Town ofFoxboroughMassachusetts

2009 May 11 Annual Town Meeting

TOWN CLERK'S REPORT

ANNUAL TOWN MEETING

Monday, the Eleventh Day of May, 2009

The Annual Town Meeting of the Town of Foxborough convened at 7:45 PM in the auditorium of the Foxborough Senior High School, 120 South Street, Foxborough, Massachusetts with, newly elected, Town Moderator Francis J. Spillane presiding. Paul H. Sangree, Pastor of the Bethany Congregational Church, delivered the invocation. Gary E. Whitehouse of the Advisory Committee led the Pledge of Allegiance, and Shauna Peterson of the Foxborough High School Choir sang the National Anthem. Town Clerk Robert E. Cutler, Jr., read the Warrant and Return.

There were five hundred fifty-nine (559) registered voters recorded as present [a quorum being one hundred (100) registered voters].

ARTICLE 1: The election of Town Officials was held on Monday, the fourth day of May 2009. The results of the following positions were announced at the John J. Ahern Middle School by Kathleen M. Brady, Town Warden: two Selectman for three years; one Assessor for three years; two School Committee members for three years; one Water & Sewer Commissioner for three years; one Board of Health member for three years; two Boyden Library Trustees for three years and two Planning Board members for three years; one Housing Authority member for five years and; one Housing Authority member for 3 years and; one Moderator for one year.

ARTICLE 2: Town Clerk, Robert E. Cutler, Jr., presented the 230^th Annual Report of the Town Officers of Foxborough, Massachusetts together with the report of the School Department and Town Accountant/Finance Director for the year ending December 31, 2008.

ARTICLE 3: Moved to hear the report of any committee and act thereon, and to choose any committee that may be wanted, and to raise and appropriate such sums of money deemed necessary for expenses of any committee chosen under this appropriation by taxation or by transfer from available funds.

No reports were given.

ARTICLE 4: Moved that the Town vote the compensation for elected officials and to raise and appropriate the sums of money herein specified and requested by the Board of Selectmen for the various departments for expenditures within the fiscal year July 1, 2009 through June 30, 2010 for the purposes herein mentioned and to meet said appropriations as follows:

AMOUNT
Taxation, State Aid & Local Receipts	$ 46,179,115.76
Federal Grant	$ 615,488.00
Free Cash	$ 1,160,736.00
Ambulance Receipts	$ 415,000.00
Water Receipts	$ 3,360,316.92
Sewer Receipts	$ 1,025,154.19
Landfill Receipts	$ 1,051,453.13
Landfill Retained Earnings	$ 50,000.00
/	$ 53,857,264.00

Items NOT held

ADOPTED: 480 Aff. 4 Neg. 8:25 PM

Item #171 472 Aff. 15 Neg. 8:35 PM

Item #235 503 Aff. 23 Neg. 8:40 PM

Item #610 502 Aff. 40 Neg. 8:45 PM

Item #450 499 Aff. 16 Neg. 8:50 PM

ARTICLE 5: Moved that the recommendations of the Capital Improvement Planning (“CIP”) Committee be adopted and that Two Million Three Hundred Twenty-two Thousand Dollars ($2,322,000) be transferred or appropriated from the sources specified in the following chart to p ay for the purposes herein mentioned in order to implement the CIP budget request for Town Departments for FY 2010.

DEPARTMENT/Description	CIP FY 10	Recommended Funding Sources
Conservation	78,000	Free Cash
Police	25,000	Apparatus Revolving
Fire	596,000	$200,000 Free Cash, $271,000 Ambulance Receipts, $25,000 Apparatus Revolving, $100,000 Overlay Surplus
Highway	45,000	Free Cash
Highway (Chapter 90)	400,000	Chapter 90 State Allocation
Public Schools	648,000	Free Cash
Water Enterprise	340,000	Water Receipts
Sewer Enterprise	190,000	Sewer Receipts
/	2,322,000	/

Funding Summary:	Free Cash	971,000
/	Ambulance Receipts	271,000
/	Overlay Surplus	100,000
/	Police Apparatus Revolving Account	25,000
/	Fire Apparatus Revolving Account	25,000
/	Chapter 90	400,000
/	Borrowing	-
/	Water Receipts	340,000
/	Sewer Receipts	190,000
/	Total	2,322,000

ADOPTED: 510 Affirmative 4 Negative 8:53 PM

ARTICLE 6: Moved that~the sum Nineteen Million Nine Hundred Thirty-seven Thousand Six Hundred Ninety-four ($19,937,694) Dollars be hereby appropriated for the construction costs in order to complete the repair and/or renovation of Foxborough High School, located at 120 South Street, Foxborough,~including the hiring of engineers, architects, and/or consultants for the purpose of preparing design plans and specifications, to include contract documents and estimates of construction costs relating thereto of said facility, it being understood that the proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program;~said sum to be expended under the direction of the School Building Committee; and to meet said appropriation, Fifty Thousand ($50,000) Dollars shall be transferred from unexpended funds in the Joint Public Safety Building Capital Project Account; and the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Nineteen Million Eight Hundred Eighty-seven Thousand Six Hundred Ninety-four ($19,887,694) Dollars under M.G.L. Chapter 44,§7(A) or any other enabling authority; that the Town of Foxborough acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the Town of Foxborough incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town of Foxborough; provided further that any grant that Town of Foxborough may receive from the MSBA for the project shall not exceed the lesser of 49.3 percent (%) of eligible, approved project costs, as determined by the MSBA, or Nine Million Three Hundred Eighty-seven Thousand Two Hundred Thirty-six ($9,387,236) Dollars, the total maximum grant amount determined by the MSBA; provided that any appropriation hereunder shall be subject to and contingent upon an Aff. vote of the Town by ballot to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. 59, Section 21C (Proposition 2 ½ ); and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of Foxborough and the MSBA and any other transfer from available funds. 2/3rds vote required

ADOPTED 550 Aff. 12 Neg. 9:06 PM

Motion to reconsider

NOT ADOPTED 2 Aff. 570 Neg. 9:07 PM

ARTICLE 7: Moved that the Town vote to amend its Revised Consolidated Personnel By-Law, as amended in accordance with the terms and conditions of a document entitled “Revised Consolidated Personnel By-Law 2009”, a copy of which is on file with the Town Clerk; and to raise and appropriate the sum of One Hundred and Eleven Thousand Four Hundred and Forty-Three ($111,443.00) Dollars to supplement the wage and salary amounts voted under Article #4 of the Warrant, and to meet said appropriation as follows:

Funding Summary	/
Free Cash	$ 97,873
Water Receipts	$ 11,353
Sewer Receipts	$ 1,646
Landfill Receipts	$ 571
$111,443

ADOPTED 360 Affirmative 4 Negative 9:13 PM

ARTICLE 8: Moved that Three Hundred and Fifty-Nine Thousand Eight Hundred and Thirty-Six ($359,836) Dollars be appropriated to fund the cost items for Fiscal Year 2010 in a collective bargaining contract between the Town of Foxborough (represented by the Board of Selectmen) and Foxborough Permanent Firefighters Association, Local 2252, in accordance with Chapter 150E of the General Laws of the Commonwealth, and that the Town's classification and compensation plan be amended accordingly to reflect such contract.~ The breakdown of funding is as follows

$ 63,646 for FY 2008

$ 128,657 for FY 2009

$ 167,533 for FY 2010

And to meet this appropriation, $359,836 be transferred from free cash in the treasury of the town.

ADOPTED 350 Affirmative 2 Negative 9:18 PM

Motion to Reconsider

NOT ADOPTED 3 Affirmative 340 Negative 9:20 PM

ARTICLE 9: Moved that the three revolving accounts described as follows be re-authorized pursuant to Massachusetts General laws chapter 44, Section 53E ½ for the Fiscal Year 2010, beginning July 1, 2009:

Revolving

Fund #

Name of Revolving

Fund

Spending

Authority

Revenue

Sources

Use of Funds

FY 10 Spending

Limit

Recreation

Revolving

Board of

Recreation

Monies from Program

participation

Recreation Department

programs

$120,000

Police and Fire

Vehicle Apparatus

Utilization

Revolving Fund

Town Manager

Vehicle apparatus rental

fees collected from vendors hiring Police and/or Fire details requiring the use a Police

and/or Fire vehicle

Repair, Replacement

or purchase of equipment for Fire and Police vehicles

$50,000

Patriot Place

Revolving Fund

Town Manager

Portion of Inspection fees Required to be paid out to inspectors for their inspectional work or direct Reimbursements for consulting services rendered for this development

To pay for inspectional and related costs incurred in connection with the development project known as Patriot Place

$100,000

ADOPTED 320 Affirmative 1 Negative 9:22 PM

ARTICLE 10: Moved that the FY 2009 Annual Operating Budget as voted pursuant to Article 4 of the May 12, 2008 Annual Town Meeting be hereby amended as follows:

Revised

FY 2009 FY 2009 Funding

Dept # Dept. Line Item BudgetAdjustment Budget Source

760 Debt Expenses 125,000 -75,000 50,000

241 Inspection Salaries 258,178 50,000 308,178 Patriot Place Revolving

Account

ADOPTED 305 Affirmative 4 Negative 9:25 PM

ARTICLE 11: Moved that the FY 2009 Annual Operating Budget as voted pursuant to Article 4 of the May 12, 2008 Annual Town Meeting be hereby amended as follows:

Revised

FY 2009 FY 2009 Funding

Dept # Dept. Line Item Budget Adjustment Budget Source

450 Water Enterprise 860,650 210,000 1,070,650 Water Receipts

Expenses

ADOPTED 290 Aff. 2 Neg. 9:28 PM

ARTICLE 12: Moved that the FY 2009 Annual Operating Budget as voted pursuant to Article 5 of the May 12, 2008 Annual Town Meeting be hereby amended as follows:

Revised

CIP FY2009 FY2009 Funding

Dept./Description Requested Adjustment Request Source

Sewer Enterprise 200,000 -35,000 $165,000 Sewer Receipts

& Retained Earnings

ADOPTED 280 Affirmative 0 Negative 9:30 PM

ARTICLE 13: Moved that Massachusetts General Laws, Section 4 of Chapter 73, of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows additional real estate tax exemptions of one hundred percent (100%) to persons who qualify for property tax exemptions under Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A and 41C of Section 5 of Chapter 59 of the General Laws be hereby accepted by the town, and that~gross income and estate qualifying limits for Clause 41C be set as follows: Married gross income limit of $25,000, Married whole estate asset limit of $30,000, Single gross income limit of $ 18,500, and Single whole estate asset limit of $28,000.

ADOPTED 278 Aff. 0 Neg. 9:32 PM

ARTICLE 14: Moved that One Hundred~Twelve Thousand Six Hundred Seventy-Eight Dollars ($112,678), an amount equal to the Retiree Drug Subsidies received in 2008 from the U.S. Dept. of Health & Human Services, be transferred from Free Cash in the treasury of the town to the Health Trust Fund in order to fund future health insurance costs.

ADOPTED 260 Aff. 0 Neg. 9:34 PM

ARTICLE 15: Move no action on Article # 15. (Amend Sewer Act)

ADOPTED 250 Aff. 0 Neg. 9:36 PM

ARTICLE 16: Moved that the Board of Selectmen or the Town Manager with the approval of the Board of Selectmen, be authorized, pursuant to G.L. c. 40 and St. 2004, Ch. 5, to accept, upon terms acceptable to the Board of Selectmen and Town Manager, the fee title to, permanent easements over or lesser interests in all or any portions of those parcels and improvements thereto located off Route 1 and further described below, for the purposes of constructing a footbridge within the areas shown on the plan entitled “Proposed Route One Pedestrian Bridge, Option 1,” dated March 5, 2009, prepared by Vanasse Hangen Brustlin, Inc. and for providing to the general public access by foot over such footbridge and to, from and through such parcels, and further that the Board of Selectmen and Town Manager, with the approval of the Board of Selectmen, be authorized to transfer, convey or dispose of such parcels, or any portions thereof, interests therein or improvements thereto, to the Commonwealth of Massachusetts or any of its political subdivisions, governmental bodies or agencies.

Assessor ID~~~~ ~~~~~~~ Address

Map 9, Parcel 135~~~~~~ 67 Washington Street

Map 10, Parcel 1024~~~~ 1 Patriot Place~

2/3rds vote required

ADOPTED 220 Affirmative 14 Negative 9:45 PM

ARTICLE 17: Moved that the Revised General By-Laws of the Town of Foxborough, Article V, Town Regulations, Section 18 Right-of-Way By-Law be amended by adding a new Section XI as follows:

“XI. EXEMPTION FOR LICENSED CABLE OPERATORS AND PUBLIC UTILITIES

Notwithstanding any provision of this By-Law to the contrary, any (i)Applicant that holds a valid license issued by the Town pursuant to G.L. c. 166A, § 3 (a “CATV License”) or (ii)Applicant that is a Public Utility and that holds a valid Grant of Location issued pursuant to G.L. c. 166 to install, maintain and operate its Facilities in the Rights-of-Way, shall not be required to submit to the Town an Application for permission to install, maintain or operate Facilities legally authorized by such Applicant's CATV License or Grant of Location and shall be exempt from complying with the provisions of this By-Law, provided, and to the extent that, such Applicant's CATV License or Grant of Location authorizes the Applicant to install, maintain and operate its Facilities in the Town and provided that such Applicant remains in compliance with all the requirements and conditions of (i) its CATV License, (ii) its Grant of Location, (iii) G.L. c. 164, G.L. c. 166 and G.L. c. 166A, as applicable, and (iv) regulations of the DTE.”

ADOPTED 213 Aff. 0 Neg. 9:51 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 18: Moved that the Revised General By-Laws of the Town of Foxborough, Article V, Town Regulations, Section 15(A) Street Opening and Public Works Construction License By-Law be amended by adding to section 1C General a new third Paragraph as follows:

"In accordance with the Town's Five-year Street Cut Moratorium policy, except as may otherwise be provided by federal or state law, no street opening work in or under a public way shall be allowed before the date that is five years from the date that such way or any portion thereof is paved or re-paved. Appeals of this five-year moratorium shall be through a written request to the Board of Selectmen. The Board of Selectmen in their decision on any such appeals shall consider economic hardships, the applicants potential use of trenchless "no-dig" installation technology, the size of the proposed street cut, the location of the proposed street cut and whether the affected portion of the way is paved, the applicant's proposed method of pavement restoration, including pavement grinding and overlay fifty-feet on both sides of the trench, infrared treatment of the trench pavement, and any other economic or technical considerations presented by the applicant or Superintendent.", and that the Board of Selectmen be authorized to establish a notification policy to provide to the residents and property owners in the Town advance notification of the pavement or replacement of public ways.

ADOPTED 182 Aff. 4 Neg. 10:00 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 19: Moved that Section 15(C): Excavation and Trench Safety, of the Revised General By-Laws, Article V, Town Regulations of the Town of Foxborough, be amended as follows:

by deleting the first sentence of subsection "2. Authority, Fee." and replacing it with the following two new sentences:

"Pursuant to the provisions of MGL Ch. 82A, the regulations of the Department of Public Safety in conjunction with the Division of Occupational Safety as promulgated under 520 CMR 14.00 regarding excavation and trench safety, except for 520 CMR 14.01, 14.03(2)(b), and 14.05(3) and (4), are expressly incorporated into this by-law by reference. Furthermore, 14.02 is incorporated into this by-law except for the definition of "permitting authority", 14.05 is incorporated into this by-law by inserting the words "and this by-law" after the words "520 CMR 14.03", and 14.05(7) is incorporated into this by-law except for the words "in accordance with G. L. c. 30A, § 14" and

by adding the following new phrase at the beginning of the first sentence of subsection "6. Violations.”:

"Except (in order to avoid duplicate state and town penalties) where the Department of Public Safety has assumed jurisdiction over a violation of the state excavation and trench regulations."

ADOPTED 140 Aff. 4 Neg. 10:06 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 20: Moved that the Revised General By-laws, Article IV, Section 1, paragraph 4, be amended by adding the following new last sentence:

"However, the Board of Selectmen, acting through the Town Manager pursuant to Chapter 5 of the Acts of 2004 (An Act Providing For A Selectmen-Town Manager Form~Of Government In The Town Of Foxborough)~and with the approval of the Advisory Committee, shall be authorized to transfer previously appropriated funds to another use pursuant to Chapter 77 of the Acts of 2006, which provides that

"[a] town may, by majority vote at any meeting duly held, transfer any amount previously appropriated to any other use authorized by law. Alternatively, the selectmen, with the concurrence of the finance committee or other entity establish under section 16 of chapter 39, may transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year to apply to the previous fiscal year, any amount appropriated for the use of any department other than a municipal light department or a school department to the appropriation for any other department or within a department, but the amount transferred from 1 department to another or within a department may not exceed, in the aggregate, 3 per cent of the annual budget of the department from or within which the transfer is made or $5,000, whichever is greater."

ADOPTED 130 Aff. 2 Neg. 10:07 PM

Approved by the A. G. August 24, 2009. REC

ARTICLE 21: Moved that Article V, Section15(A).I.H. of the Revised General By-laws be amended by deleting each of the specific dollar amounts of insurance coverage required and replacing each with the words “in an amount to be set by the Board of Selectmen.”

ADOPTED 138 Aff. 0 Neg. 10:09 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 22: Moved that the Revised General By-laws be amended as follows: by amending Article IV, Section 6 by deleting the word “rubbish” wherever it appears and replacing it with the term “solid waste”

and by amending Article V, Section 5.F.1. by deleting “(month, day, year)” and replacing it with “November 29, 1993”

and by amending Article V, Section 15(B).IV.A.6. by adding the words “or signs carried or towed by aircraft of any kind.”

ADOPTED 130 Aff. 1 Neg. 10:12 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 23: Moved that the Revised General By-laws be amended as follows:

by amending Article III, Section 1, first paragraph, by adding the following new penultimate sentence:~ “The moderator shall fill any vacancy occurring in the committee's membership after an annual town meeting until the following annual town meeting, unless the office of moderator is vacant, in which case the committee shall fill any such vacancy by majority vote.”

~and by amending Article III, Section 2 by deleting the first sentence of the second paragraph and replacing it with the following:~“The moderator shall fill any vacancy occurring in the committee's membership after an annual town meeting until the following annual town meeting, unless the office of moderator is vacant, in which case the committee shall fill any such vacancy by majority vote.”~

ADOPTED 130 Aff. 0 Neg. 10:15 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 24: Moved that the Revised General By-laws be amended as follows:

by amending Article V, Section 1 by deleting paragraphs 3 and 14;

and by amending Article V, Section 1, paragraph 27 as follows:~ by adding the following new last sentence to the second paragraph entitled Definition:~ “This definition shall include without limitation a person who unless otherwise authorized by law, for any commercial purpose, shall canvass, distribute or sell papers (other than newspapers), circulars, books, merchandise or services by going from house to house throughout the Town;”

and by amending Article V, Section 1, paragraph 27 as follows: by amending the second paragraph entitled Application by deleting the following sentence after subparagraph (i): “At the time of filing the application, each applicant shall pay a fee of two ($2.00) dollars” and replacing with the following:~ “At the time of filing the application, each applicant shall pay a reasonable fee in an amount to be fixed from time to time by the chief of police pursuant to M.G.L. c.40, Section 22F.”

and by amending Article V, Section 1 by deleting paragraph 4.

ADOPTED 110 Aff. 5 Neg. 10:27 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 25: Moved that Revised General By-laws Article V, Section 1, fourth paragraph and Article V, Section 3.B. be amended so that both read as follows:

“No person shall own or keep in the Town any dog which by biting, excessive barking, howling or in any other manner disturbs the quiet of the public or the peace and quiet of any neighborhood or endangers the safety of any person.”

ADOPTED 122 Aff. 2 Neg. 10:36 PM

Approved by the A.G. August 24, 2009. REC

ARTICLE 26: Moved that the Town vote to adopt the 40R Zoning Overlay District as an amendment to the Foxborough Zoning By-Laws by adding a new section 9.15 as printed in the warrant.

Add the following new Section 9.15:

SECTION 9.15: FOXBOROUGH SMART GROWTH OVERLAY DISTRICT (FSGOD)

A. Purpose:

It is the purpose of this Section to establish the Foxborough Smart Growth Overlay District (FSGOD), to encourage smart growth in accordance with the purposes of G.L. c. 40R, to foster a range of housing opportunities and to propose a distinctive and attractive site development program that promotes compact design, preservation of open space and a variety of transportation options, including enhanced pedestrian access to employment and transportation. Other objectives of this Section are to:

1. Promote the public health, safety and welfare, by encouraging diversity of housing opportunities;

2. Provide for a full range of housing choices for households of all incomes, ages and sizes, in order to meet the goal of preserving municipal character and diversity;

3. Increase the production of a range of housing units to meet existing and anticipated housing needs;

4. Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

5. Establish requirements, standards and/or guidelines for, and ensure predictable, fair and cost-effective, development review and permitting;

6. Establish development standards to allow context-sensitive design and creative site planning;

7. Enable the Town to receive Zoning Incentive Payments and Density Bonus Payments in accordance with G. L. c. 40R and 760 CMR 59.06, and additional Chapter 70 aid in accordance with G.L. c. 40S, arising from the development of housing in the FSGOD.

B. Definitions:

For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this Section 9.15. To the extent that there is any conflict between the definitions set forth in this Section and the Enabling Laws, the terms of the Enabling Laws shall govern.

Affordable Homeownership Unit: An Affordable Housing unit required to be sold to an Eligible Household.

Affordable Housing: Housing that is affordable to and occupied by Eligible Households.

Affordable Housing Restriction: A deed restriction of Affordable Housing meeting the requirements of G.L. c. 184, § 31, and the requirements of Section 9.15.D.

Affordable Rental Unit: An Affordable Housing unit required to be rented to an Eligible Household.

As-of-right Project or Project: A residential development allowed under Section 9.15.E without recourse to a special permit, variance, zoning amendment or other form of zoning relief.

Assisted Living Facility: A facility licensed by the Executive Office of Elder Affairs, pursuant to G.L. c. 19D and all applicable requirements. This definition shall not include any other form(s) of group living quarters, such as group foster care group homes, single room occupancy residences, rooming or lodging houses or other facilities, as listed in 651 CMR 12.01.

Design Standards: See Section 9.15.J.

DHCD: The Department of Housing and Community Development of the Commonwealth of Massachusetts, or any successor agency.

Eligible Household: An individual or household whose annual income is less than 80 percent (80%) of the “Area Wide Median Income,” as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

Enabling Laws: G.L. c. 40R and 760 CMR 59.00, et seq.

Multifamily Use: Dwelling containing four (4) or more dwelling units.

Plan Approval: Standards and criteria that a Project in the FSGOD must meet under the procedures established herein and in the Enabling Laws.

Plan Approval Authority: For purposes of reviewing applications and issuing decisions on Projects within the FSGOD, the Plan Approval Authority (PAA), consistent with G.L. c. 40R and 760 CMR 59.00, et seq., shall be the Planning Board. The PAA is authorized to approve a Site Plan to implement a project.

Recreational Uses: Active recreational uses, including but not limited to ball fields, and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.

Site Plan: A plan depicting a proposed Project for all or a portion of the FSGOD, that is submitted to the Plan Approval Authority for its review and for Plan Approval in accordance with provisions hereof.

Substantially Developed Land: Land within the FSGOD that is currently used for commercial, industrial, institutional or governmental use, or for residential use consistent with or exceeding the densities allowable under the underlying zoning.

Townhouse Use: Dwelling containing two (2) or three (3) dwelling units.

Zoning By-Laws: The Foxborough Zoning By-Laws.

C. Overlay District:

1. Establishment. The FSGOD is an overlay district having a land area of approximately 22.36 acres, being portions of Assessor's Map 54, Lots 818, 818-1, 818-2, 818-3 and 6058, that is superimposed over the underlying zoning district, as shown on the zoning map entitled “Foxborough Smart Growth Zoning District, Foxborough, Massachusetts, Zoning Map” dated March 24, 2009, annexed hereto as Appendix A. Said zoning map is hereby made a part of the Zoning By-Laws and is on file in the Office of the Town Clerk.

2. Underlying Zoning. The FSGOD is an overlay district superimposed on all underlying zoning districts. Except as limited herein, the underlying zoning shall remain in full force and effect.

3. Applicability of FSGOD. In accordance with the provisions of G.L. c. 40R and 760 CMR 59.00, et seq., an Applicant for a Project located within the FSGOD may seek Plan Approval in accordance with the requirements of this Section 9.15. In such case, notwithstanding anything to the contrary in these Zoning By-Laws, such Plan Approval shall not be subject to any other provisions of these Zoning By-Laws, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation, to a local moratorium on the issuance of such permits or to building permit or dwelling unit limitations, including but not limited to any rate of development limitations provided in the Zoning By-Laws. When a building permit is issued for any Project approved in accordance with this Section 9.15, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to Section 9.15.H.2 for such Project.

D. Housing and Affordability:

1. Marketing Plan. Prior to granting Plan Approval for housing within the FSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to Section 9.15.H.2, below, shall include details about construction related to the provision, within the Project, of units that are accessible to the disabled. The marketing plan must be approved by DHCD prior to the issuance of a building permit for a Development Project.

2. Number of Affordable Housing Units. For all Projects, not less than twenty percent (20%) of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the Affordable Units proposed are Rental Units, not less than twenty five percent (25%) of the total housing units in any building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where restricted to households earning less than 50% of “Area Wide Median Income.” For the purpose of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit.

3. Requirements. Affordable Housing shall comply with the following requirements:

a. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one (1), unless other affordable program rent limits approved by DHCD apply.

b. For an Affordable Homeownership Unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance and parking shall not exceed 30 percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one (1).

c. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.

d. The FSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the FSGOD may be exclusively for the elderly, persons with disabilities or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations, and not less than 25 percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable Housing.

e. At least ten percent (10%) of the Affordable Housing Units shall be handicapped-accessible.

4. Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and shall be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be at least proportionate to the total number of bedrooms in all of the units in the Project of which the Affordable Housing is part.

5. Affordable Housing Restriction. Each Unit of Affordable Housing shall be subject to an Affordable Housing Restriction that is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and, prior to such recording, has been approved by DHCD. Such Affordable Housing Restriction shall contain the following:

a. Specification of the term of the affordable housing restriction, which shall be in perpetuity.

b. The name and address of a Monitoring Agent with a designation of its power to monitor and enforce the affordable housing restriction.

c. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms, and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically-identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification.

d. Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by DHCD, the housing marketing and selection plan may provide for preferences in resident selection for the Affordable Housing Units. The plan shall designate the household size appropriate for a Unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size.

e. A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan.

f. Reference to the formula pursuant to which rent of a Rental Unit or the maximum resale price of a Homeownership Unit will be set.

g. A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any Unit of Affordable Housing shall be given to the Monitoring Agent.

h. Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Monitoring Agent.

i. Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the Town, in a form approved by municipal counsel, and shall limit initial sale and all subsequent resales to and occupancy by an Eligible Household.

j. Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the Town, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household.

k. Provision that the owner(s) or manager(s) of Affordable Rental Units shall file an annual report with the Monitoring Agent, in a form specified by that Agent, certifying compliance with the affordability provisions hereof and containing such other information as may be reasonably requested in order to ensure affordability.

l. A requirement that residents in Affordable Housing provide such information as the Monitoring Agent may reasonably request in order to ensure affordability.

6. Monitoring Agent. A Monitoring Agent, which may be the Local Housing Authority or other qualified housing entity, shall be designated by the PAA as the Monitoring Agent for all Projects in the FSGOD. In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a Building Permit for a Project within the FSGOD and on a continuing basis thereafter, as the case may be:

a. Prices of Affordable Homeownership Units and rental amounts of Affordable Rental Units are properly computed.

b. Income eligibility of households applying for Affordable Housing is properly and reliably determined.

c. The housing marketing and resident selection plan conforms to all requirements and is properly administered.

d. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate Unit size for each household being properly determined and proper preference being given.

e. Affordable Housing Restrictions meeting the requirements of this Section are recorded with the proper Registry of Deeds or District Registry of the Land Court.

7. Housing Marketing and Selection Plan. The housing marketing and selection plan shall make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in Section 9.15.D.3.

8. Phasing. The PAA, as a condition of any Plan Approval, may require a Project to be phased in order to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA shall assure the required number of Affordable Housing Units in the Project, as per Section 9.15.D.2. Such assurance may be provided through use of the security devices referenced in G.L. c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project.

9. Computation. Prior to the granting of any Plan Approval of a Project, the applicant must demonstrate, to the satisfaction of the Monitoring Agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.

10. No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 9.15.D shall not be waived.

E. Permitted and Prohibited Uses

1. Subzones A, B, C, D, E and F. Multifamily Use shall be permitted as-of-right in Subzones A, B, C, D, E and F, upon the issuance of Plan Approval for a Project.

2. Subzone G. Townhouse Use shall be permitted as-of-right in Subzone G, upon the issuance of Plan Approval for a Project.

3. Substantially Developed Land. For Substantially Developed Land, the construction of infill housing on existing vacant lots and additional housing units in existing residential buildings or additions thereto or replacements thereof shall be permitted as-of-right. The allowable residential densities in such Substantially Developed Land shall be equal to those set forth in the underlying zoning. The adoption of the FSGOD shall supersede the use regulations applicable in the underlying zoning to the extent necessary to permit such residential uses as-of-right.

4. Prohibited Uses. The following uses are expressly prohibited within the FSGOD:

a. Temporary parking lots, serving uses with seating capacities over 7,500 people within the Special Use Overlay District, as defined in the Zoning By-Laws.

b. Mobile homes/travel trailers.

c. Cemeteries.

d. Seasonal migrant workers quarters and mobile home or watchman's quarters, as accessory uses to industrial uses permitted by the underlying zoning.

e. Outdoor storage or overnight parking of buses, trucks or other vehicles whose Gross Vehicle Weight (GVW) equals or exceeds 10,000 lbs.

F. Density:

1. Subzones A, B, C, D, E and F. Multifamily Use shall be permitted in Subzones A, B, C, D, E and F at a density of twenty (20) units per acre.

2. Subzone G. Townhouse Use shall be permitted in Subzone G at a density of twelve (12) units per acre.

G. Off-Street Parking Regulations:

1. Number of Spaces. For all residential uses, two (2) off-street parking spaces shall be provided per dwelling unit. Such off-street parking spaces shall be located no further than 100 feet from the dwelling unit to which they are appurtenant, measured from the building in which the dwelling unit is located to the closest portion of the parking facility.

2. Computation of Spaces. When the computation of required parking or loading spaces results in the requirement of fractional space, any fraction over one-half shall require one (1) space.

3. Stall Dimensions. Dimensions of parking stalls shall be as provided in Table 7-1 of the Zoning By-Laws. Parking spaces shall be so arranged as not to permit backing of vehicles onto any street.

4. Parking Areas. All parking areas containing more than five (5) spaces shall be subject to the requirements of Section 7.01 of the Zoning By-Laws All parking areas shall be subject to the restrictions contained in Section 7.03 of the Zoning By-Laws.

5. Combined Facilities. Parking required for two (2) or more buildings or uses may be provided in one (1) or more combined facilities, where it is evident that such facilities will continue to be available for the several buildings or uses.

6. Shared Parking. The use of shared parking to fulfill the parking demands that occur at different times of day may be considered by the PAA. The minimum parking requirements may be reduced at the discretion of the PAA, provided the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, the ITE Shared Parking Guidelines or other approved studies).

7. Waiver of Parking Requirements. Notwithstanding anything to the contrary herein, the minimum number of required, off-street parking spaces may be reduced upon a demonstration, to the reasonable satisfaction of the PAA, that the lesser amount of parking will not cause excessive congestion or endanger public safety, or that such lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

a. The availability of surplus off-street parking in the vicinity of the use being served and/or the proximity of a bus station or major transportation route.

b. The availability of public or commercial parking facilities in the vicinity of the use being served.

c. Shared use of off-street parking spaces serving other uses having peak user demands at different times.

d. Age or other occupancy restrictions which are likely to result in a lower level of automobile usage.

e. Impact of the parking requirement on the physical environment of the affected property or adjacent properties, including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units or loss of pedestrian amenities along public ways.

f. Such other factors as may be considered by the PAA.

H. Application for Plan Approval:

1. Application. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA. An application shall show the proposed buildout of the entire Project, whether the Project will be phased or not.

2. Required Submittals. The application for Plan Approval shall be accompanied by the following plans and documents:

a. Site plan, drawn at a scale of 1” = 20'. All plans shall be prepared by a qualified professional engineer, signed and stamped. Said plans shall include:

i. Locus at a scale of 1” = 1000', the name and address of the legal owner and applicant and suitable space to record the action of the PAA.

ii. The required and provided dimensions for each proposed and existing structure, in table form. The dimensions of all structures shall also be clearly shown.

iii. The location of existing and proposed driveways, parking areas and landscaping. Flood plains, wetlands, water bodies, either on or off the site, which could be impacted by the drainage, wooded areas to be retained or removed and existing and proposed topography at two (2) foot contours extending 25 feet from the property lines are required. Existing and proposed utility systems, screening and buffering, adequate and aesthetic lighting, signage and sewage disposal methods shall also be shown.

b. Elevation plans showing the exterior design of all proposed structures.

c. A separate landscape plan for facilities greater than 50,000 sq. ft. or with more than 100 parking spaces, produced by a registered landscape architect.

d. An Environmental Impact Report (EIR), if the applicant is required to complete a MEPA EIR in accordance with applicable state law, or if deemed necessary by the PAA.

e. A certified list of abutters within 100 feet of the property lines.

f. Payment in full of all costs incurred by the Town in connection with advertising the public hearing required by Section 9.15.I.3, below.

g. Evidence that the Project complies with the cost and eligibility requirements of Section 9.15.D.3.

h. Project plans that demonstrate compliance with the requirements of Section 9.15.D.4

i. A form of Affordable Housing Restriction that satisfies the requirements of Section 9.15.D.5.

j. Such other information as may be required by the PAA to determine compliance with the requirements of the FSGOD.

I. Procedures:

1. Filing. An applicant for Plan Approval shall file the application and all required submittals with the Town Clerk and shall also file forthwith ten (10) copies of the application and the other required submittals with the PAA, including notice of the date of filing with the Town Clerk.

2. Circulation to Other Boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Zoning Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works and other municipal officers, agencies or boards designated by the PAA for comment, and any such officer, agency or board shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

3. Hearing. The PAA shall hold a public hearing for which notice has been given as provided in G.L. c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

4. Peer Review. In addition to the application fee, the applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to G.L. c. 40R, § 11. If required, peer review shall be performed by outside consultants including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners and others.

J. Design Standards:

1. Design Standards. In order to preserve and augment the FSGOD's architectural qualities, historic character and pedestrian scale, the “Site & Building Design Requirements” are annexed hereto as Appendix B and incorporated herein, and are applicable to all Projects within the FSGOD. Said Design Standards are intended to be applied flexibly by the PAA as part of the Plan Approval process. All applications for Plan Approval shall comply, except where a specific waiver is granted, with said design standards.

2. Amendments. The PAA may adopt, by majority vote, amendments to the Design Standards. Any amendment to the Design Standards must be objective and not subjective and may only address: the scale and proportions of buildings; the alignment, width and grade of streets and sidewalks; the type and location of infrastructure; the location of building and garage entrances; off-street parking; the protection of significant natural site features; the location and design of on-site open spaces; exterior signs; and buffering in relation to adjacent properties. DHCD may, at its discretion, require any amendment to the Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.

3. DHCD Approval. Before adopting any Design Standard, the PAA shall submit the proposed Design Standard to DHCD for approval. Any amendment to the Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk. In submitting a proposed Design Standard for DHCD approval, the PAA shall also submit sufficient documentation clearly showing that the proposed Design Standard will not add unreasonable costs to Projects or unreasonably impair the economic feasibility of a Project. A letter from a developer, property owner or other interested party indicating that the Design Standards will not add unreasonable costs or unreasonably impair the economic feasibility of a Development Project shall not constitute sufficient documentation.

4. Plan Approval. An application for Plan Approval that has been submitted to the Town Clerk pursuant to Section 9.15.H shall not be subject to any Design Standard that has not been approved by DHCD and filed with the Town Clerk.

K. Decision:

1. Waivers. Except where expressly prohibited herein, upon the request of the applicant, the Plan Approval Authority may waive the requirements of this Section 9.15, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the FSGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses and/or physical character allowable under this Section.

2. Plan Review. An Application for Plan Approval shall be reviewed for consistency with the purpose and intent of this Section, and such Plan Review and shall be construed as an as-of-right review and approval process, as required by and in accordance with the Enabling Laws.

3. Plan Approval. Plan Approval shall be granted by a simple majority where the PAA finds that:

a. The applicant has submitted the required fees and information as set forth herein;

b. The Project and site plan meet the requirements and standards set forth this Section 9.15, or a waiver has been granted therefrom; and

c. Extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated by means of suitable conditions.

4. Plan Disapproval. A site plan may be disapproved only where the PAA finds that:

a. The applicant has not submitted the required fees and information as set forth herein; or

b. The Project and site plan do not meet the requirements and standards set forth this Section 9.15, or a waiver has not been granted therefrom; or

c. It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

5. Form of Decision. All decisions of the PAA shall be by a majority vote of the members present and voting. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected and the plans that were the subject of the decision and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision shall be provided to the Building Commissioner. A copy of the decision or application bearing such certification shall be recorded with the appropriate Registry of Deeds or District Registry of the Land Court, indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

L. Change in Plans after Approval by PAA:

1. Minor Change. After Plan Approval, an applicant may be apply to make minor changes involving minor utility or building orientation adjustments or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site or the provision of open space, the number of housing units or the housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk. A copy of the decision shall be provided to the Building Commissioner.

2. Major Change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this Section.

M. Enforcement; Appeal:

The provisions of the FSGOD shall be administered by the Zoning Enforcement Officer, except as otherwise provided herein. Any appeal arising out of action by the PAA regarding an application for Plan Approval for a Project shall be governed by the applicable provisions of G.L. c. 40R. Any other request for enforcement or appeal arising under this Section shall be governed by the applicable provisions of G.L. c. 40A.

N. Severability:

If any provision of this Section 9.15 is found to be invalid by a court of competent jurisdiction, the remainder of this Section 9.15 shall remain in full force. The invalidity of any provision of this Section 9.15 shall not affect the validity of the remainder of the Zoning By-Laws.

or take any other action related thereto.

2/3rds vote required

NOT ADOPTED 0 Aff. 128 Neg. 10:44 PM

ARTICLE 27: Moved that Korean Veterans' Road,~laid out pursuant to G.L. chapter 41 and 82, as amended, and as recommended by the Planning Board, be accepted as a public way beginning at its intersection with Main Street, being fifty feet wide and ending in a cul-de-sac, as more particularly shown on that certain plan entitled “Street As-Built and Profile for Korean Veterans Road, Foxborough, MA,” dated October 2, 2008, prepared by Bay Colony Group, Inc. and that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, such land and slope, drainage and other easements and rights to effectuate the purposes of this Article. 2/3rds vote required

ADOPTED 124 Aff. 0 Neg. 10:46 PM

ARTICLE 28: Moved that Lt. Anderson Drive,~laid out pursuant to G.L. chapter 41 and 82, as amended, and as recommended by the Planning Board, be accepted as a public way beginning at its intersection with Korean Veterans' Road, being fifty feet wide and ending in a cul-de-sac, as more particularly shown on that certain plan entitled “Street As-Built and Profile for Lt. Anderson Drive, Foxborough, MA,” dated October 2, 2008, prepared by Bay Colony Group, Inc. and that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, such land and slope, drainage and other easements and rights to effectuate the purposes of this Article.~ 2/3rds vote required

ADOPTED 120 Aff. 0 Neg. 10:48 PM

The Annual Town Meeting adjourned at 10:49 PM

A True Record

Attest:

Robert E. Cutler, Town Clerk