Foxborough City Zoning Code
SECTION 10
0 Administration and Procedures
10.1 Zoning enforcement.
10.1.1.
Building Commissioner. The Building Commissioner shall be charged with the enforcement of these bylaws, and shall be deemed for such purposes as the Zoning Enforcement Officer.
10.1.2.
Permit required. No building or structure shall be erected, altered or moved in Foxborough without a written permit issued by the Building Commissioner. Such permits shall be applied for in writing to the Building Commissioner. The Building Commissioner shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of these bylaws, except as may have been authorized by special permit or variance issued by the Board of Appeals, Planning Board, or the Select Board, provided a written copy of the decision governing any such special permit or variance be attached to the application and to the resulting building permit issued. One copy of each such building permit as issued, including any conditions or restrictions attached thereto, shall be kept on file in the office of the Building Commissioner.
[Amended 1-30-2023 STM by Art. 1]
10.1.3.
Enforcement. The Building Commissioner, upon being informed in writing of a possible violation of these bylaws or on his or her own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Commissioner, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises. The Building Commissioner shall demand in such notice that such violation be abated within a reasonable time that is designated therein by the Building Commissioner. Such notice and demand may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the Town and to the occupant at the address of the premises of such seeming violation.
10.1.4.
Penalties. Any person, firm, or corporation who violates, disobeys, or refuses to comply with any of the provisions of these bylaws shall be fined a penalty of up to $300 per violation or occurrence, and each day such violation or occurrence continues shall constitute a separate offense.
10.1.5.
Noncriminal disposition. In addition to the procedures for enforcement as described above, the provisions of these bylaws may also be enforced by the Building Commissioner by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of these bylaws shall be $50 for the first offense; $100 for the second offense; and $300 for the third and each subsequent offense.
10.2 Board of Appeals.
10.2.1.
Establishment. The Board of Appeals shall consist of three regular members and two associate members to be appointed in accordance with Chapter 35, § 35-4, of the Town of Foxborough General Bylaws, and MGL c. 40A, § 12. The Chairperson of the Board of Appeals may designate any such associate member to sit on the Board of Appeals in case of absence, inability to act, or conflict of interest on the part of any regular member thereof, or in the event of a vacancy on the Board of Appeals until said vacancy is filled in the manner provided in said Chapter 35, § 35-4, of the Foxborough General Bylaws and MGL c. 40A, § 12.
10.2.2.
Powers. The Board of Appeals shall have the following powers:
1.
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of MGL Chapter 40A, or by any officer or board of the Town or by any person aggrieved by any order or decision of the Building Commissioner or any other administrative official in violation of any provision of said Chapter 40A or any bylaw adopted thereunder. In exercising this power, the Board of Appeals may, in conformity with the provisions of these bylaws, make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
2.
To hear and decide applications for special permits as provided in these bylaws, subject to any general or specific rules therein contained and subject to any appropriate conditions and safeguards imposed by the Board.
3.
To authorize a variance upon petition or appeal with respect to a particular parcel of land or to an existing building thereon from the terms of these bylaws where, owing to circumstances relating to the soil conditions, shape or topography of such land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of these bylaws would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of these bylaws, but not otherwise. The Board of Appeals shall not have authority to authorize a use variance.
[Amended 12-11-2012 STM by Art. 11; 5-13-2013 ATM by Art. 26]
10.2.3.
Rules and regulations. The Board of Appeals shall adopt rules and regulations not inconsistent with the provisions of these bylaws for conduct of its business and otherwise carrying out the purposes of these bylaws and MGL Chapter 40A, and shall file a copy of such rules in the office of the Town Clerk.
10.2.4.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
10.3 Planning Board.
10.3.1.
Establishment. The Planning Board has been established pursuant to MGL c. 41, § 81A.
10.3.2.
Powers. The Planning Board shall have the following powers:
10.3.3.
Rules and regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of these bylaws for conduct of its business and otherwise carrying out the purposes of MGL c. 40A, and shall file a copy of such rules in the office of the Town Clerk.
10.3.4.
Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
10.4 Special permits.
10.4.1.
Special permit granting authority. Where specifically designated in these bylaws, the Board of Appeals, Planning Board, or Select Board shall act as the special permit granting authority.
[Amended 1-30-2023 STM by Art. 1]
10.4.2.
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in these bylaws, the determination shall include consideration of each of the following:
1.
Community needs served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impact on the natural environment; and
6.
Potential economic and fiscal impact to the Town, including impact on Town services, tax base, and employment.
10.4.3.
Rules and regulations. The special permit granting authority may adopt rules and regulations for the administration of this Section 10.4. An application for a special permit shall be filed in accordance with any such rules and regulations.
10.4.4.
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of these bylaws.
10.4.5.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
10.4.6.
As-built plan. When a site plan is required, an as-built plan shall be submitted prior to the release of performance guarantee or issuance of a full certificate of occupancy.
[Added 5-13-2019 ATM by Art. 21[1]]
10.4.7.
Lapse. A special permit shall lapse in two years if a substantial use or construction has not begun under the permit within said two years, except for good cause. The special permit granting authority may establish a shorter period if it so votes on a specific application.
10.5 Site plan review.
10.5.1.
Purpose. Site plan review has been adopted for the following purposes:
1.
To maintain the integrity and character of all zoning districts and adjoining zones by insuring that the development complies with these bylaws and that the purposes as stated in Section 1.0 of these bylaws are fulfilled.
2.
To insure that development that is subject to this review is planned and designed to minimize impacts on the environment, its abutters and the community.
3.
To provide an orderly review procedure where site plans of proposed projects can be approved with reasonable conditions which will further the purposes of these bylaws.
10.5.2.
Authority. The Planning Board shall hear and decide all petitions for site plan review in accordance with the provisions of this Section 10.5.
10.5.3.
Applicability. Site plan review is required for:
1.
Any new building, and any addition to or any change of use of a predominantly nonresidential building in any zoning district. This shall include the construction of a new building on a previously developed lot. When an addition is proposed to an existing building, the Planning Board reserves the right to review the existing structure and site.
2.
Any alteration of land greater than 1,000 square feet or change of use of land except for one- and two-family residential, agricultural, horticultural, floriculture, or viticulture uses.
10.5.4.
Exemptions.
1.
For an addition of less than 1,000 square feet to an existing building, the Planning Board may waive any or all of these requirements.
2.
Site plan review is not required for those uses that require a special permit from the Planning Board, provided that all other requirements of this Section 10.5 shall apply.
3.
The Planning Board shall not require the completion of an environmental impact report pursuant to Section 10.6 of these bylaws if in connection with the development that is the subject of the site plan review process the applicant is required to complete a MEPA environmental impact report ("EIR") in accordance with applicable state law, provided that such EIR is provided to the Planning Board sufficiently in advance of the Planning Board rendering its site plan review decision so that the Board has adequate time to review the EIR.
4.
Site plan review is not required for a change of use of a building located in the Foxborough Center Overlay District where the Building Commissioner determines that any such change involves only alterations to the building exterior that are minor cosmetic, repair or sign changes, and does not involve changes to the number, design or location of parking spaces or other visible exterior site features; provided that site plan review is required for exterior alterations to any building that is within the Design Review District where the Building Commissioner determines that the proposed alterations are sufficiently extensive to materially affect the character of the surrounding area.
[Added 11-15-2021 STM by Art. 6]
10.5.5.
Application process. All applications for site plan review shall be submitted to the Planning Board containing all of the information noted herein. The applicant is encouraged to meet with the Director of Land Use and Economic Development 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 in Section 10.5.6, below; and
4.
A certified list of abutters within 100 feet of the property lines.
10.5.6.
Plan requirements. All site plans for parcels of land under four acres shall be at a scale of one inch equals 20 feet. Plans for parcels over four acres shall not exceed one inch equals 40 feet. All plans shall be prepared by a qualified professional engineer, signed and stamped.
1.
Plans shall have a locus at a scale of one inch equals 1,000 feet, the name and address of the legal owner and applicant, the zoning district and suitable space to record the action of the Planning Board.
2.
The required and provided yard dimensions for each proposed and existing building shall be presented in table form.
3.
The dimensions of all structures shall be clearly shown.
4.
The location of existing and proposed driveways, parking, service and loading areas, and landscaping shall be shown.
5.
Floodplains, wetlands, water bodies either on or off the site which could be impacted by the drainage, wooded areas to be retained or removed and existing and proposed topography at two-foot contours extending 25 feet from the property lines are required.
6.
Existing and proposed utility systems, screening and buffering, adequate and aesthetic lighting, signage and sewage disposal methods shall also be shown.
7.
Elevation plans showing the exterior design of all proposed structures shall be submitted.
8.
A separate landscape plan shall be submitted for facilities greater than 50,000 square feet or 100 parking spaces produced by a registered landscape architect.
10.
The applicant shall provide, upon request, to the Planning Board, its staff, or technical review consultants copies of any submittals (plans, studies, reports, presentations, etc.) in .pdf format.
10.5.7.
Site plan review procedure.
1.
The Planning Board shall provide copies of the application package to the Select Board, Building Commissioner, Board of Health, Board of Water and Sewer Commissioners, Police and Fire Departments, Highway Department, and Conservation Commission. To insure a timely and effective review, all comments shall be provided to the Planning Board prior to the date of the public hearing.
[Amended 1-30-2023 STM by Art. 1]
2.
The Planning Board shall give notice of a public hearing by publication of a notice in The Foxboro Reporter and by posting a notice at Foxborough Town Hall at least seven days before the hearing. Notice shall also be sent to all abutters prior to the hearing date.
3.
The hearing shall be opened no later than 21 days after the receipt of a complete application. The Planning Board shall render a decision and file such with the Town Clerk within 30 days of the closing of the hearing. At the request of the applicant, these time periods may be extended.
[Amended 12-5-2016 STM by Art. 3]
10.5.8.
Decision. The site plan shall be approved, 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.
1.
If the site plan does not conform with the requirements of these bylaws, the Planning Board shall identify these deficiencies in writing and deny approval. A new site plan submittal and hearing will then be required.
2.
The Building Commissioner shall not issue a building or demolition permit until the Planning Board has filed its approval with the Town Clerk, or after 15 days have elapsed from the date of the close of the hearing without a decision being filed.
10.5.9.
Approval guidelines.
1.
If applicable, the applicant shall be responsible for complying with the provisions of Section 9.2 of these bylaws. At its discretion, the Planning Board may require the completion of an environmental impact statement pursuant to Section 10.6 of these bylaws. The applicant may also be required to receive an order of conditions from the Conservation Commission prior to the Planning Board acting upon an application.
2.
The Board may waive appropriate sections of 6.5, provided they are not applicable to the proposed development, would significantly alter the character of the neighborhood or district in which the proposal is located, or are in the public interest. Waivers shall be submitted in writing by the applicant with the submission of the site plan review application. The Board must state in the decision the section waived and the justification for the waiver.
10.5.10.
Revisions to an approved site plan. 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 after construction has been initiated. This may occur in the event of unforeseen site characteristics, infrastructure problems or other unexpected circumstances.
1.
All changes shall be reviewed and discussed by the Planning Board at a regularly scheduled meeting prior to the 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.
10.5.11.
Performance guarantee. The Planning Board may require that the conditions of approval be secured by a deposit of money or an irrevocable letter of credit in the favor of the Town. This performance guarantee shall bear a reasonable relationship to the expected costs of completing the work being secured.
[Amended 5-13-2019 ATM by Art. 21]
1.
If the developer fails to fulfill the conditions of approval which are secured, the Planning Board is authorized to use the funds to complete the remaining work.
2.
Upon completion of the project, the developer shall submit "as-built" plans for review.
3.
Upon acceptance of the plans by the Planning Board, the developer may submit a written request for a release of the performance guarantee. All changes or modifications shall be shown on the "as-built" plans.
4.
A response to a request for a release of the performance guarantee shall be within 21 days upon receipt of such. Failure of the Planning Board to act within this time period shall constitute a release of the funds.
10.5.12.
As-built plan. Prior to the release of performance guarantee, and prior to issuance of a full certificate of occupancy, an as-built plan shall be submitted to the Planning Board. An "as-built plan" shall be defined as a construction engineering plan prepared after the completion of construction in such a manner as to accurately identify and depict the location of all on-site improvements, which shall include, but are not limited to, the following:
[Added 5-13-2019 ATM by Art. 21[1]]
1.
All buildings and structures;
2.
All utilities, including septic system, leaching area, underground piping, vent pipes, drainage facilities, water wells, well piping, electric, gas, telecommunications lines, bounds, curbs, gutters, easements, pavement striping, sidewalks, and lighting;
3.
Topography at the same contour interval and scale as the approved site plan, spot grades as appropriate, rims and inverts of all drainage systems including retention, detention or recharge elements with the outlet control structures and emergency bypass provisions, septic systems, and sewer systems; and
4.
All property lines and easements of record with metes and bounds, and shall be on the NAD83 horizontal datum and NAVD88 vertical datum.
The as-built plan shall bear the stamp and signature of a registered land surveyor and a registered professional civil engineer, and shall include certification that all construction has been completed in accordance with the approved site plan or, if it has not, listing any deviations therefrom. The as-built plan shall be submitted to the Planning Board in hard copy, in pdf format, and in AutoCAD format. |
[1]
Editor's Note: This article also renumbered former Subsections 10.5.12 through 10.5.15 as Subsections 10.5.13 through 10.5.16, respectively.
10.5.13.
Lapse. Site plan approval shall lapse if construction is not commenced within 24 months from the date of approval. A new submittal and hearing will be required. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
10.5.14.
Fee. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.
10.5.15.
Appeal. Any decision of the Planning Board pursuant to this Section 10.5 shall be appealed in accordance with MGL c. 40A, § 17, to a court of competent jurisdiction.
10.5.16.
Violations. Violation of any condition of the Planning Board's site plan approval shall be subject to the enforcement provisions of Section 10.1 of these bylaws.
10.5.17.
Limited site plan review. Site plan review that is required for any educational or religious institution or for any child-care center that is subject to the provisions of MGL c. 40A, § 3 (each, a "Section 3 Use") shall be subject to limited site plan review under this Section 10.5.17.
[Added 5-8-2023 ATM by Article. 14]
1.
Purpose. The purpose of this Section 10.5.17 is to ensure that site plan review of a Section 3 Use is subject to reasonable regulation concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.
2.
Authority. Site plan review of a Section 3 Use shall be granted by the Planning Board, provided that the Board may impose such conditions, limitations and safeguards, consistent with the provisions of MGL c. 40A, § 3, as the Planning Board deems appropriate to further a legitimate interest of the Town.
3.
Criteria for review.
a.
Applications for site plan review pursuant to this Section 10.5.17 shall be administered consistent with the foregoing provisions of Section 10.5 to the extent that any such provisions are not inconsistent with or superseded by this section or to the extent that the Planning Board in its discretion may waive the applicability thereof.
b.
The Planning Board's review and determination of an application for site plan review under this Section 10.5.17 shall be limited to consideration of the following criteria, provided that the Planning Board, in its discretion, after review of a completed application, may waive such criteria as it deems appropriate:
[1]
The bulk and height of any proposed structure(s) and accessory structure(s), the adequacy of open spaces, the building coverage on the site, yard sizes, lot area and setbacks;
[2]
The physical layout of the structure(s), driveways, parking areas, utilities and other infrastructure; and
[3]
The adequacy of the site for parking, the drop-off and pick-up of individuals utilizing the site, and loading areas in relation to the proposed use of the site.
4.
Plan requirements.
a.
Adequate parking shall be provided that meets the applicable requirements of Section 6.1 of these bylaws as to minimum number of off-street parking spaces, the location and size of the parking area(s) and construction standards, and allows for safe vehicular maneuvering and pedestrian movement within the site. Adequate facilities for loading and unloading of stock, merchandise, material and supplies shall be provided and screened in accordance with Section 6.4 of these bylaws. Adequate drop-off and pick-up locations shall be included in all projects.
c.
The design and adequacy of the sewage disposal system(s) to serve the proposed facility shall be in accordance with then-effective requirements of the Town of Foxborough Board of Water and Sewer Commissioners or the Town of Foxborough Board of Health, as applicable.
d.
Parking areas adjacent to residential uses shall be adequately screened year-round from view from said residences by trees, vegetation, and/or screened fences.
e.
There shall be no unreasonable glare onto public roads and other public ways into the night sky or onto neighboring properties from lighting or reflection.
f.
The site plan shall demonstrate conformance with applicable lot area, setback and height regulations for the zoning district in which the premises are located.
5.
Plan determination. The Planning Board shall approve a site plan application in the form submitted or with reasonable conditions or modifications that shall be consistent with the provisions of this Section 10.5.17 and the provisions of MGL c. 40A, § 3. In the event that the Planning Board determines that a site plan application is incomplete or that it does not comply with the provisions of this Section 10.5.17, it shall provide written notice to the applicant of such deficiencies and shall deny approval.
10.6 Environmental impact statement.
10.6.2.
Applicability. An EIS may be required, at the expense of the applicant, in the following cases:
10.6.3.
Disapproval. An EIS may be the basis for disapproval by the appropriate Town board.
10.6.4.
Exemption. If the applicant is required to file an environmental impact report with the Executive Office of the Environmental Affairs of the Commonwealth of Massachusetts, the final environmental impact report may be submitted to fulfill the requirements of this Section 10.6.
10.6.5.
Requirements. In reviewing the EIS, the appropriate Town boards will consider the degree to which water is recycled back into the ground, the maintenance and improvement of the flow and quality of surface waters, the preservation or promotion of wildlife refuges, historic sites, unique geological, botanical and archaeological features, existing or potential trails and accesses to open space areas; the health and safety of the inhabitants of the area; and the preservation of present social standards.
10.6.6.
Scope of work. The appropriate Town board shall develop a scope of work to direct the completion of the statement. The Board may waive or add to the list of concerns noted in Section 10.6.8 of these bylaws pursuant to the specifics of each project. It is recommended that the applicant meet with the Board to participate in the preparation of this scope.
[Amended 5-8-2023 ATM by Art. 17]
10.6.7.
Consultant review. Upon the completion of the scope of work, the appropriate Town board shall send out a "request for proposal" to specified consulting firms. The Board shall review all responses and choose the optimum proposal. The applicant shall then be required to make a payment to the Town of Foxborough in the exact sum of the proposal selected. This money shall be placed in an interest-bearing escrow account administered by the Board pursuant to MGL c. 44, § 53G. Upon the satisfactory completion of the work, the consultant shall be paid and the applicant shall receive the remaining interest.
10.6.8.
Contents of statement.
1.
Physical environment. Provide a description and impact analysis the development will have on the general topography, vegetation, wildlife, unusual geologic, scenic and historical features, trails and open space and site relationship to the surrounding area.
2.
Surface water and soils. Describe location, extent and type of existing water and wetlands and the proposed alterations to such, including both existing and proposed surface drainage characteristics, both within and adjacent to the project. Describe the methods to be used during construction to control erosion and sedimentation; describe approximate size and location of land to be cleared at any given time and length of time and exposure; covering of soil stockpiles; and other control methods used. Evaluate effectiveness of proposed methods on the site and on the surrounding areas. Also describe the permanent methods to be used to control erosion and sedimentation.
3.
Estimate increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the soils.
4.
Describe sewage disposal methods and location of such. Evaluate impact of disposal methods on the quality of the surface waters and groundwater.
5.
Town services. Describe estimated traffic flow at peak periods and proposed site and off-site circulation patterns and traffic controls.
6.
Describe estimated effect/impacts of the project on police and fire protection services, public works, educational services, and the water supply system.
7.
The appropriate Town board may require the submission of information which could be required by the MEPA unit if an EIR were required under applicable MEPA regulations.
10.7 Repetitive petitions.
No appeal, application or petition that has been unfavorably and finally acted upon by the Planning Board or the Board of Appeals shall be acted favorably upon within two years after the date of final unfavorable action unless the Planning Board or the Board of Appeals, as applicable, finds, by a vote of four members of the Planning Board or a unanimous vote of the Board of Appeals, specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings, after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
1.
The Planning Board shall act first when the original unfavorable action occurred at the Board of Appeals. The Board of Appeals shall act first when the original unfavorable action occurred at the Planning Board.