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