9.1.1.
Purpose. The Special Use District is established to encourage
the innovative and creative design of office and industrial development
and:
1.
To promote economic development of the Route 1 corridor and to increase
real estate tax revenue;
2.
To maintain good planning and site review principles for new development
proposals [i.e., encourage commercial cluster development approaches,
reinforce front yard buffers, provide performance standards and more
definitive criteria for the special permit process, etc.];
[Amended 5-14-2018 ATM
by Art. 10]
3.
To attract better land uses (e.g., professional office/research and
development uses) along the Route 1 corridor, and to discourage strip
or "ribbon" type of commercial development;
4.
To assure environmental protection and preservation, and to preserve
the Town's rural character;
5.
To minimize the number of access points onto Route 1 and to lessen
traffic congestion;
6.
To minimize development demands placed on Town services and infrastructure;
and
7.
To implement proper procedures to assure that future development
surrounding Gillette Stadium (as it may from time to time be called)
will be completed in accordance with the above planning objectives.
9.1.2.
Dimensional requirements.
[Amended 5-14-2018 ATM
by Art. 10]
1.
The Planning Board may grant a special permit to allow lots with
not less than 100 feet of frontage.
2.
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.
Under no circumstances shall parking be allowed within these required
buffer zones. These requirements may not be waived.
3.
Parking is allowed in the front yard, provided that there is compliance
with the applicable building setback and buffer strip requirements.
Parking in the side and rear yards is preferred.
9.1.3.
Retail limitation. The total gross floor area of retail establishments,
except restaurants with seating, shall not exceed 75% of the gross
square footage of the buildings or structures located on a lot in
which any such use is situated, provided that the Planning Board may
grant a special permit to increase the gross floor area that is used
for such purposes to more than 75% of the gross square footage of
any such buildings or structures. Lots of five acres or less recorded
or shown on a plan endorsed by the Planning Board prior to March 23,
1989 are allowed to have 50% of the total floor area used for retail.
[Amended 5-14-2018 ATM
by Art. 10; 5-13-2019 ATM by Art.
20]
9.1.4.
Special permit process. Applicants seeking special permits in
the S-1 District shall comply with the following standards and requirements:
1.
The Planning Board, acting as the special permit granting authority
(SPGA), shall obtain with each submission a deposit sufficient to
cover any expenses connected with the public hearing and review of
the plans. The SPGA is authorized to retain a professional engineer,
architect, or landscape architect, or other professional consultant
to advise the Board on any or all aspects of the site plan. The cost
of these services shall be borne by the applicant.
2.
Prior to submitting an application for a special permit within the
S-1 District, the applicant shall meet with the Director of Land Use
and Economic Development or the designee thereof to address issues
and respond to questions concerning such application in order to facilitate
the SPGA's review of such matter.
[Amended 1-30-2023 STM by Art. 1; 5-8-2023 ATM by Art. 15]
9.1.5.
Design guidelines. The development shall be integrated into
the existing terrain and surrounding landscape. Building sites shall,
to the extent feasible:
1.
Minimize use of wetlands, steep slopes, floodplains, and hilltops;
and
2.
Preserve natural and historic features; and
3.
Maximize open space retention; and
4.
Minimize obstruction of scenic views from publicly accessible locations;
and
5.
Minimize tree, vegetation and soil removal, blasting and grade changes;
and
6.
Screen objectionable features from neighboring properties and roadways;
and
7.
Minimize demands placed on Town services and infrastructure; and
8.
Maximize the convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent ways; and
9.
Minimize the obstruction of views from the access ways due to the
siting of proposed buildings; and
10.
Encourage the use of common driveways.
9.1.6.
Design requirements.
1.
The development shall be served with adequate water supply and waste
disposal systems.
2.
If the lot, or any portion thereof, falls within the Water Resource
Protection Overlay District, the special permit request shall so state.
The criteria necessary for the granting of this special permit shall
apply and be incorporated into the design of the plan. The special
permit shall fulfill the requirements of both sections and shall be
noted as such by the SPGA.
3.
The development shall incorporate measures that are adequate to prevent
pollution of surface or groundwater, to minimize erosion and sedimentation,
and to prevent changes in groundwater levels, increased rates of runoff
and potential for flooding. Drainage shall be designed so that peak
flow rates shall not be increased above pre-development levels, and
groundwater recharge is maximized.
4.
Building design and landscaping shall be in harmony with the prevailing
character and scale of buildings in the neighborhood through the use
of appropriate building materials, screenings, and other architectural
techniques. Variation in detail, form and siting shall be used to
provide visual interest and to avoid monotony. Proposed buildings
shall relate harmoniously to one another.
5.
Electric, telephone, cable TV and other such utilities shall be underground
except where this cannot be accomplished because it is physically
or environmentally not feasible, in which case a waiver from such
will be requested by the applicant.
6.
Exposed storage areas, machinery, service areas, truck loading areas,
utility buildings and structures and other unsightly uses shall be
set back and/or suitably landscaped.
7.
The SPGA may require that the principal access road be laid out and
constructed in accordance with Town standards, as listed in the Foxborough
Subdivision Regulations.
8.
No land use or establishment shall be permitted to produce a strong
dazzling light or reflection of that light beyond its lot lines onto
neighboring properties or onto any Town way so as to impair the vision
of the driver of any vehicle upon that way. All such activities shall
also comply with applicable federal and state regulations.
9.
Excessive noise at unreasonable hours shall be muffled so as not
to be objectionable due to intermittence, beat frequency, shrillness
or volume. Hours of operation may be regulated to ensure that the
peace and tranquility of abutting residential neighborhoods is maintained.
10.
As required by the Planning Board, common driveways shall conform
to the requirement in the Foxborough Subdivision Regulations that
100 feet of frontage shall be designed and constructed to allow for
access from abutting lots. An easement allowing for such access (enforceable
by the Town) shall be approved by the Planning Board and recorded
at the Norfolk County Registry of Deeds with the special permit.
11.
Driveways constructed on lots with 100 feet of frontage shall
be designed and constructed to allow access from abutting lots. An
easement allowing for such access (enforceable by the Town) shall
be approved by the Planning Board and recorded at the Norfolk County
Registry of Deeds with the special permit.
12.
For those uses or activities where the general public may be
assembled, the SPGA shall request the Chief of Police to recommend
a crowd management plan. It may include requiring the applicant to
maintain police details at the site to ensure public safety and convenience.
As a condition of the special permit, the SPGA may also require the
approved plan to be reviewed and, if necessary, revised from time
to time to ensure continual compliance.[1]
[1]
Editor’s Note: Former Sections 9.1.7 and 9.1.8, both
of which pertained to planned development and immediately followed
this section, were repealed 5-14-2018 ATM by Art. 10.
9.2.1.
Purpose. The purpose of the Design Review Overlay District (DRD)
is:
1.
To protect the cultural and historical resources of the Town of Foxborough
by initiating a review of all new, nonresidential and multifamily
uses through the site plan review and special permit process.
2.
To preserve and enhance the cultural, economic and historical resources
of the Town of Foxborough in the DRD. This will be accomplished by
requiring a detailed design review of all proposed new developments,
changes in appearance of existing buildings and sites, and proposed
changes in land use for all multifamily dwellings and nonresidential
structures.
9.2.2.
Overlay District. DRD is established as an overlay district
and includes all of those streets listed herein. The DRD shall include
all nonresidential properties and all multifamily dwellings fronting
the following streets and which are shown on the revised Zoning Map
dated November 26, 1990, or any amendments thereto:
[Amended 5-12-2014 ATM
by Art. 33; 10-1-2018 STM by Art. 3]
Baker Street (Bird Street to furthermost bound of Glenwood Avenue)
| |
Bassett Street
| |
Bentwood Street
| |
Bird Street
| |
Carpenter Street
| |
Central Street (Common to furthermost bound of Leonard Street)
| |
Church Street
| |
Clark Street
| |
Cocasset Street (Common to furthermost bound of Leonard Street)
| |
Daniels Carpenter Court
| |
Fales Place
| |
Garfield Street
| |
Gilmore Street
| |
Glenwood Avenue
| |
Granite Street (Main Street to Union Street)
| |
Gray Road
| |
Howard Avenue
| |
Leonard Street
| |
Liberty Street
| |
Main Street (Common to furthermost bound of Daniels Carpenter
Court)
| |
Maple Avenue
| |
Maple Place
| |
Market Street
| |
Mechanic Street (Common to furthermost bound of Maple Avenue)
| |
Orchard Place
| |
Pettee Place
| |
Railroad Avenue
| |
Rockhill Street
| |
School Street
| |
Shaw Place
| |
Sherman Street
| |
South Street (Common to furthermost bound of Union Street)
| |
Union Street
| |
Wall Street
|
9.2.3.
Establishment of the Design Review Board. A Design Review Board
is hereby established and shall review all applications subject to
the provisions of this section, and shall issue conditions and forward
these to the appropriate board concerning the conformance of the proposed
project to the design review standards contained herein. The Design
Review Board shall consist of five members who shall be appointed
as follows:
1.
One member from the Planning Board appointed by the Planning Board;
2.
One member from the Historical Commission appointed by the Historical
Commission; and
3.
Three members at large appointed by the Select Board, at least one
of whom shall be a merchant or property owner in the District. If
possible, one member should be a registered engineer or architect.
[Amended 1-30-2023 STM by Art. 1]
The term of the members of the Design Review Board shall be
three years, except that when the Design Review Board is originally
established, the Select Board shall make two of their appointments
for a two-year term and the remaining appointment shall be for a one-year
term.
|
9.2.4.
Applicability. Review by the Design Review Board is required
for exterior activities within the Design Review District when site
plan review or a special permit is required or when the Building Commissioner
determines that the proposed exterior activities are sufficiently
extensive to materially affect the character of surrounding area.
[Amended 5-12-2014 ATM
by Art. 33]
9.2.5.
Standards. The Design Review Board shall consider, at a minimum,
the following standards in the course of the design review of a proposed
activity:
1.
The proportions and relationships between doors and windows shall
be compatible with the architectural style and character of the surrounding
area.
2.
The relationship of a structure to the open space between the structure
and adjoining structures should be compatible.
3.
The design of the roof should be compatible with the architectural
style and character of the surrounding buildings.
4.
The scale of the structure should be compatible with the character
of the surrounding buildings.
5.
Facades shall blend with other structures in the surrounding area
with regard to the dominant vertical or horizontal expression.
6.
Architectural details, including signs, materials, colors, and textures,
shall be treated so as to be compatible with its original architectural
style and to preserve and enhance the character of the surrounding
area.
7.
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and when such design is compatible to the District.
9.2.6.
Procedures. Applications for all activities subject to review
by the Design Review Board shall be made by completing a building
permit application form and submitting it to the Building Commissioner.
Application forms are available from the Building Commissioner's office.
The Building Commissioner shall forward the application to the Design
Review Board and shall notify the appropriate Town Board if site plan
approval or a special permit is required.
[Amended 5-12-2014 ATM
by Art. 33]
1.
Upon receipt of an application, the Design Review Board shall, within
21 days, submit any written findings, comments, conditions, and recommendations
to the applicant, Building Commissioner, and referring board. Failure
of the Design Review Board to report within the twenty-one-day period
shall be deemed a lack of opposition thereto.
2.
The referring board shall incorporate the Design Review Board's report
in its decision. Should the referring board deviate from the Design
Review Board's report, the reasons shall be specifically cited in
their decision.
[Amended 12-11-2012 STM
by Art. 12; 5-13-2013 ATM by Art. 22; 5-11-2015 ATM by Art. 19; 5-10-2021 ATM by Art. 24]
9.3.1.
Purpose. The purpose of the Floodplain Overlay District (FPOD)
is to:
1.
Ensure public safety through reducing the threats to life and personal
injury;
2.
Eliminate new hazards to emergency response officials;
3.
Prevent the occurrence of public emergencies resulting from water
quality, contamination and pollution due to flooding;
4.
Avoid the loss of utility services that if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
Town beyond the site of flooding;
5.
Eliminate costs associated with the response and cleanup of flooding
conditions; and
6.
Reduce damage to public and private property resulting from flooding
waters.
9.3.2.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
NEW CONSTRUCTION
RECREATIONAL VEHICLE
1.
2.
3.
4.
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions. The following terms, as used in this Section 9.3,
shall have the respective meanings as indicated:
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of the Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either i) by an approved state program as determined by
the Secretary of the Interior, or ii) directly by the Secretary of
the Interior in states without approved programs.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement.
A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99.
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual "start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home.
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the Building Commissioner shall
determine it to be substantial repair of a foundation. Applications
determined by the Building Commissioner to constitute substantial
repair of a foundation shall require all existing portions of the
entire building or structure to meet the requirements of the Massachusetts
State Building Code (780 CMR).
A grant of relief from the terms of a floodplain management
regulation.
The failure of a structure or other development to be fully
compliant with the Town's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications
or other evidence of compliance as required in 44 CFR 60.3 is presumed
to be in violation until such time as that documentation is provided.
9.3.3.
Overlay district. The FPOD is established as an overlay district.
The FPOD includes all special flood hazard areas within the Town designated
as Zone A, AE, AH, AO or A99 on the Norfolk County Flood Insurance
Rate Map (FIRM) dated July 16, 2015, issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The exact boundaries of the FPOD shall be defined
by the one-percent-chance base flood elevations shown on the FIRM
and further defined by the Norfolk County Flood Insurance Study (FIS)
report dated July 16, 2015. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk and Inspections
Department.
9.3.4.
Floodplain Administrator. The Town Manager shall be the FPOD
administrator for the Town but may delegate FPOD responsibilities
to a suitably qualified employee of the Town.
9.3.5.
Floodplain permitting.
1.
Permits are required for all proposed construction or other development
in the FPOD, including new construction or changes to existing buildings,
placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and
any other development that might increase flooding or adversely impact
flood risks to other properties.
2.
The permit review process includes the use of a checklist of all
Town, state and federal permits that will be necessary in order to
carry out proposed construction or other development in the FPOD.
The applicant must acquire all necessary permits, and must submit
the completed checklist demonstrating that all necessary permits have
been acquired.
3.
All construction or other development in the FPOD, including structural and nonstructural activities, whether permitted by right or by special permit shall comply with each of the following: MGL c. 131, § 40; those sections of the Massachusetts State Building Code (780 CMR) that address floodplain areas; the Wetlands Protection Regulations of the Massachusetts Department of Environmental Protection (310 CMR 10.00); Inland Wetlands Restrictions of the Massachusetts Department of Environmental Protection (310 CMR 13.00); the Minimum Requirements for the Subsurface Disposal of Sanitary Sewage of the Massachusetts Department of Environmental Protection (310 CMR 15, Title 5); the Code of the Town of Foxborough, Massachusetts, Chapter 267, Wetlands Protection; and the Town of Foxborough Conservation Commission's Wetlands Protection Regulations.
9.3.6.
Requirements. (NOTE: The Town of Foxborough does not have AO
or AH zones on the FEMA maps.)
1.
All buildings and structures erected in areas prone to flooding,
as designated on the Flood Insurance Rate Maps (FIRM) or as further
enumerated, shall be constructed and elevated as required by the Massachusetts
State Building Code.
2.
In A Zones of the FPOD in the absence of FEMA BFE data and floodway
data, the Inspections Department shall obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
3.
The following provisions shall apply in the floodway that is designated
on the Flood Insurance Rate Map:
a.
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided by the applicant demonstrating
that encroachments shall not result in any increase in flood levels
during the occurrence of the 100-year flood.
b.
If the requirements of Section 9.3.5 are satisfied, all new
construction and substantial improvements shall comply with all provisions
of Sections 9.3.6.1 and 9.3.6.2.
4.
In Zones A and AE of the FPOD along watercourses that have not had
a regulatory floodway designation, the best available federal, state
and local or other floodway data shall be used to prohibit encroachments
in the floodways that would result in any increase in flood levels
within the Town during the occurrence of the base flood discharge.
5.
In a riverine situation, the Conservation Agent shall notify the
following of any alteration or relocation of a watercourse: municipalities
that are adjacent to the Town; the NFIP State Coordinator, Massachusetts
Department of Conservation and Recreation, 251 Causeway Street, Suite
600-700, Boston, MA 02114-2104; and the NFIP Program Specialist, Federal
Emergency Management Agency, Region I, 99 High Street, 6th Floor,
Boston, MA 02110.
6.
If the Town acquires data that changes the base flood elevation in
the FEMA mapped special flood hazard areas, the Town shall within
six months notify FEMA of these changes by submitting the technical
or scientific data that supports the change(s) to FEMA Region I Risk
Analysis Branch Chief, 99 High Street, 6th floor, Boston, MA 02110,
and shall copy such notification to Massachusetts NFIP State Coordinator,
MA Department of Conservation and Recreation, 251 Causeway Street,
Boston, MA 02114.
7.
Subdivision proposals shall be designed to assure that such proposals
minimize flood damage, all public utilities and facilities are located
and constructed to minimize or eliminate flood damage, and adequate
drainage is provided to reduce exposure to flood hazards.
8.
Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is
lesser, within unnumbered A Zones.
9.
All recreational vehicles that are placed on a site in A1-30, AH
and AE Zones of the FPOD shall be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements,
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
9.3.7.
Variances from floodplain development regulations.
1.
Variances from the Massachusetts State Building Code. A variance
from the provisions of the Massachusetts State Building Code shall
comply with the following requirements:
a.
The Inspections Department shall request from the State Building
Code Appeals Board a written and/or audible copy of the portion of
the hearing related to the variance, and will maintain this record
in the Town's files.
b.
The Inspections Department shall issue a written letter signed
by the Building Commissioner to the property owner regarding potential
impacts to the annual premiums for the flood insurance policy covering
that property, which such letter shall provide that i) the issuance
of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts
as high as $25 for $100 of insurance coverage, and ii) such construction
below the base flood level increases risks to life and property.
c.
Such notification shall be maintained with the record of all
variance actions for the referenced development in the FPOD.
2.
Variances from these bylaws. A variance from the provisions of this
Section 9.3 shall comply with and satisfy the applicable provisions
of Section 10.2.2.3 of these bylaws and, in addition, may only be
granted if i) good and sufficient cause and exceptional nonfinancial
hardship exist, ii) the variance will not result in additional threats
to public safety, extraordinary public expense, or fraud or victimization
of the public, and iii) the variance is the minimum action necessary
to afford relief.
9.3.8.
Administrative.
1.
Abrogation and greater restriction. The bylaws that are set forth
in this Section 9.3 shall take precedence over any less restrictive
conflicting bylaws, rules or regulations of the Town.
2.
Disclaimer of liability. The degree of flood protection required
by this Section 9.3 is considered reasonable but does not imply total
flood protection.
3.
Severability. If any section, provision or portion of this Section
9.3 is determined to be invalid by a court of competent jurisdiction,
such invalidity shall not affect any other section, provision or portion
thereof that can be given effect without that which is held invalid,
provided that the result of such invalidity would not be contrary
or detrimental to the purpose of such section.
9.4.1.
Findings. The groundwater underlying the Town is a significant
source of its existing and future drinking water supply. The groundwater
aquifers are integrally connected with, and flow into, the surface
waters, lakes and streams which constitute significant recreational
and economic resources of the Town. Spills and discharges of petroleum
products and other toxic and hazardous materials and the discharge
of sewage have repeatedly threatened the quality of groundwater supplies
and related water resources throughout Massachusetts and elsewhere,
posing potential public health and safety hazards and threatening
economic losses to the affected communities.
9.4.2.
Purpose. The purpose of the Water Resource Protection Overlay
District (WRPOD) is to protect the public health, safety, and general
welfare of the community by:
1.
Preserving and maintaining the existing and potential groundwater
supplies, aquifers, and recharge areas of the Town of Foxborough,
and protecting them from adverse development or land-use practices;
2.
Preserving and protecting present and potential sources of drinking
water supply for the public health and safety;
3.
Conserving the natural resources of the Town;
4.
Preventing blight upon and/or pollution of the environment;
5.
Implementing the Town's authority to regulate water use pursuant
to MGL c. 41, § 69B, and MGL c. 40, § 41A, conditioned
upon a declaration of water supply emergency issued by the Massachusetts
Department of Environmental Protection (DEP).
9.4.3.
Overlay district. The WRPOD is established as an overlay district
and includes all those areas as designated on a map entitled "Water
Resource Protection District, Foxborough, Massachusetts Annual Town
Meeting May 13, 2109,"[1] as may be amended from time to time. It consists of aquifer
recharge areas for existing, proven, and future well sites (Zone II
and Zone III of the WRPOD), future potential aquifer areas, bodies
of water, whether natural or man-made, each to the seasonal high water
line and a surrounding protective setback, extending 250 feet from
the edge of a body of water. Any use not permitted in the other zoning
districts shall not be permitted in the WRPOD. Any uses permitted
in the portions of the districts so overlaid shall be permitted, except
when the WRPOD imposes greater or additional restrictions and requirements,
such restrictions and requirements shall apply. This map, as it may
be amended from time to time, is on file with the office of the Town
Clerk and with the Building Commissioner and, with any explanatory
material thereon, is hereby made a part of these bylaws.
[Amended 10-1-2018 STM
by Art. 6; 5-13-2019 ATM by Art.
25]
[1]
Editor’s Note: A copy of said map is included as an attachment to this chapter.
9.4.4.
Definitions. See the definition of "Water Resource Protection
Overlay District" in Section 11.0 of these bylaws.
9.4.5.
Interpretation of map. Where the bounds of the WRPOD, as delineated
on the WRPOD Map, are in doubt or dispute, the burden of proof shall
be upon the applicant concerning the land in question to show where
they should properly be located. At the request of the applicant whose
land has been designated as part of the WRPOD, the Town, acting by
the Planning Board, Board of Appeals, may engage a professional hydrogeologist
or geologist to determine more accurately the location and extent
of an aquifer or recharge area and may charge the owner for all or
part of the cost of the investigation.
9.4.6.
Minimum requirements. The following are the minimum requirements
for lots or portions of lots located inside a WRPOD:
[Amended 5-14-2018 ATM
by Art. 11]
1.
Within the Primary Resource Areas, individual sewage disposal systems
shall be designed to receive or shall receive not more than 110 gallons
of design flow per 10,000 square feet of upland area under one ownership
per day, or 440 gallons of design flow per 40,000 square feet of upland
area under one ownership per day.
2.
Within the WRPOD, the replacement or repair of a sewage disposal
system shall not result in an increase in the design capacity over
the original design, or the design capacity of 310 CMR 15.00, whichever
is greater, unless a system with enhanced nitrogen removal is installed
that meets all of the following requirements:
3.
Within the Primary Resource Areas, single-/two-family residential
lots shall contain a minimum of 60,000 square feet, of which a minimum
of 30,000 square feet shall be upland area, unless the dwelling is
connected to a sewer line, then the requirements of Table 4-1 of these
bylaws shall apply.
4.
[2]Within the WRPOD, land uses on any lot shall not render
impervious more than 15% or 2,500 square feet, whichever is greater,
unless a system for artificial recharge of precipitation is provided
that will not result in the degradation of groundwater quality.
[2]
Editor’s Note: Former Subsection 9.4.6, Paragraph 4,
which set forth a minimum residential lot size within Zone III, was
repealed 5-13-2019 ATM by Art. 18. Article 18 also renumbered former
Paragraphs 5 through 10 as Paragraphs 4 through 9, respectively.
5.
For parcels situated in the Primary Resource Areas of the WRPOD,
the maximum number of building lots Editor’s Note: Former Subsection
9.4.6, Paragraph 4, which set forth a minimum residential lot size
within Zone III, was repealed 5-13-2019 ATM by Art. 18. Article 18
also renumbered former Paragraphs 5 through 10 as Paragraphs 4 through
9, respectively.allowed in the special permit definitive plan filing
for an open space residential development (OSRD) shall be determined
by compiling the total sewerage flow allowed for the total upland
area within each of the building lots approved in the conventional,
preliminary plan. Minimum lot sizes of 30,000 square feet of upland
area shall be required in these areas.
6.
For parcels situated in Zone III of the WRPOD, the maximum number
of building lots allowed in the special permit definitive plan filing
for an OSRD shall be determined by compiling the total sewerage flow
allowed within each of the buildable lots approved in the conventional,
preliminary plan. Minimum lot sizes of 20,000 square feet shall be
required in these areas.
7.
A single- or two-family residential lot, which is not serviced by
a sewer line and where a portion of such is located within the WRPOD,
shall be allowed, provided that:
8.
The mining of land or the removal of soil, loam, sand, gravel or any other mineral substances within the WRPOD shall only be allowed pursuant to Chapter 115, Earth Removal, of the Foxborough General Bylaws.
9.
If a lot is located partly within the WRPOD and partly outside of
a WRPOD, the requirements of this Section 9.4 shall apply only to
that portion of the lot located within the WRPOD.
9.4.7.
Use regulations for all resource areas: permitted uses. The
following uses are permitted in the WRPOD:
1.
Conservation of soil, water, plants and wildlife;
2.
Nonintensive agricultural uses: pasture, light grazing, hay, gardening,
nursery, conservation, forestry, and harvesting, provided that fertilizers,
herbicides, pesticides, and other leachable materials do not exceed
the limitations expressed in Section 9.4.8, Prohibited uses, and are
stored under cover in a manner which will prevent leakage;
3.
Outdoor recreation, nature study, boating, fishing, foot, bicycle
and/or horse paths, bridges, and hunting where otherwise legally permitted;
4.
Normal operation and maintenance of existing water bodies and dams,
splash boards, and other water control, supply and conservation devices;
5.
Toxic or hazardous materials may be stored as an accessory use, provided
that storage is either in a freestanding container within a building
or in a freestanding container above ground level with protection
adequate to contain a spill the size of the container's maximum storage
capacity plus 10%;
6.
Publicly owned treatment works and their appurtenances that meet
the groundwater discharge permit program requirements of 314 CMR 5.00.
7.
All uses except for those uses that are prohibited within the WRPOD
or allowed only by special permit under the WRPOD.
9.4.8.
Use regulations for all resource areas: prohibited uses. The
following uses are prohibited in the WRPOD:
1.
Disposal of liquid or leachable wastes other than normal sanitary
waste;
2.
Sanitary landfills and open dumps as defined in 310 CMR 19.006, disposal
of solid wastes other than brush and stumps, and disposal of brush
and stumps by burial with less than four feet of clearance above the
observed maximum water table;
3.
Automobile graveyards and junkyards as defined in MGL c. 140B, § 1,
or motor vehicle salvage operations;
4.
Treatment or disposal works that are subject to 314 CMR 5.00, except
the following:
a.
The replacement or repair of an existing system(s) that will
not result in an increase in design capacity greater than the design
capacity of the existing system(s);
b.
The replacement of an existing subsurface sewage disposal system(s)
with wastewater treatment works that will not result in an increase
in design capacity greater than the design capacity of the existing
system(s);
c.
Treatment works approved by the Massachusetts Department of
Environmental Protection (DEP) designed for the treatment of contaminated
ground or surface waters; and
d.
Sewage treatment facilities in those areas with existing water
quality problems when it has been demonstrated to DEP's satisfaction
both that these problems are attributable to current septic systems
and that there will be a net improvement in water quality.
e.
Publicly owned treatment works, and their appurtenances that
meet the groundwater discharge permit program requirements of 314
CMR 5.00
5.
Storage of sodium chloride, chemically treated abrasives or other
chemicals used for the removal of ice and snow on roads, unless such
storage is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate.
6.
Stockpiling and disposal of snow or ice removed from highways or
streets located outside of the WRPOD that contains sodium chloride
chemically treated abrasives or other chemicals used for snow and
ice removal.
7.
Commercial establishments or municipal facilities for the washing,
servicing, or repair of motor vehicles, airplanes or boats.
8.
Commercial establishments for the plating, finishing, etching, or
polishing of metals or semiconductors.
9.
Manufacture of semiconductors or other electronic components.
10.
Chemical or bacteriological laboratories.
11.
Underground storage tanks for petroleum or any toxic or hazardous
substances, except for replacement or upgrading of existing storage
without increasing capacity, provided that there is compliance with
all local, state and federal laws.
12.
Storage of liquid petroleum products of any kind, except those
incidental to:
a.
Normal household use and outdoor maintenance or the heating
of a structure;
b.
Waste oil retention facilities required by MGL c. 21, § 52A;
c.
Emergency generators required by statute, rule or regulation;
or
d.
Treatment works approved by DEP designed in accordance with
314 CMR 5.00 for the treatment of contaminated ground or surface waters.
Storage as listed in these items shall be in either a freestanding
container within a building, or in a freestanding container above
ground level with protection adequate to contain a spill the size
of the container's maximum capacity plus 10%.
|
13.
Any use which involves as a principal activity, the manufacture,
storage, use or disposal of toxic or hazardous material.
14.
The storage of animal manure, unless such storage is covered
or contained in accordance with the specifications of the United States
Natural Resources Conservation Service.
15.
The use of septic system cleaners which contain toxic or hazardous
materials, in accordance with 310 CMR 15.027.
16.
Dry-cleaning establishments and/or coin or commercial laundries
where cleaning is performed on the premises.
17.
Commercial establishments for painting, wood preserving, or
stripping paint.
18.
Commercial establishments for printing, photocopying, or photographic
processing.
19.
Commercial establishments for electronic circuit assembly.
20.
Storage of commercial fertilizers, as defined in MGL c. 128, § 64,
unless such storage is within a structure designed to prevent the
generation and escape of runoff or leachate.
21.
Landfilling of sludge and septage as defined in 310 CMR 32.05.
22.
The storage of sludge or septage as defined in 310 CMR 32.05
unless such storage is in compliance with 310 CMR 32.30 and 310 CMR
32.31.
23.
Facilities that generate, treat, store or dispose of toxic or
hazardous waste that are subject to MGL Chapter 21C, and 310 CMR 30.00,
except the following:
a.
Very small quantity generators, as defined by 310 CMR 30.00;
b.
Household toxic or hazardous waste collection centers or events
operated pursuant to 310 CMR 30.390;
c.
Waste oil retention facilities required by MGL c. 21, § 52A;
and
d.
Treatment works approved by DEP designed in accordance with
314 CMR 5.00 for the treatment of contaminated ground or surface waters.
24.
Any floor drainage systems in industrial or commercial process
areas or toxic or hazardous material and/or toxic or hazardous waste
storage areas, which discharge to the ground without a DEP permit
or authorization.
25.
Commercial kennels.
9.4.9.
Use regulations for all resource areas: special permit uses.
The following uses may be allowed by the grant of a special permit:
1.
Golf courses.
2.
Any nonresidential or multifamily use that will render impervious
more than 15% or 2,500 square feet (whichever is greater) over that
portion of the lot within WRPOD.
3.
Any nonresidential or multifamily use outside of the WRPOD, which
directs surface-water flows from impervious areas greater than 2,500
square feet into a WRPOD.
4.
A preexisting, nonconforming, nonresidential or multifamily structure
or use shall not be altered, reconstructed, extended without a finding
and a special permit based upon the requirements herein.
9.4.10.
Stadium. Notwithstanding the foregoing, in connection with the
development of a stadium and accessory uses thereto that are (i) within
250 feet of the Neponset River, and (ii) within the Economic Development
Area Overlay District, the foregoing uses shall be allowed without
a special permit, provided that such use:
1.
Is not located within a Zone II or Zone III of the WRPOD or within
250 feet of other bodies of water as delineated on the WRPOD map;
2.
Is reviewed and approved by the Town of Foxborough Conservation Commission
and/or the Massachusetts Department of Environmental Protection (DEP)
pursuant to the Massachusetts Wetlands Protection Regulations (310
CMR 10.00); and
3.
Is reviewed and approved by the Planning Board through site plan
approval pursuant to Section 10.5 of these bylaws.
9.4.11.
Special permit granting authority. The Planning Board is the
special permit granting authority (SPGA). It is also authorized to
make findings for proposed extensions and alterations of preexisting,
nonconforming structures or uses within the WRPOD pursuant to Section
4.0 of these bylaws. The SPGA shall be responsible for assuring that
all applications comply with the provisions of this section.
9.4.12.
Special permit application. The following materials, prepared
and stamped by a registered professional engineer, shall be submitted
to the SPGA (10 copies) and the Town Clerk (one copy) at the expense
of the applicant.
1.
A site plan conforming to the requirements and specifications of
Section 10.5 of these bylaws and this Section 9.4.
2.
Material safety data sheets for all chemicals, pesticides, fuels,
and other potentially toxic or hazardous materials to be used, generated,
stored, or disposed of on the premises, and a complete list of the
maximum quantities of chemicals, pesticides, fuels, and other potentially
toxic or hazardous materials to be used and other pertinent information.
3.
A description of proposed measures to protect all storage containers
or facilities associated with such materials from vandalism, accidental
damage, corrosion, and leakage and the location of such storage on
the premises.
4.
For any toxic or hazardous wastes to be generated in quantities greater
than those associated with normal household use, the applicant must
demonstrate to the SPGA the availability and feasibility of disposal
methods which comply with the regulations of the Massachusetts Hazardous
Waste Management Act, 310 CMR 30.00, Paragraph 1 of this Section 9.4.12,
and all other applicable state and federal laws, including obtaining
an EPA identification number from the DEP.
5.
A description of proposed methods by which runoff from impervious
areas will be recharged into the ground within the premises.
6.
An erosion and sedimentation control plan.
7.
Projections of concentrations of nitrogen and other relevant solutes
in the groundwater at the downgradient boundary of the property and
at any other locations deemed pertinent by the SPGA, including drinking-water
wells illustrated on a plan by flow lines from the proposed site.
Such projections shall be based upon appropriate groundwater models,
such as, the Mass Balance Nitrate Model from the Cape Cod Aquifer
Management Project (CCAMP) document and the following information
or standards:
a.
Wastewater per person: seven pounds of nitrogen per year, four
persons per dwelling unit;
b.
Lawn fertilizers: two pounds of nitrogen per 1,000 square feet
of lawn per year;
c.
Road runoff: 0.19 pound of nitrogen per day per lane mile;
d.
Background nitrogen concentration: actual on-site measurements;
e.
Hydraulic conductivity: use on-site data;
f.
Saturated thickness: use data from site-specific borings;
g.
Groundwater gradient: use data from site-specific measurements.
These projections may not be required, as determined by the
SPGA, for projects which involve no on-site discharge other than sanitary
waste, or where disposal is through a sewer line and comply with regulations
herein.
|
9.4.13.
Design standards. When considering an application, the SPGA
shall give consideration to the simplicity, reliability, and feasibility
of the control measures and design standards proposed, and the degree
of threat to water quality which would result if the control measures
and design standards failed. Where applicable, the SPGA must find
based upon the requirements of this Section 9.4 that proposed alterations
or extensions are not substantially more detrimental to water resources
than the existing, nonconforming structure or use within the defined
WRPOD. The SPGA may grant a special permit if it finds that the applicant
has demonstrated that the proposed activity or use complies with the
following design standards and requirements:
1.
It meets the intent and specific criteria of this Section 9.4;
2.
It will not, during construction or thereafter, have an adverse impact
on any aquifer or recharge area in the WRPOD;
3.
It will not adversely affect an existing or potential domestic or
municipal water supply;
4.
Groundwater quality at the downgradient boundary of the property
shall not be allowed to violate state or federal drinking water standards;
5.
Provisions shall be made to protect against toxic or hazardous materials
discharge or loss resulting from corrosion, accidental damage, spillage
or vandalism through measures such as: prohibition of underground
fuel storage tanks; spill control provisions and clean-up in the vicinity
of chemical or fuel delivery transfer points; secured storage areas
for toxic or hazardous materials; indoor storage provisions for corrodible
or dissolvable materials/wastes; and a schedule of future monitoring
of waste streams or groundwater on the site to ensure that proper
control has been maintained;
6.
Where uses are partially outside of a WRPOD, potential pollution
sources such as on-site waste disposal systems and their reserve areas
and drainage basins shall be located outside the WRPOD, to the extent
feasible;
7.
Site design shall result in no increase in the peak rate of stormwater
runoff in a ten-year storm and one-hundred-year storm. Site design
shall result in no increase in the total volume of stormwater runoff
in a one-year storm event. Areas left in an open or vegetated state
shall be located so as to increase distances between impervious surfaces
or on-site disposal systems and any surface water body or municipal
well. Where possible, stormwater should be controlled by best management
practices (BMPs). For example, stormwater may be directed through
vegetated areas prior to infiltration into the groundwater or to surface
water;
8.
Systems for artificial recharge of precipitation will not result
in the degradation of groundwater quality. Wherever possible, recharge
should occur by BMPs or through diversions into vegetated areas where
surface infiltration will occur. Dry wells shall be used for roof
runoff and in those situations where surface infiltration is not feasible.
Discharge of all runoff (excepting roof drains) shall be preceded
by, and flow through oil and grease traps, and sediment traps which
shall be maintained in accordance with a maintenance schedule submitted
as required by the SPGA;
9.
Periodic monitoring and sampling schedule may be required by the
SPGA, based upon the proposed use of the site, including, but not
limited to: sampling of wastewater disposed to on-site systems, maintenance
records for dry wells and sampling from groundwater monitoring wells
if mandated by the special permit. If required, a monitoring report
with six copies shall be submitted within a specified time period
to the SPGA, who will distribute them to the Town Clerk, Fire Chief,
Board of Health, Board of Water and Sewer Commissioners, and Conservation
Commission. The cost of monitoring, including sampling and analysis,
shall be the responsibility of the applicant;
10.
All clearing and earthmoving operations shall occur only when
erosion and sedimentation control measures are in place as approved
by the SPGA or the Conservation Commission when it is within the Conservation
Commission's jurisdiction. Such control measures shall remain in place
until the SPGA or the Conservation Commission determines that the
danger of erosion or sedimentation no longer exists.
9.4.14.
Decision. After a public hearing, the SPGA shall coordinate,
clarify and weigh the comments and recommendations of the various
Town of Foxborough agencies/boards; it shall then issue a written
decision pursuant to Section 10.4 of these bylaws.
1.
In addition to the findings described above, the decision of the
SPGA shall include an explanation of any departure from the recommendations
of any other Town of Foxborough agencies/boards.
2.
For projects which require approval by other Massachusetts or Town
of Foxborough agencies/boards, the special permit shall include a
condition that no building permits shall be issued until evidence
has been received by the SPGA and Building Commissioner that such
required approvals have been received.
9.5.1.
Purpose. It is the purpose of this Section 9.5:
1.
To supplement existing zoning regulations to provide regulating flexibility
to encourage economic development within the District in accordance
with Chapter 16 of the Massachusetts Acts of 1999; and
2.
To address the unique pressures and demands of development and the
use of property within the District due to the high volume of pedestrian
and vehicular traffic generated by uses in this area.
9.5.2.
Overlay district. The Economic Development Area Overlay District
(EDAOD) is established as an overlay district and includes that area
designated on a map entitled "Economic Development Area Overlay District,
Foxborough, MA" that is on file with the Town Clerk and the Building
Commissioner and which, together with any explanatory material thereon,
is hereby incorporated in and made a part of these bylaws. This map
shall be considered as superimposed over other districts established
by these bylaws.
9.5.3.
Applicability. Buildings and land uses within the EDAOD shall
be governed by the pertinent regulations within the Special Use (S-1)
District, except as modified by the provisions of this Section 9.5.
Where the base zoning regulations of the Special Use (S-1) District
differ from the provisions of this Section 9.5, the provisions of
this Section 9.5 shall govern.
9.5.4.
Permitted uses. The following uses shall be permitted as of
right as either primary or accessory uses, notwithstanding anything
contained in Table 3-1 to the contrary:
1.
All uses permitted as of right in the Special Use (S-1) District.
2.
Parking lots, whether paved or unpaved, serving uses with seating
or attendance capacities of over 7,500 people, provided that any such
parking lot shall comply with the parking standards otherwise set
forth herein.
3.
Retail establishments, provided that (i) the total gross floor area
used for such uses shall not exceed 75% of the gross square footage
of the buildings or structures located on a lot in which any such
use is situated, and (ii) the Planning Board may grant a special permit
to increase the gross floor area that is used for such uses to more
than 75% of the gross square footage of any such buildings or structures,
and (iii) for the purpose of this provision any such use within a
stadium or associated directly with and accessory to a stadium shall
not be subject to the total gross floor area restriction.
[Amended 5-14-2018 ATM
by Art. 10; 5-13-2019 ATM by Art.
20]
4.
Restaurants with or without seating, including, without limitation,
restaurants employing "take out service" and so-called "fast-food
restaurants."
5.
Stadiums.
6.
Sewage treatment plants and sewage treatment facilities.
7.
Parking garages, provided that any such parking garage shall comply
with all applicable dimensional and other zoning requirements set
forth in these bylaws.
8.
Offices.
9.
Indoor entertainment facilities, housing permanent or temporary events.
10.
Entertainment productions for theme-oriented or seasonal entertainment
events, temporary in nature, which may be held in an outdoor setting
or a combination of an indoor/outdoor setting, provided that no singular
event shall exceed 30 days in duration, and that the cumulative number
of days in a calendar year for all such events shall not exceed 90
days. No more than one such seasonal or theme-oriented event or production
shall occur on a lot at a given time. Notwithstanding the foregoing,
the time, duration and event limitations contained herein shall not
apply to any of the uses permitted under Section 9.5.5, below.
11.
Pedestrian crossovers located over a street or way, thoroughfare,
highway or driveway.
9.5.5.
Permitted accessory uses - stadium. The following uses shall
be permitted as accessory uses to the primary use of a lot for a stadium,
whether such accessory uses are located on the same lot as such stadium
or on an adjacent or contiguous lot under common or affiliated ownership
(whether the ownership interest is fee simple or leasehold):
1.
Sports-oriented entertainment centers, including, without limitation,
National Football League pavilion-type uses, whether permanent or
temporary, with vending machines, interactive manual, mechanical,
audiovisual, electronic and computer games, equipment or systems and
general entertainment facilities.
2.
Practice fields, weight-training facilities, practice pavilions and
other sports-related structures for similar uses.
3.
Access ways (including no more than one limited access way through
residential districts) and associated infrastructure, including, but
not limited to, drainage, sewer lines and utilities, serving events
licensed by the Select Board at a stadium within the District. For
(i) all National Football League (or successor) football games, (ii)
soccer games, and (iii) six other events, for which tickets will be
made available for 50,000 or more attendees (the "permitted events"),
the one limited access way through residential districts may be used
pursuant to site plan approval granted by the Planning Board and shall
be subject to limitations as to time, and the number and type of vehicles
using said access way, pursuant to Section 9.5.10.4. For any other
stadium event for which greater than 50,000 tickets will be made available,
the Planning Board may allow the use of said limited access way through
residential districts subject to the issuance of a special permit.
When reviewing a request for a special permit, the Planning Board
shall employ the criteria detailed in Section 10.4 of these bylaws.
Among these and other concerns, the Planning Board shall also review
the day(s) of the week the access way is proposed to be open, the
proposed hours of operation, the proposed number and types of vehicles
to use it, and the general impacts on the neighborhood.
[Amended 1-30-2023 STM by Art. 1]
4.
Dormitories, provided such use shall be limited to stadium-related
purposes.
5.
Storage yards, water tanks and towers, cooling towers, emergency
generators, water filtration plants and utility facilities and structures,
including sewage treatment plants and electric power substations.
6.
Passive outdoor recreational uses such as parks and picnic groves.
7.
Hotel.
9.5.6.
Dimensional standards.
1.
Yards. All yards shall comply with the requirements of Section 4.0
and Table 4-2 of these bylaws, except that there shall be no minimum
front yard, side yard and rear yard requirements applicable to a lot
on which is located a stadium, or to a pedestrian crossover located
over a street or way, thoroughfare, highway or driveway where the
crossover services such a lot.
2.
Frontage. The provisions of the frontage requirements for the S-1
District set forth in Table 4-2 shall apply to lots within the District.
3.
Lots: coverage and definition. The maximum impervious surface coverage
limitations within the District shall be as follows:
a.
Maximum impervious surface coverage shall not exceed 70%, to
be measured cumulatively with respect to contiguous or adjacent lots
under common or affiliated ownership.
b.
For any lot on which a stadium is located, the maximum impervious
surface coverage shall not exceed 95%.
c.
Notwithstanding any other provisions of these bylaws except
Section 9.5.6.3.b, above, for the purposes of applying the requirements
of these bylaws to the EDAOD, adjacent or contiguous lots (including
lots separated by a public or private street or way, thoroughfare,
highway or driveway) under common or affiliated ownership (whether
the ownership interest in such lot is fee simple or leasehold) shall
be deemed a single lot.
9.5.7.
Height. The height limitations of Section 4.0 and Table 4-2
shall not apply to buildings or structures in the EDAOD. The height
limitations applicable to buildings or structures in the EDAOD shall
be as follows:
1.
Section 4.4.1 shall apply to buildings or structures within the EDAOD.
2.
The building height of any structure shall not exceed 70 feet, provided
that the Planning Board may grant a special permit pursuant to the
requirements of Section 9.5.7.5 to authorize any such structure to
be constructed to a height in excess of 70 feet but not greater than
150 feet.
[Amended 5-14-2018 ATM
by Art. 10]
3.
The building height of any structure, other than a stadium, that
is located less than 200 feet from any property line that abuts a
residential district shall not exceed 70 feet, provided that the Planning
Board may grant a special permit pursuant to the requirements of Section
9.5.7.5 to authorize any such structure to be constructed to a height
in excess of 70 feet but not greater than 100 feet.
[Amended 5-14-2018 ATM
by Art. 10]
4.
Notwithstanding any foregoing provision, the height of stadiums shall
not exceed 220 feet in the case of outdoor air stadiums and 280 feet
in the case of domed stadiums.
5.
Deviations within the EDAOD from the height requirements of this
Section 9.5.7 may be allowed by the Planning Board by issuance of
a special permit. When reviewing a request for a special permit, the
Planning Board shall employ the criteria detailed in Section 10.4
of these bylaws. Among these and other concerns, the Board shall also
consider the proximity of the proposed structure to Route 1 and residential
abutters, the visual impacts of the proposed structure, the impacts
of the structure on the municipal water supply, the water distribution
system, off-street parking impacts, minimum fire flows and the proximity
of the structure to other nonresidential buildings.
9.5.8.
Buffer strips. Buffer strips shall comply with the applicable
minimum requirements set forth in Sections 6.4 and 9.0, except that
such requirements shall not apply to:
1.
Any lot the primary use of which is a stadium, or any pedestrian
crossover located over a street or way, thoroughfare, highway or driveway
where the crossover services such a lot;
2.
The front yard of any lot located along Route 1, except that a minimum
front yard landscaped strip of 15 feet along Route 1 shall be required,
which landscaped strip shall consist of the following visual screening
elements:
3.
The access way through residential districts allowed under Section
9.5.5.3, except that a minimum buffer strip of 20 feet shall be required
along each side of any such access road. It shall contain two rows
of 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. In addition, fences may be required by the Planning
Board. In the areas where such buffer would be within a wetland resource
area, such buffer shall comply with and conform to any applicable
order of conditions issued by the Foxborough Conservation Commission
or the Massachusetts Department of Environmental Protection.
4.
The Planning Board may require screening and buffer strips and/or
designated "no cut/no build" areas that are established under the
applicable site plan or special permit process required under these
bylaws to have a written deed restriction permanently preserving such.
This document shall be submitted for review by the Planning Board
and suitable for recording at the Norfolk County Registry of Deeds
with any approval.
5.
Deviations within the EDAOD from the buffering and screening requirements
of this Section 9.5.8 may be allowed by the Planning Board by issuance
of a special permit. When reviewing a request for a special permit,
the Planning Board shall employ the criteria detailed in Section 10.4
of these bylaws. Among these and other concerns, the Planning Board
shall also consider existing topography in the vicinity of the request,
existing vegetation, the proximity of abutting structures and the
proposed buffering and landscaping within the area under consideration.
9.5.9.
Parking standards and location. Off-street parking in the EDAOD
shall comply with the following standards and location requirements
and shall not be subject to the provisions of Section 6.1, except
as otherwise provided in this Section 9.5:
1.
Table 6-1 shall govern the number of parking spaces required for
uses in the EDAOD; except that there shall be no minimum off-street
parking requirement applicable to a stadium use in the District.
2.
Section 6.0 of these bylaws shall apply to off-street parking in
the EDAOD.
3.
Required off-street parking spaces do not have to be located on the
same lot as a proposed use, provided that contracts, easements, agreements
or other evidence are presented to the appropriate board to ensure
that parking facilities not owned by the applicant will continue to
be available.
4.
Shared, multi-use parking is permitted in the EDAOD and will be counted
in determining whether a use has the requisite number of spaces.
5.
Multi-level parking structures shall be permitted in the EDAOD, provided
that such structures comply with all dimensional and other zoning
requirements set forth in these bylaws.
6.
Off-street parking spaces are allowed in the front yard of lots with
frontage on Route 1, provided that a fifteen-foot landscape strip
is maintained in accordance with Section 9.5.8.2 of these bylaws.
7.
The maximum curb cut for curb cuts in the EDAOD shall not exceed
40 feet in width unless (i) otherwise required by nonlocal regulations
and/or approved by the Massachusetts Highway Department (MHD) as part
of a Section 61 Finding, or (ii) recommended by a traffic engineer
selected by the applicant in connection with the development of the
property based on a traffic engineering study compiled by such engineer.
8.
All parking spaces shall be suitably marked with striping.
9.
The surfacing requirements for parking lots within the EDAOD shall
be as follows:
a.
All parking areas serving a stadium or mercantile or retail
uses associated directly with and accessory to such stadium shall
either be paved with bituminous concrete or cement concrete or shall
be surfaced with a minimum of six inches of densely graded crushed
stone, crushed gravel or stone dust, graded and compacted so as to
achieve a stabilized surface and dispose of all surface water accumulation.
b.
All parking areas required under Table 6-1 for uses other than
those set forth in 9.5.9.9.a, above, shall be paved with bituminous
concrete or cement concrete.
10.
A bituminous concrete curb, berm or wheelstop shall be placed
at the edge of paved parking areas except where necessary to facilitate
overland drainage flow and stormwater management in accordance with
a stormwater management plan approved for such parking area. In any
nonpaved parking area, if stormwater catch basins are installed, there
shall be a paved area around each basin to help control sediments
that might flow into said basins.
11.
Interior landscaping shall not be required for parking areas
serving a stadium or uses related to such stadium. For parking areas
required for other primary uses that are not stadium-related, the
interior landscaped bumper strip requirements of Section 6.0 of these
bylaws shall apply, except that such interior landscaped bumper strips
shall not be required, provided that additional landscaped areas equal
in area to the otherwise required interior landscaped bumper strips
are provided at the perimeter of such lot as shown on a site plan
subject to site plan approval.
12.
Parking areas will have controlled points of access and egress.
All driveways and access lanes shall comply with the location requirements
of Section 6.1.7.4 of these bylaws, except where such driveways and
access lanes comply with an access plan approved by the MHD as part
of a Section 61 Finding.
13.
Nonresidential driveways or access lanes shall be a minimum
of 26 feet in width, except that the access way through residential
districts allowed under Section 9.5.5.3 of these bylaws shall not
be subject to this limitation.
14.
Deviations within the EDAOD from the parking standards and location
requirements of this Section 9.5.9 may be allowed by the Planning
Board by issuance of a special permit. When reviewing a request for
a special permit, the Planning Board shall employ the criteria detailed
in Section 10.4 of these bylaws. Among these and other concerns, the
Board shall consider existing or proposed shared parking, the proximity
of the spaces to abutters and to the building they service, drainage
impacts, impacts on environmentally sensitive areas and landscaping.
9.5.10.
Site plan review. Site plan review pursuant to Section 10.5
of these bylaws will be required for any new building, any addition
to any existing building or structure or any change of use in the
EDAOD. Applicants shall not be required to obtain special permits
with respect to proposed development plans and/or uses that comply
with the requirements set forth in this Section 9.5. Site plan review
is not required for those uses which require a special permit pursuant
to this Section 9.5, unless otherwise required to comply with the
requirements of this Section 9.5. In addition to the standards and
requirements set forth in Section 9.1 of these bylaws, applicants
seeking site plan review approval within the EDAOD shall comply with
the following additional standards and requirements:
1.
To the extent feasible, development proposals shall minimize demands
placed on Town services and infrastructure. In the case of increased
impact developments (as hereinafter defined), the Planning Board may
require off-site enhancements or other appropriate responses to mitigate
the identified impact(s). As used herein, the term "increased impact
developments" shall mean a development that (i) will increase traffic
volume on a street by 25% or more during any given peak traffic period
and result in insufficient capacity, or (ii) will reduce existing
fire flow at the project site below 500 gallons per minute, or (iii)
will trigger the "ENF and Mandatory EIR" filing requirement under
the Massachusetts Environmental Policy Act (MEPA) regulations (301
CMR Section 11.03).
2.
Development plans shall maximize the convenience and safety of vehicular
and pedestrian movements within the subject site in relation to a
stadium, Route 1, interior access roads (existing or proposed) and
adjacent ways. Impacts on abutting residences shall be limited to
the maximum extent feasible.
3.
The use of common driveways (limiting curb cut openings onto Route
1) is encouraged. To the extent feasible, these driveways and access
roads shall conform to the construction standards found in the Foxborough
Subdivision Regulations.
4.
To the extent feasible, except with respect to the access way through
residential districts allowed under Section 9.5.5.3 of these bylaws,
sidewalks, crosswalks and other pedestrian amenities shall be incorporated
into street and access drive designs. In connection with the development
of a stadium and accessory uses thereto, the widths of such sidewalks,
crosswalks and other pedestrian amenities should reflect their proximity
to such stadium, and expected use by stadium patrons. To the extent
feasible, sidewalks should be separated from vehicle travel/breakdown
lanes and access roads by distance, grade changes or other physical
impediments.
5.
Any access way through a residential district that is allowed pursuant
to Section 9.5.5.3 of these bylaws shall be subject to limitations
pursuant to site plan approval by the Planning Board, for the purpose
of protecting residences from excessive impacts arising from traffic
on said access way, based on the following criteria:
a.
Time of use of said access way may be limited to further the
foregoing purpose, provided that such limitations allow for the use
of said access way during the hours before and after permitted events
during which attendees typically enter and exit a stadium for an event.
b.
Number of vehicles using said access way may be limited to further
the foregoing purpose; provided, however, that not less than 1,400
vehicles per permitted event shall be allowed.
c.
Types of vehicles using said access way may be limited such
as to prohibit commercial truck traffic to further the foregoing purposes.
d.
Signage along said access way in areas abutting residential
neighborhoods may be limited to further the foregoing purpose.
e.
Lighting for said access way in areas abutting residential neighborhoods
may be limited to further the foregoing purpose.
f.
Width of said access way may be limited to further the foregoing
purpose; provided, however, that such width shall not be less than
is reasonably necessary to insure vehicle access to permitted events
and to insure that, simultaneously therewith, emergency vehicles will
have sufficient access on said accessway.
9.5.11.
Stadium. The standards and requirements set forth in Section
9.1 of these bylaws and this Section 9.5 shall govern the site plan
review process, provided that in connection with the development of
a stadium and stadium-related uses, the Planning Board shall not require
a deposit of money or an irrevocable letter of credit to secure conditions
of approval where the Planning Board receives as security a surety
bond, executed escrow agreement, executed retainage agreement or other
similar agreement.
9.6.1.
Purpose. It is the purpose of this section:
1.
To permit the implementation of the Reuse Consensus Plan for Foxborough
State Hospital Property dated April 20, 1994, amended September 5,
2002. This will permit the total construction of 152 total residential
units in the CPOD.
2.
To permit maximum flexibility and creativity in design for the development
of single or multi-purpose uses on a lot, in a way that will be superior
to conventional plans.
3.
To promote the most harmonious use of the land's natural features,
resources and topography that will promote the general health and
safety of the public.
4.
To discourage sprawled development, minimize environmental disruption,
and provide a shorter network of streets and utilities, which will
promote a more efficient distribution of services.
5.
To provide for an innovative approach to mixing building types and
controlling densities.
9.6.2.
Overlay district. The Chestnut-Payson Overlay District (CPOD)
is established as an overlay district encompassing the area more particularly
delineated on the plan entitled "Chestnut-Payson Overlay District
(CPOD) Plan in Foxborough, MA" prepared by Bay Colony Group, dated
October, 2002. The parcels are labeled on the plan as parcels E-3,
F-1, F2-A, F2-B, H, and I. This map shall be considered as superimposed
over other districts established by these bylaws. The map, as it may
be amended from time to time, is on file with the office of the Town
Clerk and with the Building Commissioner and, together with any explanatory
material thereon, is hereby incorporated in and made part of these
bylaws.
9.6.3.
Special permit. A special permit may be granted by the Planning
Board to allow for single or multipurpose integrated commercial and/or
residential uses on a lot in the CPOD. This special permit is not
limited to an individual lot, but one application may be submitted
and reviewed for a single special permit for multiple lots, provided
that such lots are under single ownership or if it can be demonstrated
that all owners within the CPOD have agreed to join in the application
for a special permit.
9.6.4.
Uses allowed and not allowed in the CPOD. All uses allowed in
the underlying zoning district shall be allowed for those parcels
in the CPOD, unless amended by this Section 9.6. The following uses
which may be permitted within the underlying zoning district are not
permitted within the CPOD:
1.
Temporary parking lots, whether paved or unpaved, serving uses with
seating capacities of over 7,500 people within the Special Use Zoning
District.
2.
Mobile homes/travel trailers.
3.
Cemeteries.
4.
Seasonal migrant workers quarters, mobile home or watchman's quarters
as accessory uses to be permitted industrial uses.
5.
Outdoor storage or overnight parking of buses, trucks or other vehicles
whose gross vehicle weight (GVW), as determined by the Mass. Registry
of Motor Vehicles, equals or exceeds 10,000 pounds.
9.6.5.
Uses allowed by special permit. The following additional uses
not specified in Table 3-1 shall be allowed by special permit in the
CPOD if the use is not allowed in the underlying zoning district.
Also, if the following uses, as specified in Table 3-1, are not permitted
in the underlying zoning district, they too shall be allowed by special
permit in the CPOD:
1.
Attached single-family housing.
2.
Assisted living facilities.
3.
Open space residential developments.
4.
Sewage treatment plants and sewage treatment facilities.
5.
Water tanks and towers, emergency generators, water filtration plants,
utility facilities, power plants and substations.
6.
Parking lots constructed to the standards set forth in Section 6.1
of these bylaws.
7.
Retail establishments and restaurants with seating. Sale of high-hazard
materials or products shall be governed by the provisions noted in
Table 3-1.
[Amended 5-13-2019 ATM
by Art. 20]
8.
[1]All land and buildings that are used for the transaction
of business, for the rendering of professional or tradesman services,
or for other services that involve stocks of goods, wares, or merchandise
in limited quantities for use incidental to office uses or similar
purposes.
[1]
Editor’s Note: Former Subsection 9.6.5, Paragraph 8,
which allowed mercantile/retail uses except restaurants with seating,
was repealed 5-13-2019 ATM by Art. 20. Article 20 also renumbered
former Paragraphs 9 through 26 as Paragraphs 8 through 25, respectively.
9.
Research and development facilities.
10.
Laundry or dry-cleaning facilities.
11.
Theaters.
12.
Museums, with or without an auditorium, in which persons assemble
for amusement, entertainment or recreation and incidental motion picture,
dramatic or educational presentations, lectures or similar purposes.
13.
Private schools.
14.
All land and buildings for housing people suffering from physical
limitations, including, among others, hospitals, sanitariums, infirmaries,
orphanages, and institutions licensed by the Commonwealth of Massachusetts.
15.
Dormitories.
16.
Multifamily dwellings.
17.
Public utility facilities and structures necessary to the service
of the Town, excluding storage yards, power plants, water filter plants,
sewage treatment and refuse facilities.
18.
Telecommunications/Wireless communications facilities (see Section
7.2) as an accessory use.
19.
Commuter rail stations, bus stations, and related or accessory
structures and improvements.
20.
Passive outdoor recreational uses such as beaches, parks, picnic
groves, and other similar uses, but not including amusement parks.
21.
Low-density recreational uses that predominantly occur within
a building such as swimming, tennis, skating and other similar uses.
22.
Outdoor recreational uses, including golf driving ranges, miniature
golf courses, batting cages, go-carts and bumper boats (except in
the Water Resource Protection Overlay District, where such uses shall
be prohibited), but not including amusement parks.
23.
Accessory uses to multifamily dwellings which are located within
the principal building and are limited to: eating establishments;
personal service establishments; retail sales establishments selling
convenience merchandise.
24.
Accessory structures to multifamily structures.
25.
Nonresidential accessory uses and structures that do not exceed
15% of the gross area of the principal building or buildings.
9.6.6.
Dimensional requirements. The requirements of Table 9-1 shall
apply:
Table 9-1
Dimensional Regulations for Chestnut-Payson District
[Amended 11-15-2021 STM by Art. 3] | |||||||||
---|---|---|---|---|---|---|---|---|---|
Use
|
Frontage
(feet)
|
Yards
(feet)
|
Building Height
(feet)
|
Maximum Lot Coverage
|
Minimum Lot Width
(feet)
| ||||
Front
|
Side
|
Rear
|
Distance from Street
|
Width
| |||||
Attached single-family housing
|
30
|
10
|
0
|
20
|
35
|
85%
|
0
|
0
| |
Multifamily housing (including dormitories)
|
200
|
20
|
20
|
20
|
40
|
85%
|
100
|
67
| |
Assisted living, age-restricted senior housing
|
200
|
20
|
20
|
20
|
40
|
85%
|
100
|
67
| |
Nonresidential (including hotel/motel)
|
200
|
15
|
0
|
20
|
40
|
85%
|
0
|
0
|
9.6.7.
Notes to table. These notes apply only to the specific uses
listed in Table 9-1.
1.
More than one dwelling structure may be located on a lot within the
CPOD.
2.
Attached single-family housing uses require the formation of a homeowners'
association or other provision for ongoing maintenance. Properties
must have side yards between groups of buildings.
3.
The Planning Board may approve reduced yards where either the clustering
of buildings is shown to reduce additional impervious surface and/or
if there is reuse of the existing buildings.
4.
Note 2 in Table 4-1 does not apply.
5.
For CPOD applications that include use of a substantial portion of
those buildings under the protection of the Massachusetts Historical
Commission (particularly the Main Building wings A-E), there is a
density bonus of 30%, applicable to all residential uses within the
CPOD.
6.
Height restrictions shall apply to any newly constructed building
in the CPOD. For CPOD applications that include use of those building
under the protection of the Massachusetts Historical Commission, newly
constructed buildings within the CPOD shall not exceed 42 feet in
height. For CPOD applications that include use of those building under
the protection of the Massachusetts Historical Commission, newly constructed
buildings within the CPOD shall be no more than three stories, not
to exceed 42 feet.
[Amended 11-15-2021 STM by Art. 3]
7.
Maximum lot coverage for nonresidential uses in the CPOD shall be
85%.
8.
Those dimensional restrictions established in Table 4-2 that are
imposed when a nonresidential use abuts a residential district do
not apply to the CPOD.
9.
The provisions of Sections 6.4.4 and 6.4.5 of these bylaws shall
not apply to uses within the CPOD as there is no required side yard
setback and in certain cases only a ten-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 CPOD.
10.
The Planning Board may allow for common driveways within the
CPOD.
11.
For side yards, a setback of 20 feet will be required between
buildings in the CPOD and existing residential developments in adjoining
districts.
12.
Maximum residential density shall be as follows:
a.
Attached single-family housing: three dwelling units per 32,250
square feet of lot area; additional dwelling units shall require 6,125
square feet lot area each.
b.
Multifamily housing, including dormitories: three dwelling units
per 32,250 square feet of lot area; additional dwelling units shall
require 6,125 square feet lot area each.
c.
Assisted living, age-restricted senior housing: seven dwelling
units per acre.
9.6.8.
Parking. The Planning Board shall review the adequacy of parking
to be provided using the following design criteria:
1.
Parking requirements as set forth in Section 6.1 of these bylaws,
except that assisted living facilities shall require one space per
four dwelling units.
2.
The off-street parking requirements set forth above and in Table
6-1 may be reduced by up to 25% at the discretion of the Planning
Board through the special permit process. The Board shall review and
consider the request in accordance with Section 6.1.6 of these bylaws.
9.6.9.
Site and building design requirements. Applications for a special
permit in the CPOD shall meet the requirements as set forth in Section
6.5 of these bylaws.
9.6.10.
Application. The Planning Board shall act as the special permit
granting authority. Applications for special permits for the CPOD
shall be made in accordance with Section 10.4 of these bylaws. All
applications shall contain all of the information noted herein. The
applicant is encouraged to meet with the Director of Land Use and
Economic Development or the designee thereof informally prior to submittal.
The application shall include the following:
[Amended 5-8-2023 ATM by Art.
15]
1.
The completed application form and the applicable fee to address
the administrative, advertising and review costs of the Town.
2.
Ten copies of the application package and plans.
3.
Site information as required below.
4.
A certified list of abutters within 100 feet of the property line.
5.
Applications for a special permit in the CPOD shall meet the requirements
set forth in Section 10.4 of these bylaws. In addition, the applicant
shall submit the following:
a.
Statement of development concept, including the planning objectives
and the character of the development to be achieved through the CPOD.
b.
Development schedule indicating the date when construction of
the CPOD would commence and expected completion, including and proposed
phasing of development.
c.
Statement of how utilities and other infrastructure will be
provided, including design standards.
d.
Impacts of, mitigation for and benefits from the CPOD.
e.
Public access and recreation opportunities resulting from the
CPOD.
9.6.11.
Criteria for review. Prior to granting a special permit, the
Planning Board shall make a determination that the proposed activity
is consistent with the general purposes of these bylaws as set forth
in Section 9.6.1. The Planning Board shall also make a determination
that the benefits of the proposed development will outweigh any adverse
effects of the CPOD on the Town. The Planning Board's determination
shall include review of the following:
1.
Quality of site design to enhance the area, including integration
of a variety of land uses, building types and densities, and preservation
of natural features.
2.
Compatibility with adjacent land uses, including a determination
that the proposed development will not have a demonstrable adverse
impact on the surrounding area resulting from excessive noise, level
of illumination, glare, dust, smoke or vibration that is higher than
levels now experienced from uses permitted in the surrounding area;
emission or discharge of noxious or hazardous materials or substances;
pollution of waterways or groundwater; or transmission of signals
that interfere with radio or television reception.
3.
Compatibility with existing historic features, including minimization
of the removal or substantial alteration of buildings of historic
or architectural significance and new uses or the construction of
new buildings that are compatible with buildings or places of historic
or architectural significance.
4.
Traffic flow and safety, particularly with respect to circulation
patterns for motor vehicles and pedestrians that would result from
the proposed development and that will not result in conditions that
unnecessarily add substantially to traffic congestion or the potential
for traffic accidents on the site or in the surrounding area.
5.
Adequacy of utilities and other infrastructure (such as the sanitary
sewer system, the storm drainage system, the public water supply,
the street system for vehicular traffic, and the sidewalks and footpaths
for pedestrian traffic), including a determination that the development
will not create impacts on the public services and facilities serving
the development that cannot be accommodated by such services and facilities,
or, where there is insufficient capacity in such services and facilities,
improvements will be made to provide sufficient capacity.
9.6.12.
Peer review. The Planning Board may require the use of a consultant(s)
to assist in its review of the special permit application. This shall
be at the expense of the applicant, in accordance with applicable
rules and regulations. The applicant's refusal to fund this effort
shall be considered cause for denial.
9.6.13.
Conditions for approval. In addition to the conditions, standards
and criteria as may be set forth in Section 10.4 of these bylaws,
the Planning Board may impose additional conditions and limitations,
as it deems necessary to ensure that the granting of a special permit
is consistent with the general purposes of these bylaws, including,
but not limited to:
1.
Regulation of the number, design and location of access drives or
other traffic features of the proposed use;
2.
Limitations on the number, location, type and size of signs or illumination
or modification of the design features thereof; limitations on construction
activities, such as, but not limited to, the hours during which construction
activity may take place, the movement of trucks or heavy equipment
on or off the site, measures to control dirt, dust, erosion, and measures
to protect existing vegetation on the site; requirements for independent
monitoring, at the expense of the applicant, and reporting to the
Building Commissioner, if necessary to ensure continuing compliance
with the conditions of a special permit or these bylaws;
3.
Limitations on the period of time this special permit shall be in
effect;
4.
Such other limitations as may be reasonably related to reducing undue
adverse impact on the surrounding area.
9.6.14.
Revisions to an approved site plan.
1.
The owner or lessee of the site, the Building Commissioner, or the
Planning Board may initiate a petition to change or modify a site
plan approval within a CPOD after construction has been initiated.
This may occur in the event of unforeseen site characteristics, infrastructure
problems or other unexpected circumstances. All changes shall be reviewed
and discussed by the Planning Board at a regularly scheduled meeting
prior to completion of such on the landscape. Changes or modifications
shall only be authorized in writing.
2.
Changes or modifications may be allowed for an approved site plan
where construction has not commenced only after review during a regularly
scheduled meeting and written approval of the Planning Board.
3.
The Planning Board reserves the right to require a new hearing at
the expense of the applicant if it determines that a proposed change
or modification is significant.
9.6.15.
Decision. The site plan shall be approved and the special permit
shall be granted, provided that all requirements of these bylaws are
fulfilled. Approval will not relieve the applicant of the responsibility
of obtaining other required approvals from local, state or federal
agencies.
[Added 5-12-2014 ATM by
Art. 33]
9.7.1.
Vision
and purpose. Foxborough Center is recognized as the heart of the Town.
Anchored by the Common, the Center is a walkable, mixed-use area that
fulfills many of the community's governmental, spiritual, service,
residential, and social needs. The purpose of this overlay is to:
1.
Promote
development or redevelopment of a mix of nonresidential and residential
uses in downtown Foxborough.
2.
Encourage
a mix of uses on a lot or in a building that are appropriate to the
needs of the community and the scale of surrounding neighborhoods.
3.
Promote
an active pedestrian environment and innovative approaches to parking.
4.
Provide
opportunities for housing, employment and/or shopping in close proximity
to residents, municipal facilities and other services.
5.
Maintain
a consistently high level of design quality throughout the district.
6.
Preserve
the historic character of the Center and promote compatible development.
9.7.2.
Overlay
district. The Foxborough Center Overlay District (FCOD) is established
as an overlay district encompassing the area more particularly delineated
on the plan entitled "Foxborough Center Overlay District (FCOD) Plan
in Foxborough, MA," prepared by Metropolitan Area Planning Council,
dated May 29, 2013. This map shall be considered as superimposed over
other districts established by these bylaws. The map, as it may be
amended from time to time, is on file with the office of the Town
Clerk and with the Building Commissioner and, together with any explanatory
material thereon, is hereby incorporated in and made part of these
bylaws.
9.7.3.
Relationship
to existing zoning and other regulations. The FCOD Bylaw shall not
restrict the rights of any owner who elects to utilize the existing
underlying zoning district regulations to develop or redevelop land.
If an owner elects to utilize the FCOD to develop or redevelop land,
the project shall conform to all applicable requirements of this bylaw,
including any regulations or guidelines that may be adopted to support
this bylaw.
In the FCOD, all requirements of the underlying district(s)
shall remain in effect except where these regulations supersede or
provide an alternative to such requirements.
If the provisions of this bylaw are in conflict with any other
section of the Foxborough Zoning Bylaw, the regulations of the FCOD
shall govern.
9.7.4.
Pre-application
process. Prior to submitting a building application for a project
in the FCOD, the applicant shall meet with the Director of Land Use
and Economic Development or the designee thereof to address issues
and respond to questions concerning such application in order to facilitate
the Planning Board's review of such matter.
[Amended 5-8-2023 ATM by Art. 15]
9.7.5.
Use
provisions.[1]
[Amended 5-8-2023 ATM by Art. 15]
1.
Permitted
uses. The following uses are permitted uses, allowed by right for
any project developed within the FCOD. The projects are subject to
any performance standards, Section 6.5; site plan review requirements
pursuant to Section 10.5; and design review pursuant to Section 9.2.
[Amended 5-13-2019 ATM
by Art. 20; 11-15-2021 STM by Art. 3]
C.
|
Retail Uses
| |
1.
|
Retail establishment
| |
2.
|
Restaurant
| |
3.
|
Mercantile/Retail uses, except restaurants with seating which
use more than 25% of the gross area of a building
|
D.
|
Business, Service, or Office
| |
1.
|
All land and buildings which are used for the transaction of
business, for the rendering of professional or tradesman services
or for the other services that involve stocks of goods, wares, or
merchandise in limited quantities for use incidental to business office
uses or similar purposes, except for other uses specified in this
Use Group D
| |
3.
|
Laundry or dry-cleaning facilities—drop-off only, no on-premises
facilities
| |
5.
|
Funeral establishments
|
E.
|
Assembly
| |
1.
|
Theaters
| |
4.
|
Museums, with or without an auditorium in which persons assemble
for amusement, entertainment or recreation, and incidental motion
picture, dramatic or educational presentations, lectures or similar
purposes
| |
5.
|
Use of land or structures for religious purposes
| |
8.
|
Use of land or structures for educational purposes on land owned
or leased by the commonwealth or any of its agencies, subdivisions
or bodies politic or by a religious sect or denomination, or by a
nonprofit educational corporation
| |
9.
|
Child-care center
|
G.
|
Residential
| |
Mixed use: up to 3 dwelling units in a mixed-use project; over
3 dwelling units by special permit from the Planning Board
| ||
5.
|
Two-family dwelling
| |
6.
|
Single-family dwellings
| |
11.
|
Accessory apartment
| |
13.
|
Bed-and-breakfast
|
H.
|
Agricultural Uses
| |
---|---|---|
1.
|
Use of land for the primary purpose of agriculture, horticulture,
floriculture or viticulture on a parcel of more than five acres in
area
|
I.
|
Public and Quasi-Public Facilities
| |
2.
|
Essential services
| |
3.
|
Municipal facilities and structures necessary to the service
of the Town, excluding storage yards, power plants, water, filter
plants, sewage treatment plants and refuse facilities.
| |
7.
|
Municipal recreation facility
|
L.
|
Accessory Uses
| |
3.
|
Residential accessory uses and structures. Residential storage
structures shall not exceed 400 square feet of gross area or 21 feet
in height; the gross area of temporary wayside stands shall not exceed
400 square feet
| |
4.
|
Residential garages that do not exceed 21 feet in height and
have a footprint that does not exceed 625 square feet
| |
7.
|
Accessory uses to multifamily dwellings which are located within
the principal building and are limited to eating establishments, personal
service establishments; retail sales establishments selling convenience
merchandise
| |
10.
|
Home occupation, intensive
| |
11.
|
Home occupation, nonintensive
|
2.
Uses
not permitted in the FCOD. For developments proposed to utilize the
optional overlay, the following uses permitted within the underlying
zoning district(s) are not permitted:
C.6
|
Commercial storage garages/motor vehicle repair shops
| |
D.3
|
Laundry and dry cleaning (commercial facility)
| |
L.2
|
Seasonal worker housing as accessory use
| |
L.13
|
Keeping of livestock on 2+ acres
| |
M.3
|
Excess parking spaces
|
The following uses, authorized by grant of a special permit
in the underlying zoning district(s), are not permitted in any development
utilizing the overlay:
| ||
A.3
|
Motor vehicle fuel facility (BA)
| |
B.4
|
Temporary parking lots (PB)
| |
D.2
|
Research and development (PB)
| |
D.8
|
Truck terminal/public warehouse (PB)
| |
D.9
|
Automobile storage or auction facility (PB)
| |
F.1
|
Hospitals, sanitariums, orphanages (BA)
| |
G.3
|
Dormitories (BA)
| |
I.4
|
Telecommunications (BA)
| |
J.7
|
Wellness and recreation center (PB)
| |
L.1
|
Accessory storage of waste materials (BA)
| |
L.12
|
Keeping of livestock on less than 2 acres (BA)
| |
L.15
|
Drive-through facility (PB)
|
3.
Uses
allowed by special permit. The following uses may be authorized by
grant of a special permit from either the Planning Board or the Board
of Appeals, as noted below:
Mixed-use project with more than 3 dwelling units (Planning
Board)
| ||
C.11
|
Brew pub (Planning Board)
| |
E.2
|
Night clubs, dance halls (Planning Board)
| |
L.9
|
Nonresidential accessory uses and structures which do not exceed
15% of the gross area of the principal building or buildings (Board
of Appeals)
|
[1]
Editor's Note: See Table 3-1, Table of Uses.
9.7.6.
Dimensional
requirements. The following dimensional requirements shall apply in
the FCOD:
[Amended 11-15-2021 STM by Art. 3]
Table 9-2
Dimensional Regulations for Foxborough Center
Overlay District (FCOD)
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Use
|
Area
(square feet)
|
Frontage
(feet)
|
Yards
(feet)
|
Building Height
(feet)
|
Minimum Lot Width
(feet)
| ||||
Front
|
Side
|
Rear
|
Distance from Street
|
Width
| |||||
All
|
20
|
10
|
10
|
10
|
40
|
0
|
0
|
9.7.7.
Notes
to Dimensional Regulation Table.
1.
The
Planning Board, by grant of a special permit, may vary any of the
above dimensional requirements. Subject to the provisions of Section
4.4.2., no principal structure in the FCOD may be constructed to a
height in excess of 60 feet.
[Amended 11-15-2021 STM by Art. 3]
2.
When
any yard (front, side, rear) of a multifamily or nonresidential structure
abuts a single- or two-family home, site plan review will include
specific review of all proposed landscaping in order to provide a
year-round visual buffer between uses.
9.7.8.
Parking.
Parking requirements: Within the FCOD, the following parking requirements
apply. Parking shall not be allowed within the front or side yard
dimensional setbacks.
[Amended 5-13-2019 ATM
by Art. 20]
Use
|
Minimum Parking Spaces
|
Maximum Parking Spaces
| |
Studio/1-bedroom
|
1 per unit
|
1 per unit
| |
All other residential units
|
1.5 per unit
|
2 per unit
| |
Retail establishments and service establishments
|
1 space for each 300 square feet of gross floor area on the
first floor of a building, and 1 space for each 500 square feet of
gross floor area thereafter for all floors used for office retail
or service businesses, excluding basement storage area
|
1 space for each 250 square feet of gross floor area on the
first floor of a building, and 1 space for each 400 square feet of
gross floor area thereafter for all floors used for office retail
or service businesses, excluding basement storage area
| |
Mixed uses
|
See Section 6.1.5, Notes to Table 6.1 Off-Street Parking Requirements
|
Spaces required will be the sum of the requirements of the various
individual uses
| |
All other uses
|
See Table 6.1
|
9.7.10.
Shared on-site parking for mixed-use development.
1.
Noncompeting
uses. In mixed-use developments, applicants may propose a reduction
in parking requirements based on an analysis of peak demands for noncompeting
uses. Up to 50% of the requirements for the predominant use may be
waived by the Planning Board if the applicant can demonstrate that
the peak demands for two uses do not overlap.
2.
Competing
uses. In mixed-use developments, applicants may propose a reduction
in parking requirements where peak demands do overlap. In these cases,
the Planning Board may reduce the parking requirements of the predominant
use by up to 30%.
9.7.11.
Criteria for review. Projects developed utilizing the Foxborough
Center Overlay District are subject to the review provisions of the
Foxborough Zoning Bylaw Section 6.5, Performance standards; Section
10.5, Site plan review; and Section 9.2, Design Review Overlay District.
In addition, the Planning Board shall ensure that the following
criteria are met during any special permit or site plan review:
1.
Context:
To ensure development that is in harmony (or contextual) with Foxborough
Center, the standards of the Design Review Overlay District (Section
9.2.5) for proportions, roof design, scale of structure, facades,
etc. should be addressed. Proposed development should be consistent
with the Town Master Plan.
2.
Entrances:
a.
For visibility and accessibility, all primary commercial building
entrances shall be visible from the right-of-way and the sidewalk,
and shall have an entrance directly accessible from the sidewalk.
b.
Where parking is located to the rear of a building, any rear entrance
is to be visible and accessible from the parking lot. Directional
signage to the building entrance(s) shall be installed. All entrances
are to have sufficient illumination at night time.
3.
External
materials and appearance:
a.
External building treatments shall relate to and be in harmony with
surrounding structures.
b.
Predominant wall materials shall have the appearance of wood, brick
or stone.
c.
Except for minor trim, the building shall avoid the appearance of
reflective materials such as porcelain enamel or sheet metal. Window
panes shall be nonreflective.
d.
Ground floor commercial building facades facing streets shall contain
transparent windows encompassing a minimum of 35% of the facade surface.
4.
Vehicle
and bicycle parking:
a.
Parking areas shall be located behind or beside buildings wherever
possible.
b.
Bicycle parking shall be provided for all new developments.
c.
Any property owner required to have bicycle parking may elect to
establish a shared bicycle parking facility with any other property
owner within the same block to meet these requirements.
5.
Sustainable
building design: It is desirable that new buildings incorporate green
building techniques (such as those developed by the U.S. Green Building
Council) to the maximum extent feasible.
6.
Historic
structures, as designated by the Foxborough Historic Commission:
a.
Wherever possible, existing historic structures on the site shall
be preserved and renovated for use as part of the development.
b.
Any alteration of or addition to an existing historic structure shall
employ materials, colors and textures as well as massing, size, scale
and architectural features that are compatible with the original structure.
Distinctive features, finishes, and construction techniques or examples
of craftsmanship that characterize an historic property shall be preserved.
Awnings and canopies shall be compatible with the architectural style
of the building.