks and parking lots. A restaurant may utilize adjacent
Town sidewalks and parking lots for outdoor dining purposes subject
to such rules, regulations, licenses and requirements as may be imposed
by the Select Board.
[Amended 1-30-2023 STM by Art. 1]
