8.1.1.
Special permit required. Subject to satisfying the standards
set forth in Section 8.1.2, the addition of an accessory apartment
to a single-family home may be permitted by the issuance of a special
permit.
8.1.2.
Standards. The standards set forth below shall be fulfilled
prior to the granting of a special permit:
1.
The owner of the property shall occupy one of the living units, and
the other living unit can only be occupied by a family member specified
in the special permit. All dimensional yard requirements (see Section
4.0 of these bylaws) shall be met or relief from such granted. This
shall apply to the existing structure and any proposed additions.
2.
Any external changes or additions shall blend into the architectural
and physical style of the existing structure to the satisfaction of
the Planning Board. The accessory apartment shall share a common living
area separation (wall or floor) with the principal unit and there
shall be direct access between the units. The structure shall retain
the visual appearance of a single-family dwelling when viewed from
the front yard(s).
3.
The net floor area for the accessory apartment shall not exceed 850
square feet.
4.
Adequate parking for two additional vehicles shall be provided. Said
parking shall not be obtrusive and shall comply with all zoning regulations.
It shall also be screened, if required by the Planning Board.
5.
The Planning Board reserves the right to require screening between
any addition(s) and immediate abutters. Landscaping for any new addition(s)
may also be required.
6.
All necessary state and local permits and requirements shall be adhered
to and shall not compromise any of these regulations.
7.
The utilities serving the additional unit shall not be separated
from the primary home.
8.
For conforming lots or structures within the Water Resource Protection
Overlay District, the design sewage flow does not exceed the design
sewage flow requirements established by Section 9.4 for the Zone II
and Zone III of the Water Resource Protection Overlay District.
9.
For preexisting nonconforming lots or structures located in Zone
II or Zone III of the Water Resource Protection Overlay District,
an accessory apartment may be allowed, provided there is not an increase
in the number of bedrooms on the property. The existing septic system
must pass a Title 5 inspection, or the system upgraded as approved
by the Board of Health.
8.2.1.
Purpose. The purpose of this Section 8.2 is:
1.
To govern the subdivision of land within the R-40 Residential and
Agricultural District into not more than four lots;
2.
To require a lower density of housing on the site than is normally
allowed with a conventional subdivision;
3.
To eliminate the Town's costs for road maintenance, lighting and
future rebuilding; and
4.
To minimize construction in or near environmentally sensitive areas.
8.2.2.
Special permit required. A residential compound may only be
authorized under a special permit granted by the Planning Board. Subdivision
approval, pursuant to MGL c. 41, §§ 81K through 81GG,
also shall be required.
8.2.3.
Private ways. All access ways shall be privately owned and shall
remain as such.
1.
All maintenance, including snow removal, streetlighting, repaving
and similar activities, shall be the responsibility of the abutters
to the private way.
2.
The applicant shall propose the method to be used to ensure that
the private way shall remain privately owned and that the abutters
shall remain responsible for its maintenance (i.e., a homeowners'
association or similar entity should be considered).
8.2.4.
Water Resource Protection Overlay District. All lots shall exceed
the minimum requirement of 40,000 square feet or 60,000 square feet
if the lot is within the WRPOD.
8.2.5.
Standards.
1.
The total number of lots shall be less than the number of lots allowed
in a conventional subdivision of the land.
2.
In granting the special permit, the Planning Board may authorize
a reduction in lot frontage. The lot frontage may be reduced to 50
feet on a public way (existing or proposed). The intent is to create
better-shaped lots and to eliminate "strips" of useless frontage.
3.
The Planning Board has the authority to impose construction standards
found in its Subdivision Regulations. However, it also has the discretion
to waive/reduce the following standards in exchange for the required
reduction in density within the subdivision and/or other public amenities:
underground utilities; sidewalk requirements; pavement widths; cul-de-sac
width and construction; berms; and drainage.
4.
All private ways shall have a fire hydrant located pursuant to the
Board of Water and Sewer Commissioners' requirements, which hydrant
shall be owned and maintained by the Town.
5.
No future extension of the access road is permitted unless there
is adherence to the provisions of MGL c. 41, § 81W.
8.2.6.
Application process.
1.
A pre-application preliminary/concept plan review and hearing with
the Planning Board is required. The intent is to allow the Planning
Board the opportunity to review the proposal prior to the special
permit process, and to allow the Planning Board to familiarize the
applicant with the submittal/review process.
2.
Eleven stamped copies of a preliminary set of plans shall be submitted
to the Planning Board. The plans shall illustrate the proposed building
lots and shall conform to Section 3.01 of the Foxborough Subdivision
Regulations. Such plans shall be prepared and stamped by a registered,
professional engineer or surveyor.
3.
A list of requested waivers pursuant to the Foxborough Subdivision
Regulations shall be submitted.
4.
The Planning Board shall hold a public hearing within 25 days from
the date of submittal and shall vote on such within 20 days after
the hearing.
5.
If the Planning Board approves the preliminary concept plan, the
Planning Board, insofar as practical under the law, may allow the
submittal of a combined special permit and definitive subdivision
plan. A combined submission will not be authorized in those cases
where the Planning Board disapproves the preliminary/concept plan.
8.2.7.
Contents of the special permit application. The special permit
application to construct a residential compound shall be accompanied
by 11 copies of a plan prepared in accordance with the requirements
for a definitive subdivision plan as set forth in Section 3.02 of
the Foxborough Subdivision Regulations. Final approvals will include
definitive subdivision approval, and a special permit. At a minimum,
the applicant shall include the following information:
1.
Documentation which shall be used to create a homeowners' association
or similar entity to own and maintain the private way once the developer/applicant
completes the subdivision.
2.
A description of the method which will be employed to provide for
the orderly transfer of the ownership of the access way to the above
entity/homeowners' association.
3.
A copy of a restrictive covenant(s) which shall prohibit further
subdivision and shall absolve the Town from any present or future
maintenance responsibilities for the private way.
8.2.8.
Special permit decision. Before acting on a special permit application,
the Planning Board shall conduct a public hearing in accordance with
the provisions of these bylaws.
1.
The Planning Board may grant a special permit under this Section
8.2 only if it finds that: the proposed residential compound will
be in harmony with this section; that it will be of a benefit to the
community; that it will utilize the site in a more environmentally
suitable manner than a conventional plan for the site; and that the
number of lots shown is less than that allowed under a conventional
plan. The burden of proof shall be upon the applicant in determining
the allowable number of building lots. The Planning Board reserves
the right to challenge the status of any lot.
2.
The Planning Board may impose any conditions and/or safeguards that
further the purpose of this Section 8.2.
3.
A condition of the special permit shall be the recording of the required
covenant at the Norfolk County Registry of Deeds.
4.
No certificates of occupancy shall be issued by the Building Commissioner
until the Planning Board has certified that the site has been constructed
in accordance with the approved plan and that the required documentation
is in place for the private way to be maintained as a private way.
5.
For the purposes of the special permit lapse provision found in Section
10.4.6 of these bylaws, the recording of the approved definitive subdivision
plan with the Norfolk County Registry of Deeds or Registry District
of the Land Court authorizing the construction of a way for a residential
compound shall be considered substantial use of the special permit
granted under this section. The Planning Board has the discretion
to regulate the time to complete the subdivision through the required
covenant.
8.2.9.
Revisions to special permit. Subsequent to the granting of a
special permit, the Planning Board may permit the relocation of lot
lines within the residential compound; provided that any changes in
overall density or street layout will require further review and a
public hearing.
[Amended 5-13-2013 ATM
by Art. 21; 5-11-2015 ATM by Art.
18]
8.3.1.
Purpose. The purpose of this Section 8.3 is:
1.
To permit maximum flexibility and creativity in design for the development
of single-family subdivisions that will be superior to conventional
plans;
2.
To promote the most harmonious use of the land's natural features,
resources and topography, which will promote the general health and
safety of the public;
3.
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; and
4.
To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, other natural resources including
aquifers, water bodies and wetlands, and historical and archaeological
resources.
8.3.2.
Special permit required. Open space residential development
may be authorized only by a special permit as granted by the Planning
Board.
8.3.3.
General requirements.
1.
The number of building lots may not exceed the number of building
lots of the tract as permitted by Board of Health and Conservation
Commission regulations, existing zoning and a conventional subdivision
per the Foxborough Subdivision Regulations ("subdivision regulations").
2.
For parcels situated in a Primary Resource Area, the maximum number
of building lots allowed in the special permit definitive plan filing
shall be determined by compiling the total sewage flow allowed for
the total upland area within each of the building lots as approved
in the conventional, preliminary plan. Minimum lot sizes of 30,000
square feet of upland area shall be required in these areas.
3.
For parcels situated in Zone III of the Water Resource Protection
Overlay District (WRPOD), the maximum number of building lots allowed
in the special permit definitive plan filing shall be determined by
compiling the total sewage flow allowed within each of the building
lots as approved in the conventional, preliminary plan. Minimum lot
sizes of 20,000 square feet shall be required in these areas.
4.
All lots and structures shall comply within the dimensional requirements
of Table 8-1. Whenever possible, the Planning Board will require septic
systems and housing units to be located outside of those areas protected
by the WRPOD Zone II regulations.
8.3.4.
Dimensional and design requirements.
|
Table 8-1
OSRD Dimensional Regulations
[Amended 11-15-2021 STM by Art. 3] | |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Lot Dimensions
|
Minimum Yard
(feet)
|
Maximum Building Height
(feet)
| |||||
|
District
|
Area
(square feet)
|
Frontage
(feet)
|
Front
|
Side
|
Rear
| ||
|
R-40
|
20,000
|
50
|
35
|
15
|
30
|
35
| |
|
Minimum Requirements within Zone II of the WRPOD
| |||||||
|
R-40
|
30,000
|
50
|
35
|
15
|
30
|
35
| |
1.
The requirements noted in Table 8-1 shall apply to all lots located within an OSRD. All accessory structures and uses shall comply with the requirements of Section 4 of these bylaws unless otherwise provided for herein. Within those areas governed by the WRPOD Zone II regulations, the minimum building lot area shall be "upland" as defined in MGL Chapter 131. Each dwelling unit shall have sufficient parking for two vehicles.
2.
Lots approved at the preliminary plan stage may be located on existing
streets in the special permit filing and shall comply with the requirements
of Table 8-1.
3.
Strong emphasis shall be placed upon preserving and integrating the
existing topography, natural features (such as rock outcrops, specimen
trees and clumps of trees) and man-made features such as stonewalls
into the plan.
4.
The Planning Board may place limitations on the types and location
of accessory structures which may be located within the preserved
open space in the development. Existing/proposed screening, distances
between the OSRD and existing abutters, and topography shall all be
considered. The intent is to minimize impacts on existing abutters.
A deed restriction may be required if such limitations are applied.
5.
Swimming pools may not be located within 30 feet of a property line
of an existing single-family dwelling abutting the OSRD. The Planning
Board may increase this distance after considering those items noted
in Subsection 4, above.
8.3.5.
Screening and buffering. When determined necessary by the Board,
screening and buffering shall comply with the following:
1.
Screening/buffering may consist of landscaped berms, evergreen plantings,
solid walls or fences complemented by suitable plantings, "no cut"
provisions (for existing vegetation), or a combination of these items.
2.
The location of the screening/buffering and species type(s) of vegetation
shall be noted on the definitive plan. All new plantings shall consist
of evergreens and be situated in a manner acceptable to the Planning
Board.
8.3.6.
Dedicated open space.
1.
A minimum of 45% of the parcel shall become dedicated open space
pursuant to MGL c. 40A, § 9. The Planning Board may reduce
this figure to a minimum of 35% if it determines there are unique
circumstances (re: shape of parcel, topography, wetlands, etc.) that
would individually or together preclude the construction of the OSRD
or that the open space to be provided is of exceptional value to the
Townspeople.
2.
Uses for open space: The open space may be used for wildlife habitat
and conservation and may also be the following additional purposes:
historic preservation, outdoor education, passive recreation, aquifer
protection, stormwater management, agriculture, horticulture, forestry,
or a combination of these uses, and shall be served by suitable access
for such purposes.
3.
Dedicated open space may be utilized as natural courses for disposal
for storm drainage from impervious surfaces. Other than minor berming
(maximum 3-1 slopes which shall blend into the landscape) and riprap
at pipe outflows, no significant disruptions of the land (contour
changes greater than three feet) for drainage are permitted.
4.
Dedicated open space may be in one or more parcels of a size and
shape appropriate for its intended use. The parcels shall be laid
out to promote convenient access by the homeowners within the OSRD,
the general public or both, whatever the case may be. Wherever practical,
parcels shall be accessible via upland areas. These items shall be
agreed upon by the Planning Board and applicant.
5.
Public access to proposed preserved open space, including paths,
shall be provided. The plan shall show the location, construction
details, and signage for pathways. Paths in OSRDs shall not be utilized
for snowmobiles and other motorized travel, but may be used for cross-country
skiing, snowshoeing, horseback riding, and other non-motorized modes
of travel. If appropriate, skating areas may be designated within
preserved open space areas.
8.3.7.
Ownership of dedicated open space.
1.
As agreed upon by the applicant and the Board, dedicated open space
shall either be conveyed to the Town and accepted by it for park or
open space, or be conveyed to a nonprofit organization, the principal
purpose of which is the conservation of open space, or to be conveyed
to a corporation or trust owned or to be owned by the owners of all
building lots within the development. If such a corporation or trust
is utilized, ownership thereof shall pass with conveyances of the
lots or residential units. In any case, where such land is not conveyed
to the Town, a restriction enforceable by the Town pursuant to MGL
c. 40A, § 9, shall be recorded providing that such land
shall be kept in an open natural state and not be developed or built
upon.
2.
If necessary, such restrictions shall further provide for maintenance
for the common land in a manner which will ensure its suitability
for its function, appearance, cleanliness, and proper maintenance
of drainage, utilities, and the like.
8.3.8.
Pre-permitting and study plan(s): The applicant is required
to meet with the Board to discuss alternatives and conceptual plans
before filing an application.
8.3.9.
Special permit application and fillings. A special permit application
for an OSRD shall include a definitive subdivision plan with 11 copies.
It shall be prepared in accordance with the Foxborough Subdivision
Regulations. In addition, the applicant shall provide the following
information:
1.
A detailed analysis of the site, including wetlands, soil conditions,
areas within the one-hundred-year floodplain, trees over six inches
in diameter in areas identified by the Planning Board, Water Resource
Protection Overlay District delineation and natural, and/or man-made
features and other items as the Planning Board may request;
2.
A description of the proposed design characteristics of the site
pursuant to these regulations;
3.
Engineering data showing effects of proposed development on both
on- and off-site water resources (within 100 feet of the property
line), wetlands and natural recharge of the groundwater, yield from
abutters' private wells and possible impacts upon the quality of surface
and groundwater;
4.
A copy of any restrictive covenant(s) for the preserved open space,
association rules and regulations and/or other documentation relating
to the creation of a homeowners' association or similar entity.
8.3.10.
Application process. A pre-application meeting and public hearing
are required. The intent of such is to allow the Town the opportunity
to discuss with the applicant and review each proposal prior to the
special permit process. After the pre-application review, an applicant
may then proceed to the special permit process. A pre-application
review will be conducted in accordance with the following procedure:
1.
An application, a preliminary set of plans, illustrating a conventional
subdivision plan and proposed OSRD shall be filed with the Foxborough
Town Clerk and the Planning Board. The application shall be accompanied
by 11 copies of the plans and any other supporting materials, which
must be prepared and stamped by a professional civil engineer and
landscape architect. This submittal shall comply with Section 3.01
of the Subdivision Regulations.
2.
The preliminary subdivision plan shall be used by the Planning Board
to determine the maximum number of lots which could be created via
a conventional plan. This number will be the maximum allowed in an
OSRD definitive subdivision plan submittal.
3.
The burden of proof shall be upon the applicant to prove the proposed
lot(s) are suitable for building. The Planning Board reserves the
right to challenge the status of any lot and not allow such to be
included in any definitive plan filing.
4.
Formal percolation and depth to groundwater tests shall be conducted
for each building lot unless town sewerage is available. The results
of these tests shall be submitted with the application. Due to seasonal
testing requirements, the Planning Board may accept an application
without these certified tests. However, the applicant would proceed
at his or her own risk and no development of a building lot could
commence until it has been approved by the Board of Health.
5.
A preliminary sketch plan of the proposed OSRD shall be submitted.
It shall contain the proposed location of the road(s), lots, drainage,
and dedicated open space. General topography (with ten-foot contours
maximum), major site features and adjacent streets shall also be shown.
6.
The Planning Board shall hold a public hearing and act on the preliminary
plan within 45 days after the receipt of the application.
7.
The conceptual OSRD shall also be reviewed and discussed during the
hearing process. Comments and recommendations shall be incorporated
in plans included in any subsequent filings.
8.
If the preliminary conventional and conceptual OSRD plans are approved,
the Planning Board shall, insofar as practical under the law, allow
the submittal of a combined special permit and definitive subdivision
plan. A combined submission will not be authorized in those cases
where either the conventional preliminary plan or proposed OSRD sketch
plan is not approved by the Planning Board.
8.3.11.
Special permit decision.
1.
The Planning Board shall conduct a public hearing in accordance with
the provisions of these bylaws.
2.
If the Planning Board disagrees with any recommendations of another
Town of Foxborough board, it shall state its reasons therefor in writing.
3.
The Planning Board shall consider the approval criteria in this section
and other factors to determine if it approves the plan as submitted.
4.
The Planning Board may impose conditions as a part of any approval
that furthers the purposes of this Section 8.3 and these bylaws.
5.
The Planning Board shall require a performance guarantee to secure
the proper completion of all infrastructures as well as the fulfillment
of any conditions of approval.
8.3.12.
Approval criteria. The Planning Board may grant a special permit
under this Section 8.3 only if it finds that:
1.
The proposed plan is in harmony with the intent and requirements
of this section and these bylaws;
2.
Open space as required by this bylaw has been provided and generally
conforms to the dedicated open space section of this bylaw;
3.
Proposed uses of the open space comply with this bylaw;
4.
Proposed open space will be dedicated in compliance with the Massachusetts
General Laws and this bylaw and is suitably protected;
5.
Approximate building sites have been identified and are not located
closer than 100 feet to wetlands and waterbodies;
6.
Proposed streets have been aligned to provide vehicular access to
each house in a reasonable and economical manner. Lots and streets
have been located to avoid or minimize adverse impacts on open space
areas and to provide views of and access to the open space for the
lots;
7.
All lots meet the applicable dimensional requirements of this Open
Space Residential Development Bylaw and the Zoning Bylaws;
8.
Documents creating a homeowners' association has been submitted to
the Board and approved by Town Counsel;
9.
The development will not have a detrimental impact on the neighborhood
or abutting properties; and
10.
Other factors as determined appropriate by the Board.
8.3.13.
Revisions to approved special permits. Subsequent to granting
of a special permit, the Planning Board may permit the relocation
of lot lines or changes to landscaping within the project, provided
that any change in the number of lots, street layout, square footage
or composition of dedicated open space, or disposition thereof, will
require further review and a public hearing.
8.4.1.
Minimum parcel size. All planned development housing (PD-H)
shall occur on parcels with a minimum of 200 acres and 100 feet of
frontage within the R-40 Residential District.
8.4.2.
Computation of dwelling units. One dwelling unit shall be permitted
for every 40,000 square feet of area. This figure shall be attained
by using the gross square footage of the parcel.
8.4.3.
Number of bedrooms. The gross number of bedrooms within the
planned development shall not exceed twice the number of dwelling
units permitted. Within each planned development, not more than 10%
of the permitted dwelling units shall contain three or more bedrooms.
Single-family units are exempt from this three-bedroom limitation;
however, the limitation on the gross number of bedrooms within the
PD-H shall still remain in effect.
8.4.4.
Open space. Twenty-five percent of the parcel shall remain as
open space.
[Added 1-4-2013 STM by
Art. 7]
8.5.1.
Purpose.
The purpose of this Section 8.5 is to:
1.
Encourage
the protection and preservation of significant rural and natural areas,
including agricultural resources, open space, water bodies and supplies,
wetlands and other natural resources, and historical and archeological
resources;
2.
Provide
site-sensitive alternatives for orderly land development and use;
3.
Allow
innovation in the design of residential development and increased
responsiveness to site conditions;
4.
Enhance
public safety by increasing access alternatives;
5.
Facilitate
the construction and maintenance of streets, utilities and public
service facilities in an economical and efficient manner; and
6.
Provide
a mechanism to evaluate, consider, and approve alternate land design
techniques.
8.5.2.
Innovative
residential development includes land development techniques, site
access, and dimensional requirements that vary from those otherwise
required. Innovative residential development includes shared driveways
and extended dead-end roads. The Planning Board may adopt rules and
regulations to implement this section.
8.5.3.
Shared
driveways. A single driveway may be constructed to serve two lots.
1.
A shared
driveway provides vehicular access from a public way to the lots.
2.
The
applicant shall demonstrate that each lot otherwise has legal and
functional access and it is possible to construct a driveway on each
lot.
3.
The
applicant shall demonstrate that the shared driveway addresses one
or more of the following:
4.
Construction
standards, widths, turnarounds, maintenance agreements, and easements
shall be submitted with the application.
5.
The
Planning Board may require that the Police Department and Fire Department
review the proposed shared driveway. A fire hydrant may be required.
6.
The
street numbers for both dwellings must be clearly displayed in the
vicinity of the shared driveway.
8.5.4.
Extended
dead-end roads. An extended dead-end road is one which exceeds the
maximum length allowed in the Subdivision Rules and Regulations.
1.
Water
lines may not dead end. If they can only be looped within the road
right of way, the loops shall be separated to the maximum extent possible.
2.
Utilization
of low-impact development tools, enhanced stormwater techniques, and
other innovative land use development techniques is encouraged.
3.
The
applicant shall demonstrate that the extended dead-end road addresses
one or more of the following:
a.
Vehicular
safety issues, either elimination of a second curb cut at an unsafe
location, elimination of a second curb cut with minimal sight distance,
elimination of a road with grades approaching the maximum allowed,
elimination of an outset intersection to an existing road, or other
factor;
b.
Preservation
of land features, such as existing trees, stone walls and other amenities;
c.
Protection
of natural, agricultural, historic, or other resources;
d.
Compatibility
with abutting lots and land use patterns;
e.
Substantially
reduced maintenance costs for the Town;
f.
Convenience
for the homeowners, the public, and public safety providers.
4.
Construction
standards, widths, maintenance agreements, easements, and other documentation
shall be submitted with the application for a special permit.
8.5.5.
Approval
criteria. The Planning Board may grant a special permit if it determines
that the proposal achieves greater flexibility and creativity in the
design of residential development, promotes the preservation of community
character and natural resources, is compatible with the existing neighborhood,
reduces impact on natural resources and roadways, will not have a
detrimental impact on the neighborhood or abutting properties, facilitates
the efficient delivery of services and complies with the requirements
of this section.
8.5.6.
Conditions.
1.
The
Planning Board may impose conditions as a part of any approval. When
appropriate, the conditions may include off-site improvements to address
conditions which are likely to be affected by the proposed development,
such as but not limited to the installation of sidewalks, installations
of hydrants, replacement or repair of stone walls, planting of street
trees, and improvements to existing roads.
2.
The
Planning Board shall require a performance guarantee to secure the
proper completion of all infrastructure as well as the fulfillment
of any conditions of approval.
