Words used in the present tense include the future; words used
in the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular.
Where terms are not defined, they shall have their ordinarily
accepted meanings or such as these bylaws may imply.
The determination of definitions in question shall lie with
the Board of Appeals.
For any terms not defined herein, the definition as found in
Webster's Unabridged Dictionary, most recent edition, or as found
in the State Building Code of Massachusetts shall be used.
Unless otherwise expressly stated, the terms listed herein shall,
for the purpose of these bylaws, have the meanings indicated.
A separate dwelling unit not exceeding 850 square feet in
area within an existing detached single-family residence for a family
member of the homeowner.
[Amended 11-17-2014 STM
by Art. 5]
A structure customarily incidental and subordinate to the
principal structure that is located on the same lot as the principal
structure, except any structure(s) for any agricultural use.
Accessory uses as permitted by these bylaws are set forth
in Section 3.0. An accessory use is one that: is clearly subordinate
to, customarily found in association with, and incidental to a principal
use; and is located on the same lot as the principal use, except any
accessory use for any agricultural purpose.
A social day care or adult day health facility as those terms
are defined by the Massachusetts Department of Elder Affairs.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale but
not for resale, tobacco products and tobacco paraphernalia, in which
the sale of other products or offer of services is merely incidental,
and in which the entry of persons under the minimum legal sales age
is prohibited at all times, and which maintains a valid permit for
the retail sale of tobacco products as required by the Foxborough
Board of Health.
[Added 5-13-2019 ATM
by Art. 26]
An establishment, a building or portion thereof, or a use
of land having a substantial or significant portion of its business
activity, stock-in-trade, or other materials for sale, rent, distribution,
or exhibition, which are distinguished or characterized by their emphasis
on depicting, describing, or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31. Examples of such
are listed below:
|
ADULT BOOKSTORE — An establishment having as a substantial
or significant portion of its stock-in-trade books, magazines or other
materials which are distinguished or characterized by their emphasis
depicting, describing or relating to sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
| ||
|
ADULT CLUB — An establishment having as a substantial
or significant portion of its activities or entertainment a person
or persons performing in a state of nudity or distinguished by an
emphasis on matter depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
| ||
|
ADULT ENTERTAINMENT ESTABLISHMENT — An establishment offering
activities or goods or providing services where employees, entertainers
or patrons are engaging in nudity, sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
| ||
|
ADULT MOTION-PICTURE THEATER — An establishment used for
presenting material distinguished by an emphasis on matter depicting,
describing, or relating to sexual conduct or sexual excitement as
defined in MGL c. 272, § 31.
| ||
|
ADULT PARAPHERNALIA STORE — An establishment having as
a substantial or significant portion of its stock devices, objects,
tools or toys which are distinguished or characterized by their association
with sexual activity, including sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
| ||
|
ADULT VIDEO STORE — An establishment having as a substantial
or significant portion of its stock-in-trade videos, movies or other
film materials which are distinguished or characterized by their emphasis
depicting, describing or relating to sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
| ||
|
SUBSTANTIAL OR SIGNIFICANT PORTION — This term as used
herein shall mean any of the following:
| ||
|
a.
|
Twenty percent or more of the business inventory or stock of
merchandise for sale, rental, distribution, or exhibition during any
period of time; or
| |
|
b.
|
Twenty percent or more of the annual number of gross sales,
rentals, or other business transactions; or
| |
|
c.
|
Twenty percent or more of the annual gross business revenue;
or
| |
|
d.
|
Twenty percent or more of the hours during which the establishment
is open.
| |
A housing development in which at least one resident of each
dwelling unit is 55 years or older, and other residents must be over
21 years of age but are permitted to be younger than 55 years of age.
The use of a tract of land not less than five acres in area
for agriculture, horticulture, floriculture, viticulture, nurseries,
orchards or greenhouses. The definition of agriculture shall include
the keeping of livestock on parcels of two acres or more.
A dwelling unit in either a two-family or multifamily dwelling.
An indoor recreation facility containing amusement or recreational
games such as video or electronic games that contains more than three
arcade machines.
Total floor area within a building.
The usable area (normally accessible to the public) of each
story within a building or portion thereof.
Development which may proceed without the need for a special
permit, variance, amendment, waiver, other discretionary approval,
or as provided by MGL c. 40A § 3. As-of-right development
is subject to site plan review and can be reasonably regulated by
the Building Commissioner.
[Added 12-5-2011 STM by
Art. 7]
A structure or structures containing dwelling units for persons
in need of assistance with activities of daily living, as defined
and regulated by MGL Chapter 19D.
The construction of houses that share a common side wall.
The wall may or may not be the property line of the unit. These attached
single-family houses may be allowed to be constructed on their own
parcel of land with a front and rear yard or may be developed with
the land around the unit being owned and maintained by a homeowners'
or condominium association. These units are commonly referred to as
"townhouses."
Any area, lot, land, parcel, building, structure, establishment,
place of business or part thereof that is maintained, operated or
used for the storage, collection, processing, purchase, sale or abandonment
of wrecked, scrapped, ruined, dismantled or inoperable motor vehicles
or motor vehicle parts. Any such area, lot, land, parcel, building,
structure, establishment or place of business that includes wrecked,
scrapped, ruined, dismantled or inoperable motor vehicles or motor
vehicle parts as well as other items of junk shall be deemed a junkyard.
[Added 5-8-2023 ATM by
Art. 13]
A portion of the building partially underground, but having
less than half its clear height below the mean grade of perimeter
walls of the building.
[Amended 11-15-2021 STM by Art. 3]
The State Building Code of the Commonwealth of Massachusetts,
as amended.
Accommodations with not more than four bedrooms occupied
by bed-and-breakfast guests in which the owner of the establishment
resides. Bed-and-breakfast establishments are intended for guests
on intermittent visits, and shall not be used as long-term rental
units or apartments. All parking for residents and guests shall be
off-street.
Those institutions of government appointed or elected in
the Town of Foxborough.
An establishment wherein the primary use is a restaurant
that specializes in producing craft beers and other craft malt beverages
in limited quantities for on-site retail sale to restaurant patrons.
Ancillary uses may include the production of fermented liquors such
as wine and hard ciders and the distillation of spiritous liquors,
each of the foregoing in limited quantities for on-site retail sale
to restaurant patrons (provided that the aggregate area devoted to
any such production and distillation does not exceed 15% of the gross
floor area of the establishment), tastings and tours, and the retail
and wholesale sales of their products and related goods, all of which
are subject to all applicable statutes of the commonwealth.
[Added 5-12-2014 ATM by
Art. 33; amended 10-1-2018 STM by Art. 4; 11-15-2021 STM by Art. 4]
That area of a lot within which a building can be erected
and framed of a combination of any materials, whether portable or
fixed, having a roof, to form a structure for the shelter of persons,
animals or property. For the purpose of this definition, "roof" shall
include an awning or any similar covering, whether or not permanent
in nature. The word "building" shall be construed where the context
required as though followed by the words "or part or parts thereof"
(also see the term "structure").
The officer or other designated authority of the Town charged
with the administration and enforcement of the Basic Code and enforcement
of these bylaws.
A building, or part thereof, for the transaction of business
or the provision of services exclusive of the receipt, sale, storage,
or processing of merchandise.
Buildings, structures and premises used by a nonprofit social
or civic organization, or by an organization catering exclusively
to members and their guests for social, civic, recreational, or athletic
purposes which are not conducted primarily for gain, and provided
there are no vending stands, merchandising, or commercial activities
except as may be required generally for the membership and purposes
of such organization.
A facility located on a lot that is not less than 75 acres
in area and that is used by transient campers in a unit that is a
portable structure, shelter or vehicle designed and intended for occupancy
by persons engaged in camping activities or such recreational and
non-recreational vehicle activities that are common to a campground
or recreational vehicle park. The facility may include accessory uses
that are intended for the use and convenience of the users of the
campground and that customarily are accessory to the operation of
a commercial campground, such as recreation fields and halls, swimming
and shower facilities, convenience stores, food services, and spas.
The facility also may include buildings that are owned by the owner(s)
of the campground and that are used for functions and events such
as weddings, family reunions, and business and educational conferences,
whether used by the facility's campers or by non-camping patrons.
No such facility shall include mobile homes.
[Amended 12-5-2016 STM by Art. 4]
The portion of the building partially underground, having
half or more than half of its clear height below the mean grade of
the perimeter walls of the building (also see the term "basement").
A facility as defined by MGL c. 15D, § 1A.
A parcel of land utilized by a contractor for the storage
of building supplies, and storage and/or maintenance of trucks and
other equipment.
A building, or portion thereof, where group sleeping accommodations
are provided, with or without meals, for persons not members of the
same family group, in one room, or in a series of closely related
rooms under joint occupancy and single management, as in school or
farm dormitories.
Restaurants which promote the consumption of food or beverages
in vehicles parked on the premises.
The use of land, buildings, or structures, or parts thereof,
to provide or dispense products or services, either wholly or in part,
through an attendant or window or automated machine, to persons remaining
in motorized vehicles that are in a designated stacking lane. A drive-through
facility may be permitted only as an accessory use, i.e., in combination
with other uses such as a bank or financial institution, restaurant,
retail store, dry cleaners, laundry, or pharmacy. Despite the above,
a drive-through facility does not include a vehicle washing facility,
a vacuum cleaning station accessory to a vehicle washing facility,
or an automobile/gasoline service station.
|
TWO-FAMILY — A building containing two dwelling units
with not more than three lodgers or boarders per unit.
| |
|
MULTIFAMILY — A building, or portion thereof containing
three or more dwelling units.
| |
|
DWELLING UNIT — One or more rooms arranged for the use
of one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities.
|
Educational facilities not exempted from regulation by MGL
c. 40A, § 3.
Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance
of public utility facilities and structures necessary to the service
of the Town, excluding storage yards, power plants, water filter plants,
wireless communications facilities, sewage treatment and refuse facilities.
Included are facilities which supply, transmit, distribute, or collect
gas, electricity, steam, water, sewer, and communications, whether
underground or overhead. Facilities necessary for the provision of
essential services include, but are not limited to, poles, wires,
drains, sewers, pipes, pump stations, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar
equipment in connection therewith.
Any private residence operating a facility as defined in
MGL c. 15D, § 1A.
The sale of farm produce, including poultry, on a parcel
of land which is not being used for agricultural purposes and which
is less than five acres in area. A majority of such products for sale
shall be grown or raised on the land on which the facility is located.
No slaughtering of livestock other than poultry shall be allowed.
That distance along a lot line which abuts a street or streets.
Access shall only be through or across this legal frontage. The frontage
distance shall be contiguous. The required frontage for a corner lot
shall be provided on only one street. Frontage shall be calculated
from the intersection of the side yard to the center of the curve
radius along a straight line.
Facility for the conducting of funerals and related activities
such as embalming.
The interior space of a dwelling unit designed, intended
or adapted to be used for sleeping, eating, food preparation and other
living activities, including, without limitation, bathrooms, bedrooms,
dens and recreation rooms, dining rooms, kitchens, and other rooms
that are finished and have ceilings the height of which are the minimum
permitted by the Massachusetts State Building Code. Habitable floor
area does not include the space of unfinished attics and basements,
balconies, closets, crawl spaces, decks, garages and carports, unfinished
porches, stairs and stairwells, storage areas, utility rooms and similar
spaces that are not used for sleeping, eating, food preparation and
other living activities.
[Added 11-15-2021 STM by Art. 5]
The vertical distance to the highest point of the roof above
the mean grade of the ground immediately adjoining the building. The
highest point shall not include parapets or cornices extending no
more than five feet above their intersection with the roof, spires,
cupolas, elevator head-houses, water tanks, chimneys, ventilators,
pipes and similar apparatus not devoted to human occupancy.
[Amended 11-17-2014 STM
by Art. 7]
Any gainful employment or occupation of one or more members
of the resident family that is clearly secondary or accessory to the
primary residential use of the principal dwelling. Intensive home
occupations include but are not limited to the following: work facilities
for artists and dressmakers, tailors and other similar uses; home
crafts, antique shops, beauty parlors, and other similar activities;
professional office facility, provided that no retail or wholesale
transactions are made on the premises; school of special needs education
whose class does not exceed four pupils at any time unless otherwise
exempt; dance studios or schools, musical instruction or other similar
activities. See Section 3.2.2 of these bylaws.
Any gainful employment or occupation of one or more members
of the resident family that is clearly secondary or accessory to the
primary residential use of the principal dwelling, as limited by Section
3.2.3 of these bylaws.
A building or buildings intended and designed for transient,
overnight or extended occupancy, divided into separate units within
the same building, with or without a public dining facility.
Alternative land development techniques that encourage higher
quality development, create improved living environments, preserve
unique site features, and provide services more efficiently.
[Added 11-4-2013 STM by
Art. 7]
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to, vehicles, tires, vehicle parts, machinery,
equipment, paper, rags, metal, glass, building materials, household
appliances, brush, wood, and lumber.
Any area, lot, land, parcel, building, structure, establishment,
place of business or part thereof that is maintained, operated or
used for the storage, collection, processing, purchase, sale or abandonment
of junk, or for the maintenance or operation of an auto graveyard.
[Amended 5-8-2023 ATM
by Art. 13]
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that commercial boarding or training kennel shall
not include an animal shelter or animal control facility, a pet shop
licensed under Section 39A of Chapter 129[1], a grooming facility operated solely for the purpose of
grooming and not for overnight boarding or an individual who temporarily,
and not in the normal course of business, boards or cares for animals
owned by others.
[Amended 11-4-2019 STM by Art. 10]
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided further, that selling, trading, bartering or distributing
such breeding from a personal kennel shall be to other breeders or
individuals by private sale only and not to wholesalers, brokers or
pet shops; provided further, that a personal kennel shall not sell,
trade, barter or distribute a dog not bred from its personally owned
dog; and provided further, that dogs temporarily housed at a personal
kennel, in conjunction with an animal shelter or rescue registered
with the department, may be sold, traded, bartered or distributed
if the transfer is not for profit.
[Added 11-4-2019 STM by Art. 10]
A veterinary hospital or clinic that boards dogs for reasons
in addition to medical treatment or care; provided, however, that
"veterinary kennel" shall not include a hospital or clinic used solely
to house dogs that have undergone veterinary treatment or observation
or will do so only for the period of time necessary to accomplish
that veterinary care.
[Added 11-4-2019 STM by Art. 10]
A parcel of land used for the storage and sale of landscape
and/or building materials, including but not limited to mulch, sand,
gravel, loam, stone, bricks, lumber, pipe, concrete, or other materials
used for landscape or building construction. These materials may be
stored indoors or outside.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC.
[Added 12-5-2011 STM by
Art. 7]
Any structure used for the lodging of more than three individuals
and where cooking or sanitary facilities may be provided.
An area of land in one ownership with definite plan and used
or set aside and available for use as the site of one or more structures
or for any other definitive purpose.
The horizontal area of a lot, not including any area in a
public or private street open for public use.
That percentage equal to the area of a lot covered by man-made
materials such as structures, asphalt and concrete divided by the
total lot area.
A line dividing one lot from another, or from a street.
A tract of land or building or structure developed for two
or more different uses, including residential, retail, business, service,
or office, assembly uses, and institutions.
[Added 5-12-2014 ATM by
Art. 33]
A dwelling unit built on a chassis and containing complete
electrical, plumbing and sanitary facilities and designed to be installed
on a temporary or permanent foundation for permanent living quarters.
Any structure whose primary purpose is the storage and sale
of petroleum products or other fuels for motor vehicles and/or where
minor repairs to motor vehicles are made within a structure.
A structure in which the general business of repairing motor
vehicles is conducted.
Facilities owned or operated by the Town of Foxborough and
used exclusively for municipal or other public purposes.
Land, including accessory structures, owned or operated by
the Town of Foxborough that is used for one or more of the following
uses: a golf course, riding stable, playgrounds, playing fields, fitness
trails, a swimming pool, volleyball, bocce, tennis or basketball court(s),
or other similar recreation facilities. No indoor or outdoor active
recreation area or parking for same shall be located any nearer the
lot line than the minimum building setback.
Any building with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
A solar photovoltaic installation that is structurally mounted
on the ground, is accessory, and is not roof-mounted. The power produced
is typically utilized primarily by uses in the immediate vicinity
and/or has less nameplate capacity than 250 kW DC.
[Added 12-5-2011 STM by
Art. 7]
A paved area, designed and constructed to the standards found
in Section 6.0 of these bylaws, the purpose of which is to provide
off-street, vehicular parking. Parking lots may be a primary or accessory
use of a parcel pursuant to Section 4.0, Table of Use Regulations.
As used in these bylaws, shall have the meaning as provided
in MGL c. 40A, § 11.
Every natural person or other legal entity.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
[Added 12-5-2011 STM by
Art. 7]
The demolition of a structure and the rebuilding of a new
structure on the same lot.
Research, experimentation and testing activities that are
conducted by a business establishment, college or university, laboratory
or research facility for the development of new products, ideas, procedures
and services, or the improvement of existing products, ideas, procedures
and services, predominantly in the fields of biotechnology, pharmaceuticals,
medical equipment, communication and information technology, electronics,
computer hardware and/or their substantial equivalents. Such term
does not include activities that are characterized as Biosafety Level
4 (BSL-4) by the National Institutes of Health. Activities that constitute
research and development may include the construction or development
of mock-ups and prototypes, but do not include the manufacture of
finished products except as may be incidental to the principal purposes
of such activities.
[Added 5-14-2018 ATM
by Art. 10]
A detached accessory structure to a single- or two-family
dwelling of which the primary purpose is to store motor vehicles.
No commercial activities shall occur within these structures unless
authorized by these bylaws.
A solar photovoltaic system located in the Residential and
Agricultural District (R-40) on a lot containing not less than 50
acres that is structurally mounted on the ground and is not roof-mounted,
has a minimum nameplate capacity of 2,000 kW DC, and the total acres
used for a solar photovoltaic system does not exceed 50% of the total
lot acres.
[Added 5-14-2018 ATM
by Art. 13]
A detached structure accessory to a single- or two-family
dwelling which does not exceed 200 square feet in gross area.
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building. Food and drink
may also be served and consumed outdoors on patios and sidewalks as
well as packaged for take-out orders. The term "restaurant" shall
not include "drive-in restaurant."
All lands and buildings that are used for display and sale
purposes involving stocks of goods, wares or merchandise incidental
to such purposes and accessible to the public, including, among others,
retail stores, shops, and salesrooms.
A commercial establishment that provides within a building
or group of buildings individual, self-contained units that are leased
to individuals, businesses or organizations for the self-service storage
of items of personal property and other nonhazardous durable goods.
The conduct or performance from an individual storage unit or other
area within a self-storage mini-warehouse of any business activity
other than providing storage space for the personal property and nonhazardous
goods of a business is prohibited.
[Added 5-8-2023 ATM by
Article. 12]
The horizontal distance measured at right angles from a lot
line to the closest portion of any building or structure, including
any porch, deck or terrace that is attached to such building or structure,
on that lot. The setback of a building or structure does not include
any unroofed deck, porch, stairs or terrace that provides access to
or egress from such building or structure.
[Added 5-8-2023 ATM by
Art. 13]
An arrangement of solar photovoltaic panels.[2]
[Added 12-5-2011 STM by
Art. 7]
A public way or way that the Town Clerk certifies is maintained
and used as a public way, or a way shown on a definitive plan, approved
and endorsed in accordance with the Subdivision Control Law, or a
way in existence when the Subdivision Control Law became effective
in the Town of Foxborough, which in the opinion of the Planning Board
has sufficient width, suitable grades, and adequate construction to
provide for the needs of vehicular traffic in relation to the proposed
use of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon.
A combination of materials assembled at a fixed location
to give support or shelter, and as further defined in the Basic Code.
The word "structure" shall be construed, where the context requires,
as though followed by the words "or part or parts thereof."
A commercial establishment whose principal business activity
in terms of operation or as held out to the public is the practice
of placing designs, letters, figures, symbols or other marks upon
or under the skin of any person by the use of needles or other instruments
that are designed to contact or puncture the skin with ink or other
substances that result in the permanent coloration of the human skin.
Tattoo parlors do not include beauty salons or cosmetology businesses
that provide permanent cosmetic services, or commercial establishments
that engage in the removal of tattoos by the use of lasers or that
engage in the business of microblading or other semi-permanent techniques
for enhancing the appearance of eyebrows by the means of scratching
pigment into the human skin.
[Added 5-8-2023 ATM by
Art. 13]
An area, whether paved or unpaved, which in the opinion of
the special permit granting authority is suitable for providing off-street,
vehicular parking. Temporary parking lots may be a primary or accessory
use of a parcel pursuant to Table 3-1.
A vehicular, portable structure built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
use. It shall not be designed to be installed on a permanent or temporary
foundation.[3]
A building or structure the primary function of which is
to provide for the storage and ultimate distribution without retail
sale of materials, merchandise, commodities, goods and products. Such
term for purposes of these bylaws does not mean or include:
[Added 5-8-2023 ATM by
Article 12]
|
(i)
|
A self-storage mini-warehouse, as such term is defined in this
Section 11.1;
|
|
(ii)
|
Any building or structure in which goods or products that are
sold online over the internet by any business entity or by any business
entity and its affiliates are received, sorted and stored on a short-term
basis for the subsequent purpose of direct delivery to a consumer
who has purchased the same, which such building or structure may include
automated systems, office space and a "pick-and-pack" area for the
sorting and packaging of good and products for delivery from the available
on-site inventory, or any building or structure the function of which
is to receive and store goods and products in bulk and thereafter
to distribute such goods and products on an individual basis to consumers,
whether any such building or structure is known as a fulfillment center,
high cube fulfillment center warehouse or otherwise;
|
|
(iii)
|
Any automated building or structure that on a short-term basis
functions as a facility for the storage and consolidation of manufactured
goods or products prior to the distribution of pallet loads to retail
facilities or to warehouses, whether any such building or structure
is known as a high cube transload warehouse and short-term storage
warehouse or otherwise;
|
|
(iv)
|
Any automated building or structure that on a short-term basis
functions on a regional or other local basis as a freight-forwarding
facility for the distribution and shipment of good and products on
a timely basis to consumers or other users via air or ground transport,
whether any such building or structure is known as a high cube parcel
hub warehouse or otherwise; or
|
|
(v)
|
Any automated building or structure that on a short-term basis
functions as a temperature-controlled facility for the storage and
subsequent distribution of food and other perishable goods and products,
whether any such building or structure is known as a high cube cold
storage warehouse or otherwise.
|
The following definitions shall apply within the WRPOD:
|
AQUIFER — Geologic formation composed of rock, sand or
gravel that contains significant amounts of potentially recoverable
water.
| |
|
BODY OF WATER — A body of water shall be any open body
of water, capable of supporting an indigenous fish population, either
naturally occurring or man-made by impoundment. The body of water
shall be existence prior to May 14, 1984 unless it is created for
the sole intent and purpose for use as a source of potable water.
It is never without standing water due to natural causes, except during
periods of extended drought. For purposes of this definition, "extended
drought" shall mean any period of four or more months during which
the average rainfall for each is 50% or less of the ten-year average
for that same month. Basins or lagoons which are part of wastewater
treatment plants shall not be considered bodies of water, nor shall
swimming pools or other impervious man-made retention basins.
| |
|
DEP — The Massachusetts Department of Environmental Protection.
| |
|
DISCHARGE — The accidental or intentional spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of toxic or hazardous
materials upon or into any land or waters in the Town. Discharge includes,
without limitations, leakage of such materials from failed or discarded
containers or storage systems, and disposal of such materials into
an on-site sewage disposal system, drywell, catch basin, or unapproved
landfill.
| |
|
DESIGN FLOW — The quantity of sanitary sewage, expressed
in gallons per day (gpd), for which a system must be designed in accordance
with 310 CMR 15.203 (Title 5).
| |
|
FUTURE POTENTIAL AQUIFERS — The land area outside the
limits of Zone II and Zone III in the WRPOD which contains stratified
drift aquifer deposits with a saturated thickness greater than 10
feet. These areas may, upon further test well exploration, prove suitable
for the development of municipal water supply wells. Therefore, the
regulations set forth in Section 9.4 of these bylaws pertaining to
Zone II areas also apply to future potential aquifer areas.
| |
|
GROUNDWATER — All the water found beneath the surface
of the ground, including the slowly moving subsurface water present
in aquifers and recharge areas.
| |
|
IMPERVIOUS SURFACE — Material or structure on, above,
or below ground that does not allow precipitation or surface water
to penetrate directly into the soil.
| |
|
LEACHABLE WASTE — Waste materials, including solid waste,
sludge, and agricultural wastes, that are capable of releasing water-borne
contaminants to the surrounding environment.
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MINING OF LAND — The removal or relocation of geologic
materials such as topsoil, sand, gravel, metallic ores, or bedrock.
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PRIMARY RESOURCE AREAS — Consists of Zone II, future potential
aquifer areas, and two-hundred-fifty-foot setback areas from body
of water.
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PUBLICLY OWNED TREATMENT WORKS (POTW) — Municipal wastewater
treatment facility, including any device or system used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial
wastes of a liquid nature, which is owned by a public entity. A POTW
includes any sewers, pipes, or other conveyances only if they convey
wastewater to a POTW providing treatment.
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RECHARGE AREAS — Areas that collect precipitation or surface
water and carry it to aquifers. Recharge areas may include areas designated
as Zone I, Zone II or Zone III.
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SOLID WASTE — Useless, unwanted, or discarded solid material
with insufficient liquid content to be free flowing. This includes,
but is not limited to, rubbish, garbage, scrap materials, junk, refuse,
inert fill material, and landscape refuse.
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TOXIC OR HAZARDOUS MATERIAL — Any substance or mixture
of physical, chemical, or infectious characteristics posing a significant,
actual, or potential hazard to water supplies or other hazards to
human health if such substance or mixture were discharged to land
or water of the Town of Foxborough. Toxic or hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis,
and all substances defined as toxic or hazardous under MGL Chapters
21C and 21E, and 310 CMR 30.00, and also include such products as
solvents and thinners in quantities greater than normal household
use.
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TOXIC OR HAZARDOUS WASTE — As defined in 310 CMR 30.00.
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TWO-HUNDRED-FIFTY FOOT SETBACK AREA FROM A BODY OF WATER —
An area consisting of a body of water and a surrounding protective
setback, extending 250 feet from the edge of a body of water.
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UPLAND AREA — That area exclusive of wetlands and floodplains
as defined within the Wetlands Protection Act (MGL c. 131, § 40,
as amended).
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WATER RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD) — The
District consists of aquifer recharge areas for existing, proven and
future well sites (Zone II and Zone III), 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.
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ZONE II — That area of an aquifer which contributes water
to a well under the most severe recharge and pumping conditions that
can be realistically anticipated (180 days pumping at safe yield with
no recharge from precipitation). It is bounded by the groundwater
divides which result from pumping the well and by the contact of the
edge of the aquifer with less permeable materials such as till and
bedrock. At some locations, surface water features may represent recharge
boundaries.
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ZONE III — That land area beyond the area of Zone II from
which surface water and groundwater drain into Zone II. The surface
water drainage divides as determined by topography will be used to
delineate Zone III. In some locations, where surface and groundwater
are not coincident, Zone III shall consist of both the surface drainage
and the groundwater drainage areas.
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A facility located on a lot containing not less than 18 acres
offered for use by the public for general wellness and recreation
which may include a pool facility and any other indoor and outdoor
sports, recreation and athletic use, day camps, and arts and humanities
and uses incidental thereto, but excluding those uses that fall under
Section 3.0.
An open space on a lot with a building, extending along the
entire length of a front, rear, or side lot line.
[1]
Editor's Note: See MGL c. 129, § 39a.
[2]
Editor's Note: The former definition of "story," which immediately
followed, was repealed 11-15-2021 STM by Art. 3.
[3]
Editor's Note: The definition of "truck terminal/general commodity/public
warehouse," which immediately followed this definition, was repealed 5-8-2023 ATM by Art. 12.
