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