Town of Foxborough, MA SECTION 9.0 Special District Regulations

9.1 Special Use District (S-1).

9.1.1. Purpose. The Special Use District is established to encourage the innovative and creative design of office and industrial development and:

1. To promote economic development of the Route 1 corridor and to increase real estate tax revenue;

2. To maintain good planning and site review principles for new development proposals [i.e., encourage commercial cluster development approaches, reinforce front yard buffers, provide performance standards and more definitive criteria for the special permit process, etc.];

[Amended 5-14-2018 ATM by Art. 10]

3. To attract better land uses (e.g., professional office/research and development uses) along the Route 1 corridor, and to discourage strip or "ribbon" type of commercial development;

4. To assure environmental protection and preservation, and to preserve the Town's rural character;

5. To minimize the number of access points onto Route 1 and to lessen traffic congestion;

6. To minimize development demands placed on Town services and infrastructure; and

7. To implement proper procedures to assure that future development surrounding Gillette Stadium (as it may from time to time be called) will be completed in accordance with the above planning objectives.

9.1.2. Dimensional requirements.

[Amended 5-14-2018 ATM by Art. 10]

1. The Planning Board may grant a special permit to allow lots with not less than 100 feet of frontage.

2. There shall be a landscaped buffer strip comprising a minimum of 25 feet of the front yard and 10 feet of the side yard for all uses. Under no circumstances shall parking be allowed within these required buffer zones. These requirements may not be waived.

3. Parking is allowed in the front yard, provided that there is compliance with the applicable building setback and buffer strip requirements. Parking in the side and rear yards is preferred.

9.1.3. Retail limitation. The total gross floor area of retail establishments, except restaurants with seating, shall not exceed 75% of the gross square footage of the buildings or structures located on a lot in which any such use is situated, provided that the Planning Board may grant a special permit to increase the gross floor area that is used for such purposes to more than 75% of the gross square footage of any such buildings or structures. Lots of five acres or less recorded or shown on a plan endorsed by the Planning Board prior to March 23, 1989 are allowed to have 50% of the total floor area used for retail.

[Amended 5-14-2018 ATM by Art. 10; 5-13-2019 ATM by Art. 20]

9.1.4. Special permit process. Applicants seeking special permits in the S-1 District shall comply with the following standards and requirements:

1. The Planning Board, acting as the special permit granting authority (SPGA), shall obtain with each submission a deposit sufficient to cover any expenses connected with the public hearing and review of the plans. The SPGA is authorized to retain a professional engineer, architect, or landscape architect, or other professional consultant to advise the Board on any or all aspects of the site plan. The cost of these services shall be borne by the applicant.

2. Prior to submitting an application for a special permit within the S-1 District, the applicant shall meet with the Director of Land Use and Economic Development or the designee thereof to address issues and respond to questions concerning such application in order to facilitate the SPGA's review of such matter.

[Amended 1-30-2023 STM by Art. 1; 5-8-2023 ATM by Art. 15]

9.1.5. Design guidelines. The development shall be integrated into the existing terrain and surrounding landscape. Building sites shall, to the extent feasible:

1. Minimize use of wetlands, steep slopes, floodplains, and hilltops; and

2. Preserve natural and historic features; and

3. Maximize open space retention; and

4. Minimize obstruction of scenic views from publicly accessible locations; and

5. Minimize tree, vegetation and soil removal, blasting and grade changes; and

6. Screen objectionable features from neighboring properties and roadways; and

7. Minimize demands placed on Town services and infrastructure; and

8. Maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways; and

9. Minimize the obstruction of views from the access ways due to the siting of proposed buildings; and

10. Encourage the use of common driveways.

9.1.6. Design requirements.

1. The development shall be served with adequate water supply and waste disposal systems.

2. If the lot, or any portion thereof, falls within the Water Resource Protection Overlay District, the special permit request shall so state. The criteria necessary for the granting of this special permit shall apply and be incorporated into the design of the plan. The special permit shall fulfill the requirements of both sections and shall be noted as such by the SPGA.

3. The development shall incorporate measures that are adequate to prevent pollution of surface or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of runoff and potential for flooding. Drainage shall be designed so that peak flow rates shall not be increased above pre-development levels, and groundwater recharge is maximized.

4. Building design and landscaping shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screenings, and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and to avoid monotony. Proposed buildings shall relate harmoniously to one another.

5. Electric, telephone, cable TV and other such utilities shall be underground except where this cannot be accomplished because it is physically or environmentally not feasible, in which case a waiver from such will be requested by the applicant.

6. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be set back and/or suitably landscaped.

7. The SPGA may require that the principal access road be laid out and constructed in accordance with Town standards, as listed in the Foxborough Subdivision Regulations.

8. No land use or establishment shall be permitted to produce a strong dazzling light or reflection of that light beyond its lot lines onto neighboring properties or onto any Town way so as to impair the vision of the driver of any vehicle upon that way. All such activities shall also comply with applicable federal and state regulations.

9. Excessive noise at unreasonable hours shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume. Hours of operation may be regulated to ensure that the peace and tranquility of abutting residential neighborhoods is maintained.

10. As required by the Planning Board, common driveways shall conform to the requirement in the Foxborough Subdivision Regulations that 100 feet of frontage shall be designed and constructed to allow for access from abutting lots. An easement allowing for such access (enforceable by the Town) shall be approved by the Planning Board and recorded at the Norfolk County Registry of Deeds with the special permit.

11. Driveways constructed on lots with 100 feet of frontage shall be designed and constructed to allow access from abutting lots. An easement allowing for such access (enforceable by the Town) shall be approved by the Planning Board and recorded at the Norfolk County Registry of Deeds with the special permit.

12. For those uses or activities where the general public may be assembled, the SPGA shall request the Chief of Police to recommend a crowd management plan. It may include requiring the applicant to maintain police details at the site to ensure public safety and convenience. As a condition of the special permit, the SPGA may also require the approved plan to be reviewed and, if necessary, revised from time to time to ensure continual compliance.[1]

[1] Editor’s Note: Former Sections 9.1.7 and 9.1.8, both of which pertained to planned development and immediately followed this section, were repealed 5-14-2018 ATM by Art. 10.

9.2 Design Review Overlay District (DRD).

9.2.1. Purpose. The purpose of the Design Review Overlay District (DRD) is:

1. To protect the cultural and historical resources of the Town of Foxborough by initiating a review of all new, nonresidential and multifamily uses through the site plan review and special permit process.

2. To preserve and enhance the cultural, economic and historical resources of the Town of Foxborough in the DRD. This will be accomplished by requiring a detailed design review of all proposed new developments, changes in appearance of existing buildings and sites, and proposed changes in land use for all multifamily dwellings and nonresidential structures.

9.2.2. Overlay District. DRD is established as an overlay district and includes all of those streets listed herein. The DRD shall include all nonresidential properties and all multifamily dwellings fronting the following streets and which are shown on the revised Zoning Map dated November 26, 1990, or any amendments thereto:

[Amended 5-12-2014 ATM by Art. 33; 10-1-2018 STM by Art. 3]

	Baker Street (Bird Street to furthermost bound of Glenwood Avenue)
	Bassett Street
	Bentwood Street
	Bird Street
	Carpenter Street
	Central Street (Common to furthermost bound of Leonard Street)
	Church Street
	Clark Street
	Cocasset Street (Common to furthermost bound of Leonard Street)
	Daniels Carpenter Court
	Fales Place
	Garfield Street
	Gilmore Street
	Glenwood Avenue
	Granite Street (Main Street to Union Street)
	Gray Road
	Howard Avenue
	Leonard Street
	Liberty Street
	Main Street (Common to furthermost bound of Daniels Carpenter Court)
	Maple Avenue
	Maple Place
	Market Street
	Mechanic Street (Common to furthermost bound of Maple Avenue)
	Orchard Place
	Pettee Place
	Railroad Avenue
	Rockhill Street
	School Street
	Shaw Place
	Sherman Street
	South Street (Common to furthermost bound of Union Street)
	Union Street
	Wall Street

9.2.3. Establishment of the Design Review Board. A Design Review Board is hereby established and shall review all applications subject to the provisions of this section, and shall issue conditions and forward these to the appropriate board concerning the conformance of the proposed project to the design review standards contained herein. The Design Review Board shall consist of five members who shall be appointed as follows:

1. One member from the Planning Board appointed by the Planning Board;

2. One member from the Historical Commission appointed by the Historical Commission; and

3. Three members at large appointed by the Select Board, at least one of whom shall be a merchant or property owner in the District. If possible, one member should be a registered engineer or architect.

[Amended 1-30-2023 STM by Art. 1]

The term of the members of the Design Review Board shall be three years, except that when the Design Review Board is originally established, the Select Board shall make two of their appointments for a two-year term and the remaining appointment shall be for a one-year term.

9.2.4. Applicability. Review by the Design Review Board is required for exterior activities within the Design Review District when site plan review or a special permit is required or when the Building Commissioner determines that the proposed exterior activities are sufficiently extensive to materially affect the character of surrounding area.

[Amended 5-12-2014 ATM by Art. 33]

9.2.5. Standards. The Design Review Board shall consider, at a minimum, the following standards in the course of the design review of a proposed activity:

1. The proportions and relationships between doors and windows shall be compatible with the architectural style and character of the surrounding area.

2. The relationship of a structure to the open space between the structure and adjoining structures should be compatible.

3. The design of the roof should be compatible with the architectural style and character of the surrounding buildings.

4. The scale of the structure should be compatible with the character of the surrounding buildings.

5. Facades shall blend with other structures in the surrounding area with regard to the dominant vertical or horizontal expression.

6. Architectural details, including signs, materials, colors, and textures, shall be treated so as to be compatible with its original architectural style and to preserve and enhance the character of the surrounding area.

7. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and when such design is compatible to the District.

9.2.6. Procedures. Applications for all activities subject to review by the Design Review Board shall be made by completing a building permit application form and submitting it to the Building Commissioner. Application forms are available from the Building Commissioner's office. The Building Commissioner shall forward the application to the Design Review Board and shall notify the appropriate Town Board if site plan approval or a special permit is required.

[Amended 5-12-2014 ATM by Art. 33]

1. Upon receipt of an application, the Design Review Board shall, within 21 days, submit any written findings, comments, conditions, and recommendations to the applicant, Building Commissioner, and referring board. Failure of the Design Review Board to report within the twenty-one-day period shall be deemed a lack of opposition thereto.

2. The referring board shall incorporate the Design Review Board's report in its decision. Should the referring board deviate from the Design Review Board's report, the reasons shall be specifically cited in their decision.

9.3 Floodplain Overlay District (FPOD).

[Amended 12-11-2012 STM by Art. 12; 5-13-2013 ATM by Art. 22; 5-11-2015 ATM by Art. 19; 5-10-2021 ATM by Art. 24]

9.3.1. Purpose. The purpose of the Floodplain Overlay District (FPOD) is to:

1. Ensure public safety through reducing the threats to life and personal injury;

2. Eliminate new hazards to emergency response officials;

3. Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding;

4. Avoid the loss of utility services that if damaged by flooding would disrupt or shut down the utility network and impact regions of the Town beyond the site of flooding;

5. Eliminate costs associated with the response and cleanup of flooding conditions; and

6. Reduce damage to public and private property resulting from flooding waters.

9.3.2. Definitions. The following terms, as used in this Section 9.3, shall have the respective meanings as indicated:

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either i) by an approved state program as determined by the Secretary of the Interior, or ii) directly by the Secretary of the Interior in states without approved programs.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.

RECREATIONAL VEHICLE

A vehicle that is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99.

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Commissioner shall determine it to be substantial repair of a foundation. Applications determined by the Building Commissioner to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of the Massachusetts State Building Code (780 CMR).

VARIANCE

A grant of relief from the terms of a floodplain management regulation.

VIOLATION

The failure of a structure or other development to be fully compliant with the Town's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance as required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.

9.3.3. Overlay district. The FPOD is established as an overlay district. The FPOD includes all special flood hazard areas within the Town designated as Zone A, AE, AH, AO or A99 on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 16, 2015, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the FPOD shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 16, 2015. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk and Inspections Department.

9.3.4. Floodplain Administrator. The Town Manager shall be the FPOD administrator for the Town but may delegate FPOD responsibilities to a suitably qualified employee of the Town.

9.3.5. Floodplain permitting.

1. Permits are required for all proposed construction or other development in the FPOD, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

2. The permit review process includes the use of a checklist of all Town, state and federal permits that will be necessary in order to carry out proposed construction or other development in the FPOD. The applicant must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

3. All construction or other development in the FPOD, including structural and nonstructural activities, whether permitted by right or by special permit shall comply with each of the following: MGL c. 131, § 40; those sections of the Massachusetts State Building Code (780 CMR) that address floodplain areas; the Wetlands Protection Regulations of the Massachusetts Department of Environmental Protection (310 CMR 10.00); Inland Wetlands Restrictions of the Massachusetts Department of Environmental Protection (310 CMR 13.00); the Minimum Requirements for the Subsurface Disposal of Sanitary Sewage of the Massachusetts Department of Environmental Protection (310 CMR 15, Title 5); the Code of the Town of Foxborough, Massachusetts, Chapter 267, Wetlands Protection; and the Town of Foxborough Conservation Commission's Wetlands Protection Regulations.

9.3.6. Requirements. (NOTE: The Town of Foxborough does not have AO or AH zones on the FEMA maps.)

1. All buildings and structures erected in areas prone to flooding, as designated on the Flood Insurance Rate Maps (FIRM) or as further enumerated, shall be constructed and elevated as required by the Massachusetts State Building Code.

2. In A Zones of the FPOD in the absence of FEMA BFE data and floodway data, the Inspections Department shall obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

3. The following provisions shall apply in the floodway that is designated on the Flood Insurance Rate Map:

a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the 100-year flood.

b. If the requirements of Section 9.3.5 are satisfied, all new construction and substantial improvements shall comply with all provisions of Sections 9.3.6.1 and 9.3.6.2.

4. In Zones A and AE of the FPOD along watercourses that have not had a regulatory floodway designation, the best available federal, state and local or other floodway data shall be used to prohibit encroachments in the floodways that would result in any increase in flood levels within the Town during the occurrence of the base flood discharge.

5. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse: municipalities that are adjacent to the Town; the NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104; and the NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.

6. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town shall within six months notify FEMA of these changes by submitting the technical or scientific data that supports the change(s) to FEMA Region I Risk Analysis Branch Chief, 99 High Street, 6th floor, Boston, MA 02110, and shall copy such notification to Massachusetts NFIP State Coordinator, MA Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

7. Subdivision proposals shall be designed to assure that such proposals minimize flood damage, all public utilities and facilities are located and constructed to minimize or eliminate flood damage, and adequate drainage is provided to reduce exposure to flood hazards.

8. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is lesser, within unnumbered A Zones.

9. All recreational vehicles that are placed on a site in A1-30, AH and AE Zones of the FPOD shall be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements, or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

9.3.7. Variances from floodplain development regulations.

1. Variances from the Massachusetts State Building Code. A variance from the provisions of the Massachusetts State Building Code shall comply with the following requirements:

a. The Inspections Department shall request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the Town's files.

b. The Inspections Department shall issue a written letter signed by the Building Commissioner to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, which such letter shall provide that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and ii) such construction below the base flood level increases risks to life and property.

c. Such notification shall be maintained with the record of all variance actions for the referenced development in the FPOD.

2. Variances from these bylaws. A variance from the provisions of this Section 9.3 shall comply with and satisfy the applicable provisions of Section 10.2.2.3 of these bylaws and, in addition, may only be granted if i) good and sufficient cause and exceptional nonfinancial hardship exist, ii) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public, and iii) the variance is the minimum action necessary to afford relief.

9.3.8. Administrative.

1. Abrogation and greater restriction. The bylaws that are set forth in this Section 9.3 shall take precedence over any less restrictive conflicting bylaws, rules or regulations of the Town.

2. Disclaimer of liability. The degree of flood protection required by this Section 9.3 is considered reasonable but does not imply total flood protection.

3. Severability. If any section, provision or portion of this Section 9.3 is determined to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other section, provision or portion thereof that can be given effect without that which is held invalid, provided that the result of such invalidity would not be contrary or detrimental to the purpose of such section.

9.4 Water Resource Protection Overlay District (WRPOD).

9.4.1. Findings. The groundwater underlying the Town is a significant source of its existing and future drinking water supply. The groundwater aquifers are integrally connected with, and flow into, the surface waters, lakes and streams which constitute significant recreational and economic resources of the Town. Spills and discharges of petroleum products and other toxic and hazardous materials and the discharge of sewage have repeatedly threatened the quality of groundwater supplies and related water resources throughout Massachusetts and elsewhere, posing potential public health and safety hazards and threatening economic losses to the affected communities.

9.4.2. Purpose. The purpose of the Water Resource Protection Overlay District (WRPOD) is to protect the public health, safety, and general welfare of the community by:

1. Preserving and maintaining the existing and potential groundwater supplies, aquifers, and recharge areas of the Town of Foxborough, and protecting them from adverse development or land-use practices;

2. Preserving and protecting present and potential sources of drinking water supply for the public health and safety;

3. Conserving the natural resources of the Town;

4. Preventing blight upon and/or pollution of the environment;

5. Implementing the Town's authority to regulate water use pursuant to MGL c. 41, § 69B, and MGL c. 40, § 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection (DEP).

9.4.3. Overlay district. The WRPOD is established as an overlay district and includes all those areas as designated on a map entitled "Water Resource Protection District, Foxborough, Massachusetts Annual Town Meeting May 13, 2109,"[1] as may be amended from time to time. It consists of aquifer recharge areas for existing, proven, and future well sites (Zone II and Zone III of the WRPOD), future potential aquifer areas, bodies of water, whether natural or man-made, each to the seasonal high water line and a surrounding protective setback, extending 250 feet from the edge of a body of water. Any use not permitted in the other zoning districts shall not be permitted in the WRPOD. Any uses permitted in the portions of the districts so overlaid shall be permitted, except when the WRPOD imposes greater or additional restrictions and requirements, such restrictions and requirements shall apply. This map, as it may be amended from time to time, is on file with the office of the Town Clerk and with the Building Commissioner and, with any explanatory material thereon, is hereby made a part of these bylaws.

[Amended 10-1-2018 STM by Art. 6; 5-13-2019 ATM by Art. 25]

[1] Editor’s Note: A copy of said map is included as an attachment to this chapter.

9.4.4. Definitions. See the definition of "Water Resource Protection Overlay District" in Section 11.0 of these bylaws.

9.4.5. Interpretation of map. Where the bounds of the WRPOD, as delineated on the WRPOD Map, are in doubt or dispute, the burden of proof shall be upon the applicant concerning the land in question to show where they should properly be located. At the request of the applicant whose land has been designated as part of the WRPOD, the Town, acting by the Planning Board, Board of Appeals, may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner for all or part of the cost of the investigation.

9.4.6. Minimum requirements. The following are the minimum requirements for lots or portions of lots located inside a WRPOD:

[Amended 5-14-2018 ATM by Art. 11]

1. Within the Primary Resource Areas, individual sewage disposal systems shall be designed to receive or shall receive not more than 110 gallons of design flow per 10,000 square feet of upland area under one ownership per day, or 440 gallons of design flow per 40,000 square feet of upland area under one ownership per day.

2. Within the WRPOD, the replacement or repair of a sewage disposal system shall not result in an increase in the design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, unless a system with enhanced nitrogen removal is installed that meets all of the following requirements:

a. It must comply with 310 CMR 15.217(2).

b. The increased sewer flow for Primary Resource Areas does not exceed 137.5 gpd/10,000 square feet of upland area or 550 gpd/40,000 square feet of upland area.

c. It must be approved by the Board of Health.

3. Within the Primary Resource Areas, single-/two-family residential lots shall contain a minimum of 60,000 square feet, of which a minimum of 30,000 square feet shall be upland area, unless the dwelling is connected to a sewer line, then the requirements of Table 4-1 of these bylaws shall apply.

4. [2]Within the WRPOD, land uses on any lot shall not render impervious more than 15% or 2,500 square feet, whichever is greater, unless a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.

[2] Editor’s Note: Former Subsection 9.4.6, Paragraph 4, which set forth a minimum residential lot size within Zone III, was repealed 5-13-2019 ATM by Art. 18. Article 18 also renumbered former Paragraphs 5 through 10 as Paragraphs 4 through 9, respectively.

5. For parcels situated in the Primary Resource Areas of the WRPOD, the maximum number of building lots Editor’s Note: Former Subsection 9.4.6, Paragraph 4, which set forth a minimum residential lot size within Zone III, was repealed 5-13-2019 ATM by Art. 18. Article 18 also renumbered former Paragraphs 5 through 10 as Paragraphs 4 through 9, respectively.allowed in the special permit definitive plan filing for an open space residential development (OSRD) shall be determined by compiling the total sewerage flow allowed for the total upland area within each of the building lots approved in the conventional, preliminary plan. Minimum lot sizes of 30,000 square feet of upland area shall be required in these areas.

6. For parcels situated in Zone III of the WRPOD, the maximum number of building lots allowed in the special permit definitive plan filing for an OSRD shall be determined by compiling the total sewerage flow allowed within each of the buildable lots approved in the conventional, preliminary plan. Minimum lot sizes of 20,000 square feet shall be required in these areas.

7. A single- or two-family residential lot, which is not serviced by a sewer line and where a portion of such is located within the WRPOD, shall be allowed, provided that:

a. The lot meets the minimum requirements found in Table 4-1; and

b. The septic system, leaching area and reserve area are located outside the WRPOD.

8. The mining of land or the removal of soil, loam, sand, gravel or any other mineral substances within the WRPOD shall only be allowed pursuant to Chapter 115, Earth Removal, of the Foxborough General Bylaws.

9. If a lot is located partly within the WRPOD and partly outside of a WRPOD, the requirements of this Section 9.4 shall apply only to that portion of the lot located within the WRPOD.

9.4.7. Use regulations for all resource areas: permitted uses. The following uses are permitted in the WRPOD:

1. Conservation of soil, water, plants and wildlife;

2. Nonintensive agricultural uses: pasture, light grazing, hay, gardening, nursery, conservation, forestry, and harvesting, provided that fertilizers, herbicides, pesticides, and other leachable materials do not exceed the limitations expressed in Section 9.4.8, Prohibited uses, and are stored under cover in a manner which will prevent leakage;

3. Outdoor recreation, nature study, boating, fishing, foot, bicycle and/or horse paths, bridges, and hunting where otherwise legally permitted;

4. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

5. Toxic or hazardous materials may be stored as an accessory use, provided that storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's maximum storage capacity plus 10%;

6. Publicly owned treatment works and their appurtenances that meet the groundwater discharge permit program requirements of 314 CMR 5.00.

7. All uses except for those uses that are prohibited within the WRPOD or allowed only by special permit under the WRPOD.

9.4.8. Use regulations for all resource areas: prohibited uses. The following uses are prohibited in the WRPOD:

1. Disposal of liquid or leachable wastes other than normal sanitary waste;

2. Sanitary landfills and open dumps as defined in 310 CMR 19.006, disposal of solid wastes other than brush and stumps, and disposal of brush and stumps by burial with less than four feet of clearance above the observed maximum water table;

3. Automobile graveyards and junkyards as defined in MGL c. 140B, § 1, or motor vehicle salvage operations;

4. Treatment or disposal works that are subject to 314 CMR 5.00, except the following:

a. The replacement or repair of an existing system(s) that will not result in an increase in design capacity greater than the design capacity of the existing system(s);

b. The replacement of an existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in an increase in design capacity greater than the design capacity of the existing system(s);

c. Treatment works approved by the Massachusetts Department of Environmental Protection (DEP) designed for the treatment of contaminated ground or surface waters; and

d. Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to DEP's satisfaction both that these problems are attributable to current septic systems and that there will be a net improvement in water quality.

e. Publicly owned treatment works, and their appurtenances that meet the groundwater discharge permit program requirements of 314 CMR 5.00

5. Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

6. Stockpiling and disposal of snow or ice removed from highways or streets located outside of the WRPOD that contains sodium chloride chemically treated abrasives or other chemicals used for snow and ice removal.

7. Commercial establishments or municipal facilities for the washing, servicing, or repair of motor vehicles, airplanes or boats.

8. Commercial establishments for the plating, finishing, etching, or polishing of metals or semiconductors.

9. Manufacture of semiconductors or other electronic components.

10. Chemical or bacteriological laboratories.

11. Underground storage tanks for petroleum or any toxic or hazardous substances, except for replacement or upgrading of existing storage without increasing capacity, provided that there is compliance with all local, state and federal laws.

12. Storage of liquid petroleum products of any kind, except those incidental to:

a. Normal household use and outdoor maintenance or the heating of a structure;

b. Waste oil retention facilities required by MGL c. 21, § 52A;

c. Emergency generators required by statute, rule or regulation; or

d. Treatment works approved by DEP designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.

Storage as listed in these items shall be in either a freestanding container within a building, or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's maximum capacity plus 10%.

13. Any use which involves as a principal activity, the manufacture, storage, use or disposal of toxic or hazardous material.

14. The storage of animal manure, unless such storage is covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service.

15. The use of septic system cleaners which contain toxic or hazardous materials, in accordance with 310 CMR 15.027.

16. Dry-cleaning establishments and/or coin or commercial laundries where cleaning is performed on the premises.

17. Commercial establishments for painting, wood preserving, or stripping paint.

18. Commercial establishments for printing, photocopying, or photographic processing.

19. Commercial establishments for electronic circuit assembly.

20. Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of runoff or leachate.

21. Landfilling of sludge and septage as defined in 310 CMR 32.05.

22. The storage of sludge or septage as defined in 310 CMR 32.05 unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

23. Facilities that generate, treat, store or dispose of toxic or hazardous waste that are subject to MGL Chapter 21C, and 310 CMR 30.00, except the following:

a. Very small quantity generators, as defined by 310 CMR 30.00;

b. Household toxic or hazardous waste collection centers or events operated pursuant to 310 CMR 30.390;

c. Waste oil retention facilities required by MGL c. 21, § 52A; and

d. Treatment works approved by DEP designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.

24. Any floor drainage systems in industrial or commercial process areas or toxic or hazardous material and/or toxic or hazardous waste storage areas, which discharge to the ground without a DEP permit or authorization.

25. Commercial kennels.

9.4.9. Use regulations for all resource areas: special permit uses. The following uses may be allowed by the grant of a special permit:

1. Golf courses.

2. Any nonresidential or multifamily use that will render impervious more than 15% or 2,500 square feet (whichever is greater) over that portion of the lot within WRPOD.

3. Any nonresidential or multifamily use outside of the WRPOD, which directs surface-water flows from impervious areas greater than 2,500 square feet into a WRPOD.

4. A preexisting, nonconforming, nonresidential or multifamily structure or use shall not be altered, reconstructed, extended without a finding and a special permit based upon the requirements herein.

9.4.10. Stadium. Notwithstanding the foregoing, in connection with the development of a stadium and accessory uses thereto that are (i) within 250 feet of the Neponset River, and (ii) within the Economic Development Area Overlay District, the foregoing uses shall be allowed without a special permit, provided that such use:

1. Is not located within a Zone II or Zone III of the WRPOD or within 250 feet of other bodies of water as delineated on the WRPOD map;

2. Is reviewed and approved by the Town of Foxborough Conservation Commission and/or the Massachusetts Department of Environmental Protection (DEP) pursuant to the Massachusetts Wetlands Protection Regulations (310 CMR 10.00); and

3. Is reviewed and approved by the Planning Board through site plan approval pursuant to Section 10.5 of these bylaws.

9.4.11. Special permit granting authority. The Planning Board is the special permit granting authority (SPGA). It is also authorized to make findings for proposed extensions and alterations of preexisting, nonconforming structures or uses within the WRPOD pursuant to Section 4.0 of these bylaws. The SPGA shall be responsible for assuring that all applications comply with the provisions of this section.

9.4.12. Special permit application. The following materials, prepared and stamped by a registered professional engineer, shall be submitted to the SPGA (10 copies) and the Town Clerk (one copy) at the expense of the applicant.

1. A site plan conforming to the requirements and specifications of Section 10.5 of these bylaws and this Section 9.4.

2. Material safety data sheets for all chemicals, pesticides, fuels, and other potentially toxic or hazardous materials to be used, generated, stored, or disposed of on the premises, and a complete list of the maximum quantities of chemicals, pesticides, fuels, and other potentially toxic or hazardous materials to be used and other pertinent information.

3. A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion, and leakage and the location of such storage on the premises.

4. For any toxic or hazardous wastes to be generated in quantities greater than those associated with normal household use, the applicant must demonstrate to the SPGA the availability and feasibility of disposal methods which comply with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, Paragraph 1 of this Section 9.4.12, and all other applicable state and federal laws, including obtaining an EPA identification number from the DEP.

5. A description of proposed methods by which runoff from impervious areas will be recharged into the ground within the premises.

6. An erosion and sedimentation control plan.

7. Projections of concentrations of nitrogen and other relevant solutes in the groundwater at the downgradient boundary of the property and at any other locations deemed pertinent by the SPGA, including drinking-water wells illustrated on a plan by flow lines from the proposed site. Such projections shall be based upon appropriate groundwater models, such as, the Mass Balance Nitrate Model from the Cape Cod Aquifer Management Project (CCAMP) document and the following information or standards:

a. Wastewater per person: seven pounds of nitrogen per year, four persons per dwelling unit;

b. Lawn fertilizers: two pounds of nitrogen per 1,000 square feet of lawn per year;

c. Road runoff: 0.19 pound of nitrogen per day per lane mile;

d. Background nitrogen concentration: actual on-site measurements;

e. Hydraulic conductivity: use on-site data;

f. Saturated thickness: use data from site-specific borings;

g. Groundwater gradient: use data from site-specific measurements.

These projections may not be required, as determined by the SPGA, for projects which involve no on-site discharge other than sanitary waste, or where disposal is through a sewer line and comply with regulations herein.

9.4.13. Design standards. When considering an application, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures and design standards proposed, and the degree of threat to water quality which would result if the control measures and design standards failed. Where applicable, the SPGA must find based upon the requirements of this Section 9.4 that proposed alterations or extensions are not substantially more detrimental to water resources than the existing, nonconforming structure or use within the defined WRPOD. The SPGA may grant a special permit if it finds that the applicant has demonstrated that the proposed activity or use complies with the following design standards and requirements:

1. It meets the intent and specific criteria of this Section 9.4;

2. It will not, during construction or thereafter, have an adverse impact on any aquifer or recharge area in the WRPOD;

3. It will not adversely affect an existing or potential domestic or municipal water supply;

4. Groundwater quality at the downgradient boundary of the property shall not be allowed to violate state or federal drinking water standards;

5. Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions and clean-up in the vicinity of chemical or fuel delivery transfer points; secured storage areas for toxic or hazardous materials; indoor storage provisions for corrodible or dissolvable materials/wastes; and a schedule of future monitoring of waste streams or groundwater on the site to ensure that proper control has been maintained;

6. Where uses are partially outside of a WRPOD, potential pollution sources such as on-site waste disposal systems and their reserve areas and drainage basins shall be located outside the WRPOD, to the extent feasible;

7. Site design shall result in no increase in the peak rate of stormwater runoff in a ten-year storm and one-hundred-year storm. Site design shall result in no increase in the total volume of stormwater runoff in a one-year storm event. Areas left in an open or vegetated state shall be located so as to increase distances between impervious surfaces or on-site disposal systems and any surface water body or municipal well. Where possible, stormwater should be controlled by best management practices (BMPs). For example, stormwater may be directed through vegetated areas prior to infiltration into the groundwater or to surface water;

8. Systems for artificial recharge of precipitation will not result in the degradation of groundwater quality. Wherever possible, recharge should occur by BMPs or through diversions into vegetated areas where surface infiltration will occur. Dry wells shall be used for roof runoff and in those situations where surface infiltration is not feasible. Discharge of all runoff (excepting roof drains) shall be preceded by, and flow through oil and grease traps, and sediment traps which shall be maintained in accordance with a maintenance schedule submitted as required by the SPGA;

9. Periodic monitoring and sampling schedule may be required by the SPGA, based upon the proposed use of the site, including, but not limited to: sampling of wastewater disposed to on-site systems, maintenance records for dry wells and sampling from groundwater monitoring wells if mandated by the special permit. If required, a monitoring report with six copies shall be submitted within a specified time period to the SPGA, who will distribute them to the Town Clerk, Fire Chief, Board of Health, Board of Water and Sewer Commissioners, and Conservation Commission. The cost of monitoring, including sampling and analysis, shall be the responsibility of the applicant;

10. All clearing and earthmoving operations shall occur only when erosion and sedimentation control measures are in place as approved by the SPGA or the Conservation Commission when it is within the Conservation Commission's jurisdiction. Such control measures shall remain in place until the SPGA or the Conservation Commission determines that the danger of erosion or sedimentation no longer exists.

9.4.14. Decision. After a public hearing, the SPGA shall coordinate, clarify and weigh the comments and recommendations of the various Town of Foxborough agencies/boards; it shall then issue a written decision pursuant to Section 10.4 of these bylaws.

1. In addition to the findings described above, the decision of the SPGA shall include an explanation of any departure from the recommendations of any other Town of Foxborough agencies/boards.

2. For projects which require approval by other Massachusetts or Town of Foxborough agencies/boards, the special permit shall include a condition that no building permits shall be issued until evidence has been received by the SPGA and Building Commissioner that such required approvals have been received.

9.5 Economic Development Area Overlay District (EDAOD).

9.5.1. Purpose. It is the purpose of this Section 9.5:

1. To supplement existing zoning regulations to provide regulating flexibility to encourage economic development within the District in accordance with Chapter 16 of the Massachusetts Acts of 1999; and

2. To address the unique pressures and demands of development and the use of property within the District due to the high volume of pedestrian and vehicular traffic generated by uses in this area.

9.5.2. Overlay district. The Economic Development Area Overlay District (EDAOD) is established as an overlay district and includes that area designated on a map entitled "Economic Development Area Overlay District, Foxborough, MA" that is on file with the Town Clerk and the Building Commissioner and which, together with any explanatory material thereon, is hereby incorporated in and made a part of these bylaws. This map shall be considered as superimposed over other districts established by these bylaws.

9.5.3. Applicability. Buildings and land uses within the EDAOD shall be governed by the pertinent regulations within the Special Use (S-1) District, except as modified by the provisions of this Section 9.5. Where the base zoning regulations of the Special Use (S-1) District differ from the provisions of this Section 9.5, the provisions of this Section 9.5 shall govern.

9.5.4. Permitted uses. The following uses shall be permitted as of right as either primary or accessory uses, notwithstanding anything contained in Table 3-1 to the contrary:

1. All uses permitted as of right in the Special Use (S-1) District.

2. Parking lots, whether paved or unpaved, serving uses with seating or attendance capacities of over 7,500 people, provided that any such parking lot shall comply with the parking standards otherwise set forth herein.

3. Retail establishments, provided that (i) the total gross floor area used for such uses shall not exceed 75% of the gross square footage of the buildings or structures located on a lot in which any such use is situated, and (ii) the Planning Board may grant a special permit to increase the gross floor area that is used for such uses to more than 75% of the gross square footage of any such buildings or structures, and (iii) for the purpose of this provision any such use within a stadium or associated directly with and accessory to a stadium shall not be subject to the total gross floor area restriction.

[Amended 5-14-2018 ATM by Art. 10; 5-13-2019 ATM by Art. 20]

4. Restaurants with or without seating, including, without limitation, restaurants employing "take out service" and so-called "fast-food restaurants."

5. Stadiums.

6. Sewage treatment plants and sewage treatment facilities.

7. Parking garages, provided that any such parking garage shall comply with all applicable dimensional and other zoning requirements set forth in these bylaws.

8. Offices.

9. Indoor entertainment facilities, housing permanent or temporary events.

10. Entertainment productions for theme-oriented or seasonal entertainment events, temporary in nature, which may be held in an outdoor setting or a combination of an indoor/outdoor setting, provided that no singular event shall exceed 30 days in duration, and that the cumulative number of days in a calendar year for all such events shall not exceed 90 days. No more than one such seasonal or theme-oriented event or production shall occur on a lot at a given time. Notwithstanding the foregoing, the time, duration and event limitations contained herein shall not apply to any of the uses permitted under Section 9.5.5, below.

11. Pedestrian crossovers located over a street or way, thoroughfare, highway or driveway.

9.5.5. Permitted accessory uses - stadium. The following uses shall be permitted as accessory uses to the primary use of a lot for a stadium, whether such accessory uses are located on the same lot as such stadium or on an adjacent or contiguous lot under common or affiliated ownership (whether the ownership interest is fee simple or leasehold):

1. Sports-oriented entertainment centers, including, without limitation, National Football League pavilion-type uses, whether permanent or temporary, with vending machines, interactive manual, mechanical, audiovisual, electronic and computer games, equipment or systems and general entertainment facilities.

2. Practice fields, weight-training facilities, practice pavilions and other sports-related structures for similar uses.

3. Access ways (including no more than one limited access way through residential districts) and associated infrastructure, including, but not limited to, drainage, sewer lines and utilities, serving events licensed by the Select Board at a stadium within the District. For (i) all National Football League (or successor) football games, (ii) soccer games, and (iii) six other events, for which tickets will be made available for 50,000 or more attendees (the "permitted events"), the one limited access way through residential districts may be used pursuant to site plan approval granted by the Planning Board and shall be subject to limitations as to time, and the number and type of vehicles using said access way, pursuant to Section 9.5.10.4. For any other stadium event for which greater than 50,000 tickets will be made available, the Planning Board may allow the use of said limited access way through residential districts subject to the issuance of a special permit. When reviewing a request for a special permit, the Planning Board shall employ the criteria detailed in Section 10.4 of these bylaws. Among these and other concerns, the Planning Board shall also review the day(s) of the week the access way is proposed to be open, the proposed hours of operation, the proposed number and types of vehicles to use it, and the general impacts on the neighborhood.

[Amended 1-30-2023 STM by Art. 1]

4. Dormitories, provided such use shall be limited to stadium-related purposes.

5. Storage yards, water tanks and towers, cooling towers, emergency generators, water filtration plants and utility facilities and structures, including sewage treatment plants and electric power substations.

6. Passive outdoor recreational uses such as parks and picnic groves.

7. Hotel.

9.5.6. Dimensional standards.

1. Yards. All yards shall comply with the requirements of Section 4.0 and Table 4-2 of these bylaws, except that there shall be no minimum front yard, side yard and rear yard requirements applicable to a lot on which is located a stadium, or to a pedestrian crossover located over a street or way, thoroughfare, highway or driveway where the crossover services such a lot.

2. Frontage. The provisions of the frontage requirements for the S-1 District set forth in Table 4-2 shall apply to lots within the District.

3. Lots: coverage and definition. The maximum impervious surface coverage limitations within the District shall be as follows:

a. Maximum impervious surface coverage shall not exceed 70%, to be measured cumulatively with respect to contiguous or adjacent lots under common or affiliated ownership.

b. For any lot on which a stadium is located, the maximum impervious surface coverage shall not exceed 95%.

c. Notwithstanding any other provisions of these bylaws except Section 9.5.6.3.b, above, for the purposes of applying the requirements of these bylaws to the EDAOD, adjacent or contiguous lots (including lots separated by a public or private street or way, thoroughfare, highway or driveway) under common or affiliated ownership (whether the ownership interest in such lot is fee simple or leasehold) shall be deemed a single lot.

9.5.7. Height. The height limitations of Section 4.0 and Table 4-2 shall not apply to buildings or structures in the EDAOD. The height limitations applicable to buildings or structures in the EDAOD shall be as follows:

1. Section 4.4.1 shall apply to buildings or structures within the EDAOD.

2. The building height of any structure shall not exceed 70 feet, provided that the Planning Board may grant a special permit pursuant to the requirements of Section 9.5.7.5 to authorize any such structure to be constructed to a height in excess of 70 feet but not greater than 150 feet.

[Amended 5-14-2018 ATM by Art. 10]

3. The building height of any structure, other than a stadium, that is located less than 200 feet from any property line that abuts a residential district shall not exceed 70 feet, provided that the Planning Board may grant a special permit pursuant to the requirements of Section 9.5.7.5 to authorize any such structure to be constructed to a height in excess of 70 feet but not greater than 100 feet.

[Amended 5-14-2018 ATM by Art. 10]

4. Notwithstanding any foregoing provision, the height of stadiums shall not exceed 220 feet in the case of outdoor air stadiums and 280 feet in the case of domed stadiums.

5. Deviations within the EDAOD from the height requirements of this Section 9.5.7 may be allowed by the Planning Board by issuance of a special permit. When reviewing a request for a special permit, the Planning Board shall employ the criteria detailed in Section 10.4 of these bylaws. Among these and other concerns, the Board shall also consider the proximity of the proposed structure to Route 1 and residential abutters, the visual impacts of the proposed structure, the impacts of the structure on the municipal water supply, the water distribution system, off-street parking impacts, minimum fire flows and the proximity of the structure to other nonresidential buildings.

9.5.8. Buffer strips. Buffer strips shall comply with the applicable minimum requirements set forth in Sections 6.4 and 9.0, except that such requirements shall not apply to:

1. Any lot the primary use of which is a stadium, or any pedestrian crossover located over a street or way, thoroughfare, highway or driveway where the crossover services such a lot;

2. The front yard of any lot located along Route 1, except that a minimum front yard landscaped strip of 15 feet along Route 1 shall be required, which landscaped strip shall consist of the following visual screening elements:

a. At least one row of individual shrubs or trees, at least 50% of which shall be large shade trees; and

b. A three-foot-high earth berm.

3. The access way through residential districts allowed under Section 9.5.5.3, except that a minimum buffer strip of 20 feet shall be required along each side of any such access road. It shall contain two rows of shrubs or trees planted six feet on center not less than six feet in height (from the "top of the ball") at the time of occupancy. At least 50% of the shrubs or trees shall consist of evergreens and shall thereafter be maintained by the owner or occupant to provide a dense screen year round. In addition, fences may be required by the Planning Board. In the areas where such buffer would be within a wetland resource area, such buffer shall comply with and conform to any applicable order of conditions issued by the Foxborough Conservation Commission or the Massachusetts Department of Environmental Protection.

4. The Planning Board may require screening and buffer strips and/or designated "no cut/no build" areas that are established under the applicable site plan or special permit process required under these bylaws to have a written deed restriction permanently preserving such. This document shall be submitted for review by the Planning Board and suitable for recording at the Norfolk County Registry of Deeds with any approval.

5. Deviations within the EDAOD from the buffering and screening requirements of this Section 9.5.8 may be allowed by the Planning Board by issuance of a special permit. When reviewing a request for a special permit, the Planning Board shall employ the criteria detailed in Section 10.4 of these bylaws. Among these and other concerns, the Planning Board shall also consider existing topography in the vicinity of the request, existing vegetation, the proximity of abutting structures and the proposed buffering and landscaping within the area under consideration.

9.5.9. Parking standards and location. Off-street parking in the EDAOD shall comply with the following standards and location requirements and shall not be subject to the provisions of Section 6.1, except as otherwise provided in this Section 9.5:

1. Table 6-1 shall govern the number of parking spaces required for uses in the EDAOD; except that there shall be no minimum off-street parking requirement applicable to a stadium use in the District.

2. Section 6.0 of these bylaws shall apply to off-street parking in the EDAOD.

3. Required off-street parking spaces do not have to be located on the same lot as a proposed use, provided that contracts, easements, agreements or other evidence are presented to the appropriate board to ensure that parking facilities not owned by the applicant will continue to be available.

4. Shared, multi-use parking is permitted in the EDAOD and will be counted in determining whether a use has the requisite number of spaces.

5. Multi-level parking structures shall be permitted in the EDAOD, provided that such structures comply with all dimensional and other zoning requirements set forth in these bylaws.

6. Off-street parking spaces are allowed in the front yard of lots with frontage on Route 1, provided that a fifteen-foot landscape strip is maintained in accordance with Section 9.5.8.2 of these bylaws.

7. The maximum curb cut for curb cuts in the EDAOD shall not exceed 40 feet in width unless (i) otherwise required by nonlocal regulations and/or approved by the Massachusetts Highway Department (MHD) as part of a Section 61 Finding, or (ii) recommended by a traffic engineer selected by the applicant in connection with the development of the property based on a traffic engineering study compiled by such engineer.

8. All parking spaces shall be suitably marked with striping.

9. The surfacing requirements for parking lots within the EDAOD shall be as follows:

a. All parking areas serving a stadium or mercantile or retail uses associated directly with and accessory to such stadium shall either be paved with bituminous concrete or cement concrete or shall be surfaced with a minimum of six inches of densely graded crushed stone, crushed gravel or stone dust, graded and compacted so as to achieve a stabilized surface and dispose of all surface water accumulation.

b. All parking areas required under Table 6-1 for uses other than those set forth in 9.5.9.9.a, above, shall be paved with bituminous concrete or cement concrete.

10. A bituminous concrete curb, berm or wheelstop shall be placed at the edge of paved parking areas except where necessary to facilitate overland drainage flow and stormwater management in accordance with a stormwater management plan approved for such parking area. In any nonpaved parking area, if stormwater catch basins are installed, there shall be a paved area around each basin to help control sediments that might flow into said basins.

11. Interior landscaping shall not be required for parking areas serving a stadium or uses related to such stadium. For parking areas required for other primary uses that are not stadium-related, the interior landscaped bumper strip requirements of Section 6.0 of these bylaws shall apply, except that such interior landscaped bumper strips shall not be required, provided that additional landscaped areas equal in area to the otherwise required interior landscaped bumper strips are provided at the perimeter of such lot as shown on a site plan subject to site plan approval.

12. Parking areas will have controlled points of access and egress. All driveways and access lanes shall comply with the location requirements of Section 6.1.7.4 of these bylaws, except where such driveways and access lanes comply with an access plan approved by the MHD as part of a Section 61 Finding.

13. Nonresidential driveways or access lanes shall be a minimum of 26 feet in width, except that the access way through residential districts allowed under Section 9.5.5.3 of these bylaws shall not be subject to this limitation.

14. Deviations within the EDAOD from the parking standards and location requirements of this Section 9.5.9 may be allowed by the Planning Board by issuance of a special permit. When reviewing a request for a special permit, the Planning Board shall employ the criteria detailed in Section 10.4 of these bylaws. Among these and other concerns, the Board shall consider existing or proposed shared parking, the proximity of the spaces to abutters and to the building they service, drainage impacts, impacts on environmentally sensitive areas and landscaping.

9.5.10. Site plan review. Site plan review pursuant to Section 10.5 of these bylaws will be required for any new building, any addition to any existing building or structure or any change of use in the EDAOD. Applicants shall not be required to obtain special permits with respect to proposed development plans and/or uses that comply with the requirements set forth in this Section 9.5. Site plan review is not required for those uses which require a special permit pursuant to this Section 9.5, unless otherwise required to comply with the requirements of this Section 9.5. In addition to the standards and requirements set forth in Section 9.1 of these bylaws, applicants seeking site plan review approval within the EDAOD shall comply with the following additional standards and requirements:

1. To the extent feasible, development proposals shall minimize demands placed on Town services and infrastructure. In the case of increased impact developments (as hereinafter defined), the Planning Board may require off-site enhancements or other appropriate responses to mitigate the identified impact(s). As used herein, the term "increased impact developments" shall mean a development that (i) will increase traffic volume on a street by 25% or more during any given peak traffic period and result in insufficient capacity, or (ii) will reduce existing fire flow at the project site below 500 gallons per minute, or (iii) will trigger the "ENF and Mandatory EIR" filing requirement under the Massachusetts Environmental Policy Act (MEPA) regulations (301 CMR Section 11.03).

2. Development plans shall maximize the convenience and safety of vehicular and pedestrian movements within the subject site in relation to a stadium, Route 1, interior access roads (existing or proposed) and adjacent ways. Impacts on abutting residences shall be limited to the maximum extent feasible.

3. The use of common driveways (limiting curb cut openings onto Route 1) is encouraged. To the extent feasible, these driveways and access roads shall conform to the construction standards found in the Foxborough Subdivision Regulations.

4. To the extent feasible, except with respect to the access way through residential districts allowed under Section 9.5.5.3 of these bylaws, sidewalks, crosswalks and other pedestrian amenities shall be incorporated into street and access drive designs. In connection with the development of a stadium and accessory uses thereto, the widths of such sidewalks, crosswalks and other pedestrian amenities should reflect their proximity to such stadium, and expected use by stadium patrons. To the extent feasible, sidewalks should be separated from vehicle travel/breakdown lanes and access roads by distance, grade changes or other physical impediments.

5. Any access way through a residential district that is allowed pursuant to Section 9.5.5.3 of these bylaws shall be subject to limitations pursuant to site plan approval by the Planning Board, for the purpose of protecting residences from excessive impacts arising from traffic on said access way, based on the following criteria:

a. Time of use of said access way may be limited to further the foregoing purpose, provided that such limitations allow for the use of said access way during the hours before and after permitted events during which attendees typically enter and exit a stadium for an event.

b. Number of vehicles using said access way may be limited to further the foregoing purpose; provided, however, that not less than 1,400 vehicles per permitted event shall be allowed.

c. Types of vehicles using said access way may be limited such as to prohibit commercial truck traffic to further the foregoing purposes.

d. Signage along said access way in areas abutting residential neighborhoods may be limited to further the foregoing purpose.

e. Lighting for said access way in areas abutting residential neighborhoods may be limited to further the foregoing purpose.

f. Width of said access way may be limited to further the foregoing purpose; provided, however, that such width shall not be less than is reasonably necessary to insure vehicle access to permitted events and to insure that, simultaneously therewith, emergency vehicles will have sufficient access on said accessway.

9.5.11. Stadium. The standards and requirements set forth in Section 9.1 of these bylaws and this Section 9.5 shall govern the site plan review process, provided that in connection with the development of a stadium and stadium-related uses, the Planning Board shall not require a deposit of money or an irrevocable letter of credit to secure conditions of approval where the Planning Board receives as security a surety bond, executed escrow agreement, executed retainage agreement or other similar agreement.

9.6 Chestnut-Payson Overlay District (CPOD).

9.6.1. Purpose. It is the purpose of this section:

1. To permit the implementation of the Reuse Consensus Plan for Foxborough State Hospital Property dated April 20, 1994, amended September 5, 2002. This will permit the total construction of 152 total residential units in the CPOD.

2. To permit maximum flexibility and creativity in design for the development of single or multi-purpose uses on a lot, in a way that will be superior to conventional plans.

3. To promote the most harmonious use of the land's natural features, resources and topography that will promote the general health and safety of the public.

4. To discourage sprawled development, minimize environmental disruption, and provide a shorter network of streets and utilities, which will promote a more efficient distribution of services.

5. To provide for an innovative approach to mixing building types and controlling densities.

9.6.2. Overlay district. The Chestnut-Payson Overlay District (CPOD) is established as an overlay district encompassing the area more particularly delineated on the plan entitled "Chestnut-Payson Overlay District (CPOD) Plan in Foxborough, MA" prepared by Bay Colony Group, dated October, 2002. The parcels are labeled on the plan as parcels E-3, F-1, F2-A, F2-B, H, and I. This map shall be considered as superimposed over other districts established by these bylaws. The map, as it may be amended from time to time, is on file with the office of the Town Clerk and with the Building Commissioner and, together with any explanatory material thereon, is hereby incorporated in and made part of these bylaws.

9.6.3. Special permit. A special permit may be granted by the Planning Board to allow for single or multipurpose integrated commercial and/or residential uses on a lot in the CPOD. This special permit is not limited to an individual lot, but one application may be submitted and reviewed for a single special permit for multiple lots, provided that such lots are under single ownership or if it can be demonstrated that all owners within the CPOD have agreed to join in the application for a special permit.

9.6.4. Uses allowed and not allowed in the CPOD. All uses allowed in the underlying zoning district shall be allowed for those parcels in the CPOD, unless amended by this Section 9.6. The following uses which may be permitted within the underlying zoning district are not permitted within the CPOD:

1. Temporary parking lots, whether paved or unpaved, serving uses with seating capacities of over 7,500 people within the Special Use Zoning District.

2. Mobile homes/travel trailers.

3. Cemeteries.

4. Seasonal migrant workers quarters, mobile home or watchman's quarters as accessory uses to be permitted industrial uses.

5. Outdoor storage or overnight parking of buses, trucks or other vehicles whose gross vehicle weight (GVW), as determined by the Mass. Registry of Motor Vehicles, equals or exceeds 10,000 pounds.

9.6.5. Uses allowed by special permit. The following additional uses not specified in Table 3-1 shall be allowed by special permit in the CPOD if the use is not allowed in the underlying zoning district. Also, if the following uses, as specified in Table 3-1, are not permitted in the underlying zoning district, they too shall be allowed by special permit in the CPOD:

1. Attached single-family housing.

2. Assisted living facilities.

3. Open space residential developments.

4. Sewage treatment plants and sewage treatment facilities.

5. Water tanks and towers, emergency generators, water filtration plants, utility facilities, power plants and substations.

6. Parking lots constructed to the standards set forth in Section 6.1 of these bylaws.

7. Retail establishments and restaurants with seating. Sale of high-hazard materials or products shall be governed by the provisions noted in Table 3-1.

[Amended 5-13-2019 ATM by Art. 20]

8. [1]All land and buildings that are used for the transaction of business, for the rendering of professional or tradesman services, or for other services that involve stocks of goods, wares, or merchandise in limited quantities for use incidental to office uses or similar purposes.

[1] Editor’s Note: Former Subsection 9.6.5, Paragraph 8, which allowed mercantile/retail uses except restaurants with seating, was repealed 5-13-2019 ATM by Art. 20. Article 20 also renumbered former Paragraphs 9 through 26 as Paragraphs 8 through 25, respectively.

9. Research and development facilities.

10. Laundry or dry-cleaning facilities.

11. Theaters.

12. Museums, with or without an auditorium, in which persons assemble for amusement, entertainment or recreation and incidental motion picture, dramatic or educational presentations, lectures or similar purposes.

13. Private schools.

14. All land and buildings for housing people suffering from physical limitations, including, among others, hospitals, sanitariums, infirmaries, orphanages, and institutions licensed by the Commonwealth of Massachusetts.

15. Dormitories.

16. Multifamily dwellings.

17. Public utility facilities and structures necessary to the service of the Town, excluding storage yards, power plants, water filter plants, sewage treatment and refuse facilities.

18. Telecommunications/Wireless communications facilities (see Section 7.2) as an accessory use.

19. Commuter rail stations, bus stations, and related or accessory structures and improvements.

20. Passive outdoor recreational uses such as beaches, parks, picnic groves, and other similar uses, but not including amusement parks.

21. Low-density recreational uses that predominantly occur within a building such as swimming, tennis, skating and other similar uses.

22. Outdoor recreational uses, including golf driving ranges, miniature golf courses, batting cages, go-carts and bumper boats (except in the Water Resource Protection Overlay District, where such uses shall be prohibited), but not including amusement parks.

23. Accessory uses to multifamily dwellings which are located within the principal building and are limited to: eating establishments; personal service establishments; retail sales establishments selling convenience merchandise.

24. Accessory structures to multifamily structures.

25. Nonresidential accessory uses and structures that do not exceed 15% of the gross area of the principal building or buildings.

9.6.6. Dimensional requirements. The requirements of Table 9-1 shall apply:

Table 9-1 Dimensional Regulations for Chestnut-Payson District [Amended 11-15-2021 STM by Art. 3]
Use	Frontage (feet)	Yards (feet)			Building Height (feet)		Maximum Lot Coverage	Minimum Lot Width (feet)
		Front	Side	Rear				Distance from Street	Width
Attached single-family housing	30	10	0	20	35		85%	0	0
Multifamily housing (including dormitories)	200	20	20	20	40		85%	100	67
Assisted living, age-restricted senior housing	200	20	20	20	40		85%	100	67
Nonresidential (including hotel/motel)	200	15	0	20	40		85%	0	0

9.6.7. Notes to table. These notes apply only to the specific uses listed in Table 9-1.

1. More than one dwelling structure may be located on a lot within the CPOD.

2. Attached single-family housing uses require the formation of a homeowners' association or other provision for ongoing maintenance. Properties must have side yards between groups of buildings.

3. The Planning Board may approve reduced yards where either the clustering of buildings is shown to reduce additional impervious surface and/or if there is reuse of the existing buildings.

4. Note 2 in Table 4-1 does not apply.

5. For CPOD applications that include use of a substantial portion of those buildings under the protection of the Massachusetts Historical Commission (particularly the Main Building wings A-E), there is a density bonus of 30%, applicable to all residential uses within the CPOD.

6. Height restrictions shall apply to any newly constructed building in the CPOD. For CPOD applications that include use of those building under the protection of the Massachusetts Historical Commission, newly constructed buildings within the CPOD shall not exceed 42 feet in height. For CPOD applications that include use of those building under the protection of the Massachusetts Historical Commission, newly constructed buildings within the CPOD shall be no more than three stories, not to exceed 42 feet.

[Amended 11-15-2021 STM by Art. 3]

7. Maximum lot coverage for nonresidential uses in the CPOD shall be 85%.

8. Those dimensional restrictions established in Table 4-2 that are imposed when a nonresidential use abuts a residential district do not apply to the CPOD.

9. The provisions of Sections 6.4.4 and 6.4.5 of these bylaws shall not apply to uses within the CPOD as there is no required side yard setback and in certain cases only a ten-foot front yard requirement within this district. Where possible, a five-foot landscaped strip shall be located in the required front yard of uses within the CPOD.

10. The Planning Board may allow for common driveways within the CPOD.

11. For side yards, a setback of 20 feet will be required between buildings in the CPOD and existing residential developments in adjoining districts.

12. Maximum residential density shall be as follows:

a. Attached single-family housing: three dwelling units per 32,250 square feet of lot area; additional dwelling units shall require 6,125 square feet lot area each.

b. Multifamily housing, including dormitories: three dwelling units per 32,250 square feet of lot area; additional dwelling units shall require 6,125 square feet lot area each.

c. Assisted living, age-restricted senior housing: seven dwelling units per acre.

9.6.8. Parking. The Planning Board shall review the adequacy of parking to be provided using the following design criteria:

1. Parking requirements as set forth in Section 6.1 of these bylaws, except that assisted living facilities shall require one space per four dwelling units.

2. The off-street parking requirements set forth above and in Table 6-1 may be reduced by up to 25% at the discretion of the Planning Board through the special permit process. The Board shall review and consider the request in accordance with Section 6.1.6 of these bylaws.

9.6.9. Site and building design requirements. Applications for a special permit in the CPOD shall meet the requirements as set forth in Section 6.5 of these bylaws.

9.6.10. Application. The Planning Board shall act as the special permit granting authority. Applications for special permits for the CPOD shall be made in accordance with Section 10.4 of these bylaws. All applications shall contain all of the information noted herein. The applicant is encouraged to meet with the Director of Land Use and Economic Development or the designee thereof informally prior to submittal. The application shall include the following:

[Amended 5-8-2023 ATM by Art. 15]

1. The completed application form and the applicable fee to address the administrative, advertising and review costs of the Town.

2. Ten copies of the application package and plans.

3. Site information as required below.

4. A certified list of abutters within 100 feet of the property line.

5. Applications for a special permit in the CPOD shall meet the requirements set forth in Section 10.4 of these bylaws. In addition, the applicant shall submit the following:

a. Statement of development concept, including the planning objectives and the character of the development to be achieved through the CPOD.

b. Development schedule indicating the date when construction of the CPOD would commence and expected completion, including and proposed phasing of development.

c. Statement of how utilities and other infrastructure will be provided, including design standards.

d. Impacts of, mitigation for and benefits from the CPOD.

e. Public access and recreation opportunities resulting from the CPOD.

9.6.11. Criteria for review. Prior to granting a special permit, the Planning Board shall make a determination that the proposed activity is consistent with the general purposes of these bylaws as set forth in Section 9.6.1. The Planning Board shall also make a determination that the benefits of the proposed development will outweigh any adverse effects of the CPOD on the Town. The Planning Board's determination shall include review of the following:

1. Quality of site design to enhance the area, including integration of a variety of land uses, building types and densities, and preservation of natural features.

2. Compatibility with adjacent land uses, including a determination that the proposed development will not have a demonstrable adverse impact on the surrounding area resulting from excessive noise, level of illumination, glare, dust, smoke or vibration that is higher than levels now experienced from uses permitted in the surrounding area; emission or discharge of noxious or hazardous materials or substances; pollution of waterways or groundwater; or transmission of signals that interfere with radio or television reception.

3. Compatibility with existing historic features, including minimization of the removal or substantial alteration of buildings of historic or architectural significance and new uses or the construction of new buildings that are compatible with buildings or places of historic or architectural significance.

4. Traffic flow and safety, particularly with respect to circulation patterns for motor vehicles and pedestrians that would result from the proposed development and that will not result in conditions that unnecessarily add substantially to traffic congestion or the potential for traffic accidents on the site or in the surrounding area.

5. Adequacy of utilities and other infrastructure (such as the sanitary sewer system, the storm drainage system, the public water supply, the street system for vehicular traffic, and the sidewalks and footpaths for pedestrian traffic), including a determination that the development will not create impacts on the public services and facilities serving the development that cannot be accommodated by such services and facilities, or, where there is insufficient capacity in such services and facilities, improvements will be made to provide sufficient capacity.

9.6.12. Peer review. The Planning Board may require the use of a consultant(s) to assist in its review of the special permit application. This shall be at the expense of the applicant, in accordance with applicable rules and regulations. The applicant's refusal to fund this effort shall be considered cause for denial.

9.6.13. Conditions for approval. In addition to the conditions, standards and criteria as may be set forth in Section 10.4 of these bylaws, the Planning Board may impose additional conditions and limitations, as it deems necessary to ensure that the granting of a special permit is consistent with the general purposes of these bylaws, including, but not limited to:

1. Regulation of the number, design and location of access drives or other traffic features of the proposed use;

2. Limitations on the number, location, type and size of signs or illumination or modification of the design features thereof; limitations on construction activities, such as, but not limited to, the hours during which construction activity may take place, the movement of trucks or heavy equipment on or off the site, measures to control dirt, dust, erosion, and measures to protect existing vegetation on the site; requirements for independent monitoring, at the expense of the applicant, and reporting to the Building Commissioner, if necessary to ensure continuing compliance with the conditions of a special permit or these bylaws;

3. Limitations on the period of time this special permit shall be in effect;

4. Such other limitations as may be reasonably related to reducing undue adverse impact on the surrounding area.

9.6.14. Revisions to an approved site plan.

1. The owner or lessee of the site, the Building Commissioner, or the Planning Board may initiate a petition to change or modify a site plan approval within a CPOD after construction has been initiated. This may occur in the event of unforeseen site characteristics, infrastructure problems or other unexpected circumstances. All changes shall be reviewed and discussed by the Planning Board at a regularly scheduled meeting prior to completion of such on the landscape. Changes or modifications shall only be authorized in writing.

2. Changes or modifications may be allowed for an approved site plan where construction has not commenced only after review during a regularly scheduled meeting and written approval of the Planning Board.

3. The Planning Board reserves the right to require a new hearing at the expense of the applicant if it determines that a proposed change or modification is significant.

9.6.15. Decision. The site plan shall be approved and the special permit shall be granted, provided that all requirements of these bylaws are fulfilled. Approval will not relieve the applicant of the responsibility of obtaining other required approvals from local, state or federal agencies.

9.7 Foxborough Center Overlay District (FCOD).

[Added 5-12-2014 ATM by Art. 33]

9.7.1. Vision and purpose. Foxborough Center is recognized as the heart of the Town. Anchored by the Common, the Center is a walkable, mixed-use area that fulfills many of the community's governmental, spiritual, service, residential, and social needs. The purpose of this overlay is to:

1. Promote development or redevelopment of a mix of nonresidential and residential uses in downtown Foxborough.

2. Encourage a mix of uses on a lot or in a building that are appropriate to the needs of the community and the scale of surrounding neighborhoods.

3. Promote an active pedestrian environment and innovative approaches to parking.

4. Provide opportunities for housing, employment and/or shopping in close proximity to residents, municipal facilities and other services.

5. Maintain a consistently high level of design quality throughout the district.

6. Preserve the historic character of the Center and promote compatible development.

9.7.2. Overlay district. The Foxborough Center Overlay District (FCOD) is established as an overlay district encompassing the area more particularly delineated on the plan entitled "Foxborough Center Overlay District (FCOD) Plan in Foxborough, MA," prepared by Metropolitan Area Planning Council, dated May 29, 2013. This map shall be considered as superimposed over other districts established by these bylaws. The map, as it may be amended from time to time, is on file with the office of the Town Clerk and with the Building Commissioner and, together with any explanatory material thereon, is hereby incorporated in and made part of these bylaws.

9.7.3. Relationship to existing zoning and other regulations. The FCOD Bylaw shall not restrict the rights of any owner who elects to utilize the existing underlying zoning district regulations to develop or redevelop land. If an owner elects to utilize the FCOD to develop or redevelop land, the project shall conform to all applicable requirements of this bylaw, including any regulations or guidelines that may be adopted to support this bylaw.

In the FCOD, all requirements of the underlying district(s) shall remain in effect except where these regulations supersede or provide an alternative to such requirements.

If the provisions of this bylaw are in conflict with any other section of the Foxborough Zoning Bylaw, the regulations of the FCOD shall govern.

9.7.4. Pre-application process. Prior to submitting a building application for a project in the FCOD, the applicant shall meet with the Director of Land Use and Economic Development or the designee thereof to address issues and respond to questions concerning such application in order to facilitate the Planning Board's review of such matter.

[Amended 5-8-2023 ATM by Art. 15]

9.7.5. Use provisions.[1]

[Amended 5-8-2023 ATM by Art. 15]

1. Permitted uses. The following uses are permitted uses, allowed by right for any project developed within the FCOD. The projects are subject to any performance standards, Section 6.5; site plan review requirements pursuant to Section 10.5; and design review pursuant to Section 9.2.

[Amended 5-13-2019 ATM by Art. 20; 11-15-2021 STM by Art. 3]

	C.	Retail Uses
	1.	Retail establishment
	2.	Restaurant
	3.	Mercantile/Retail uses, except restaurants with seating which use more than 25% of the gross area of a building

	D.	Business, Service, or Office
	1.	All land and buildings which are used for the transaction of business, for the rendering of professional or tradesman services or for the other services that involve stocks of goods, wares, or merchandise in limited quantities for use incidental to business office uses or similar purposes, except for other uses specified in this Use Group D
	3.	Laundry or dry-cleaning facilities—drop-off only, no on-premises facilities
	5.	Funeral establishments

	E.	Assembly
	1.	Theaters
	4.	Museums, with or without an auditorium in which persons assemble for amusement, entertainment or recreation, and incidental motion picture, dramatic or educational presentations, lectures or similar purposes
	5.	Use of land or structures for religious purposes
	8.	Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation
	9.	Child-care center

	G.	Residential
		Mixed use: up to 3 dwelling units in a mixed-use project; over 3 dwelling units by special permit from the Planning Board
	5.	Two-family dwelling
	6.	Single-family dwellings
	11.	Accessory apartment
	13.	Bed-and-breakfast

	H.	Agricultural Uses
	1.	Use of land for the primary purpose of agriculture, horticulture, floriculture or viticulture on a parcel of more than five acres in area

	I.	Public and Quasi-Public Facilities
	2.	Essential services
	3.	Municipal facilities and structures necessary to the service of the Town, excluding storage yards, power plants, water, filter plants, sewage treatment plants and refuse facilities.
	7.	Municipal recreation facility

	L.	Accessory Uses
	3.	Residential accessory uses and structures. Residential storage structures shall not exceed 400 square feet of gross area or 21 feet in height; the gross area of temporary wayside stands shall not exceed 400 square feet
	4.	Residential garages that do not exceed 21 feet in height and have a footprint that does not exceed 625 square feet
	7.	Accessory uses to multifamily dwellings which are located within the principal building and are limited to eating establishments, personal service establishments; retail sales establishments selling convenience merchandise
	10.	Home occupation, intensive
	11.	Home occupation, nonintensive

2. Uses not permitted in the FCOD. For developments proposed to utilize the optional overlay, the following uses permitted within the underlying zoning district(s) are not permitted:

	C.6	Commercial storage garages/motor vehicle repair shops
	D.3	Laundry and dry cleaning (commercial facility)
	L.2	Seasonal worker housing as accessory use
	L.13	Keeping of livestock on 2+ acres
	M.3	Excess parking spaces

	The following uses, authorized by grant of a special permit in the underlying zoning district(s), are not permitted in any development utilizing the overlay:
	A.3	Motor vehicle fuel facility (BA)
	B.4	Temporary parking lots (PB)
	D.2	Research and development (PB)
	D.8	Truck terminal/public warehouse (PB)
	D.9	Automobile storage or auction facility (PB)
	F.1	Hospitals, sanitariums, orphanages (BA)
	G.3	Dormitories (BA)
	I.4	Telecommunications (BA)
	J.7	Wellness and recreation center (PB)
	L.1	Accessory storage of waste materials (BA)
	L.12	Keeping of livestock on less than 2 acres (BA)
	L.15	Drive-through facility (PB)

3. Uses allowed by special permit. The following uses may be authorized by grant of a special permit from either the Planning Board or the Board of Appeals, as noted below:

		Mixed-use project with more than 3 dwelling units (Planning Board)
	C.11	Brew pub (Planning Board)
	E.2	Night clubs, dance halls (Planning Board)
	L.9	Nonresidential accessory uses and structures which do not exceed 15% of the gross area of the principal building or buildings (Board of Appeals)

[1] Editor's Note: See Table 3-1, Table of Uses.

9.7.6. Dimensional requirements. The following dimensional requirements shall apply in the FCOD:

[Amended 11-15-2021 STM by Art. 3]

Table 9-2 Dimensional Regulations for Foxborough Center Overlay District (FCOD)
Use	Area (square feet)	Frontage (feet)	Yards (feet)			Building Height (feet)		Minimum Lot Width (feet)
			Front	Side	Rear			Distance from Street	Width
All		20	10	10	10	40		0	0

9.7.7. Notes to Dimensional Regulation Table.

1. The Planning Board, by grant of a special permit, may vary any of the above dimensional requirements. Subject to the provisions of Section 4.4.2., no principal structure in the FCOD may be constructed to a height in excess of 60 feet.

[Amended 11-15-2021 STM by Art. 3]

2. When any yard (front, side, rear) of a multifamily or nonresidential structure abuts a single- or two-family home, site plan review will include specific review of all proposed landscaping in order to provide a year-round visual buffer between uses.

9.7.8. Parking. Parking requirements: Within the FCOD, the following parking requirements apply. Parking shall not be allowed within the front or side yard dimensional setbacks.

[Amended 5-13-2019 ATM by Art. 20]

	Use	Minimum Parking Spaces	Maximum Parking Spaces
	Studio/1-bedroom	1 per unit	1 per unit
	All other residential units	1.5 per unit	2 per unit
	Retail establishments and service establishments	1 space for each 300 square feet of gross floor area on the first floor of a building, and 1 space for each 500 square feet of gross floor area thereafter for all floors used for office retail or service businesses, excluding basement storage area	1 space for each 250 square feet of gross floor area on the first floor of a building, and 1 space for each 400 square feet of gross floor area thereafter for all floors used for office retail or service businesses, excluding basement storage area
	Mixed uses	See Section 6.1.5, Notes to Table 6.1 Off-Street Parking Requirements	Spaces required will be the sum of the requirements of the various individual uses
	All other uses		See Table 6.1

9.7.9. Notes on parking requirements.

1. Section 6.1.6 reduction in off-street parking applies in the FCOD, with the modification that within the FCOD, no percentage is specified.

2. Section 6.1.2(2) relation to use applies for all uses in the FCOD.

9.7.10. Shared on-site parking for mixed-use development.

1. Noncompeting uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 50% of the requirements for the predominant use may be waived by the Planning Board if the applicant can demonstrate that the peak demands for two uses do not overlap.

2. Competing uses. In mixed-use developments, applicants may propose a reduction in parking requirements where peak demands do overlap. In these cases, the Planning Board may reduce the parking requirements of the predominant use by up to 30%.

9.7.11. Criteria for review. Projects developed utilizing the Foxborough Center Overlay District are subject to the review provisions of the Foxborough Zoning Bylaw Section 6.5, Performance standards; Section 10.5, Site plan review; and Section 9.2, Design Review Overlay District.

In addition, the Planning Board shall ensure that the following criteria are met during any special permit or site plan review:

1. Context: To ensure development that is in harmony (or contextual) with Foxborough Center, the standards of the Design Review Overlay District (Section 9.2.5) for proportions, roof design, scale of structure, facades, etc. should be addressed. Proposed development should be consistent with the Town Master Plan.

2. Entrances:

a. For visibility and accessibility, all primary commercial building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk.

b. Where parking is located to the rear of a building, any rear entrance is to be visible and accessible from the parking lot. Directional signage to the building entrance(s) shall be installed. All entrances are to have sufficient illumination at night time.

3. External materials and appearance:

a. External building treatments shall relate to and be in harmony with surrounding structures.

b. Predominant wall materials shall have the appearance of wood, brick or stone.

c. Except for minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Window panes shall be nonreflective.

d. Ground floor commercial building facades facing streets shall contain transparent windows encompassing a minimum of 35% of the facade surface.

4. Vehicle and bicycle parking:

a. Parking areas shall be located behind or beside buildings wherever possible.

b. Bicycle parking shall be provided for all new developments.

c. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet these requirements.

5. Sustainable building design: It is desirable that new buildings incorporate green building techniques (such as those developed by the U.S. Green Building Council) to the maximum extent feasible.

6. Historic structures, as designated by the Foxborough Historic Commission:

a. Wherever possible, existing historic structures on the site shall be preserved and renovated for use as part of the development.

b. Any alteration of or addition to an existing historic structure shall employ materials, colors and textures as well as massing, size, scale and architectural features that are compatible with the original structure. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved. Awnings and canopies shall be compatible with the architectural style of the building.