Monthly Archives: January 2016

Fire Station & Funeral Home

BOS didn’t like what the buyers brought to the table. They did not have a plan as required by the paperwork included in Zeskos Auction information but is their proposed use not allowed? Why are a couple of the BOS being so stubborn on what they believe should be there instead of what is allowed there?

There are three parcels not all under the same zoning requirements. Nothing in the paperwork available on the auctioneers’ site stated the parcels had been combined/redeeded into one parcel, nor did it state anywhere only what the BOS envisioned being there is what will be acceptable in order to get a Municipal Conversion Permit.

As defined in Section 7 of the Town of Foxborough bylaws the purpose of a “Municipal Conversion Permit” is “to administer the conversion of municipally-owned property in a manner that will be in harmony with the intent of these By-Laws and that will ensure the integrity of abutting neighborhoods.”

Applicants must still file plans and paperwork and comply with all othe applicable by-laws and regulations.

 

How is a mixed use office building not in line with the neighborhood? When firemen were living upstairs at the firehouse and working downstairs, that was a mixed use business office and residential space. Funeral home…office, work space, and apartments.
 

Parking an issue? Build a parking garage; could be staggered into the slope of Rock Hill Street or under the buildings or rooftop parking.
 

There is an on-site septic system at the former funeral home and the auction documents claim there are “future plans to install a sewer line on Market Street”.

How does one BOS member get away with saying the parcels are supposed to be one and that sewer has to be through the existing line into the fire station?
 

Board not satisfied with answers from Duffys

She also said that one of the reasons the town had sold the buildings was to “kick things off” for development downtown, and that a major part of that involved developing the parcels as a unit in order to enhance the area’s sewer access.

NOWHERE in the documents does it state that the three parcels would now be considered one lot. If that were the case, there would have been a deed modification filed at the Registry Of Deeds making them all one parcel. The parcels were put up for auction to take them off the “no tax generated” and not being maintained lists and generate some cash for other town projects.
 

What does the BOS want there? Will they build it themselves? Own it? Operate it?
 

Jon Stewart was right….”If you smell something, say something!”…BOS reaction smells.

FCOD = Foxborough Center Overlay District – Section

9.7
 
Zoning map

 

—————————————-
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 within the FCOD, the applicant shall contact the Town Planner to arrange a pre-application meeting to review the project. The Town Planner will coordinate, if applicable, further pre-application meetings with the Planning Board and/or a joint administrative meeting. The purpose of the pre-application process is to answer questions and concerns in order to streamline the review process for applicants.
9.7.5.
Use provisions.[1]
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.

C.

Mercantile/Retail

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. Gross area of residential storage structures shall not exceed 400 square feet or 1.5 stories; the gross area of temporary wayside stands shall not exceed 400 square feet

4.

Residential garages which do not exceed 1 1/2 stories in height and a footprint not to exceed 1 1/2 stories in height and a footprint not to 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:
Table 9-2
Dimensional Regulations for Foxborough Center Overlay District (FCOD)
Use

Area
(square feet)

Frontage
(feet)

Yards
(feet)

Building Height

Minimum Lot Width
(feet)
Front

Side

Rear

Stories

Feet

Distance from Street

Width
All

20

10

10

10

3.5

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. Consistent with Section 4.4.2, any principal structure may not exceed 60 feet, nor more than four stories in height, in the FCOD.
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.

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 business 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.

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