Words used in the present tense include the
future; words in the singular number include the plural number, and
words in the plural number include the singular number; and the word
"land" includes the words "marsh" and "water."
For the purposes of this chapter, the following terms, abbreviations and words shall be defined as follows, unless a contrary meaning is required in the context or is specifically prescribed elsewhere in the Bylaw. Terms not defined herein shall have the meaning given in definitions, if any, found in the latest versions of these sources, in this order: Chapter 170, Subdivision Rules and Regulations adopted by the Williamstown Planning Board, the Massachusetts State Building Code and Webster's Unabridged Dictionary.
Acre(s).
A building devoted exclusively to an accessory use as herein
defined, and not attached to a principal building by any roofed structure.
An activity incidental to and located on the same premises
as a principal use conducted by the same person or his agent. No use
(other than parking) shall be considered accessory unless functionally
dependent on and occupying less land area than the principal use to
which it is related and occupying less than 1/3 as much gross floor
area as that principal use, or such larger share as this chapter may
specify for particular uses.
The Telecommunications Act of 1996.
[Added 5-19-1998 ATM, Art. 25]
Coverage is considered to be "adequate" within the area surrounding
a base station where the predicted or measured median field strength
of the transmitted signal is greater than -95 dbm. It is acceptable
for there to be holes within the area of adequate coverage where the
signal is less than -95dbm, as long as the signal regains its strength
to greater than -95 dbm further away from the base station. For the
limited purpose of determining whether the use of a repeater is necessary
or desirable, there shall be deemed not to be adequate coverage within
said holes. The outer boundary of the area of adequate coverage, however,
is that location past which the signal does not regain a strength
of greater than -95 dbm.
[Added 5-19-1998 ATM, Art. 25]
Capacity is considered to be "adequate" if the grade of service
is p.05 or better for at least 50% of the days in the preceding month,
prior to the date of application, as measured using direct traffic
measurement of the personal wireless service facility in question,
where the call blocking is due to frequency contention at the antenna(s).
[Added 5-19-1998 ATM, Art. 25]
A facility for the landing and takeoff of aircraft, with
or without incidental service, storage or sales, if having a level
of activity requiring it to have a certificate of approval from, or
annual registration with, the Massachusetts Aeronautics Commission.
A device which is attached to a tower or other structure
for transmitting and receiving electromagnetic waves.
[Added 5-19-1998 ATM, Art. 25]
A retail establishment which offers merchandise for sale,
at least 90% of which is over 50 years old.
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
Any residential development owned and operated by an entity,
whether conducted for profit or not for profit, which meets all of
the following criteria:
Provides room and board; and
Provides directly, by employees of the entity,
or through arrangements with another organization which the entity
may or may not control or own, personal care services for three or
more adults who are not related by consanguinity or affinity to their
care provider; and
Collects payments or third-party reimbursements
from or on behalf of residents to pay for the provision of assistance
with their daily living or arranges for the same; and
Is eligible for certification as an assisted
living residence by the Executive Office of Elder Affairs, pursuant
to MGL C. 19D, and all other applicable requirements.
The space on a tower or structure to which antennas of a
personal wireless service provider are both structurally able and
electromagnetically able to be attached.
[Added 5-19-1998 ATM, Art. 25]
The elevation of a flood having a one-percent chance of being
equaled or exceeded in a given year.
The primary sending and receiving site in a wireless telecommunications
network. More than one base station and/or more than one variety of
personal wireless service provider can be located on a single tower
or structure.
[Added 5-19-1998 ATM, Art. 25]
A building or premises, other than a tourist home, hotel
or motel, where rooms (without kitchens) are let to three or more
persons by the week or longer, and meals may (or may not) be regularly
served to roomers by prearrangement for compensation.
A structure having a roof or cover supported by columns or
walls for the shelter, support or enclosure of persons, animals or
property.
The area included within surrounding exterior walls. Areas
of the building not provided with surrounding walls shall be included
in the building area if such areas are included within the horizontal
projection of the roof or floor above.
[Added 5-17-2005 ATM, Art. 26]
That Town official designated by the Town Manager to carry out the responsibilities as assigned by Section 3 of Chapter 143 of the Massachusetts General Laws. The Building Commissioner shall act as the Planning Administrator if no other official is designated to that position.
[Added 5-19-2015 ATM,
Art. 38]
A solar photovoltaic panel or array, solar hot-air or hot-water
panel collector device, or other type of energy system which relies
upon solar radiation as a source for the generation of electricity
or transfer of heat that is mounted on a building or roof of a building.
[Added 5-19-2015 ATM,
Art. 39]
The percentage of lot area covered by building roofs.
A building, or part thereof, used for the transaction of
business or the provision of services exclusive of the on-site sale
of merchandise; no medical or dental offices directly serving patients.
[Added 5-17-2016 ATM,
Art. 31]
Self-service facilities for sale of food and drink for consumption
on the premises.
A portable dwelling, eligible to be registered and insured
for highway use, designed to be used for travel, recreational and
vacation purposes, but not for permanent residence; includes equipment
commonly called fifth wheels, independent travel trailer, dependent
travel trailer, tent trailers, pickup campers, motor homes, converted
buses and other equipment, but not mobile homes.
Any lot or tract of land upon which two or more plots are
available for campers.
Canopy-mounted solar photovoltaic installations are composed
of solar photovoltaic panels on mounting equipment and its supporting
structures designed to be installed over a parking lot or other access
drives or vehicular maneuvering area.
[Added 5-19-2015 ATM,
Art. 39]
The segment of the radiation spectrum from an antenna which
carries one signal. An antenna may radiate on many channels simultaneously.
[Added 5-19-1998 ATM, Art. 25]
Code of Massachusetts Regulations, as compiled and codified
by the Massachusetts Secretary of State.
Generation of electric power, other than by a public utility
or as an accessory use, for sale to a public utility.
A structure located at a base station designed principally
to enclose equipment used in connection with personal wireless service
transmissions.
[Added 5-19-1998 ATM, Art. 25]
Any facility operated on a regular basis whether known as
a day nursery, nursery school, kindergarten, child play school, progressive
school, child development center, or preschool, or known under any
other name, which receives children not of common parentage under
seven years of age, or under 16 years of age if such children have
special needs, for nonresidential custody and care during part or
all of the day separate from their parents. Day-care center shall
not include any part of a public school system; any part of a private,
organized educational system unless the services of such systems are
primarily limited to kindergarten, nursery or related preschool services;
a Sunday School conducted by a religious institution; a facility operated
by a religious organization where children are cared for during short
periods of time while persons responsible for such children are attending
religious services; a family day-care home; an informal cooperative
arrangement among neighbors or relatives; or the occasional care of
children with or without compensation therefor provided; in the last
two instances, such arrangement or care shall not be for more than
five children including participating children living in residence.
Decibel as measured on the "A" scale of a standard sound
meter.
Unit of measure of the power level on an electromagnetic
signal expressed in decibels referenced to one milliwatt.
[Added 5-19-1998 ATM, Art. 25]
Massachusetts Department of Environmental Protection.
Department of Public Works, Williamstown's if not otherwise
specified.
A building or part of a building used as the living quarters
for one or more families.
A detached structure containing four dwelling units.
[Added 5-16-2023 ATM, Art. 23]
A structure containing three or more dwelling units, including
single-family attached units.
A detached structure, other than a mobile home, containing
no more than one dwelling unit.
A detached structure containing three dwelling units.
[Added 5-16-2023 ATM, Art. 22]
A detached structure containing two dwelling units.
A building or portion of a building intended as living quarters
for a single family, having a single kitchen not shared with any other
unit.
The removal of earth, including soil, loam, sand, gravel,
clay, stone, quarried rock or other subsurface materials, except water,
for sale or for use on different premises than the place of extraction,
except where entirely incidental to or in connection with development
on the same premises for which a building permit is in force, or for
the grading of a public street or any other street in accordance with
an approved definitive subdivision plan.
Housing reserved for occupancy by households consisting of
one or more persons at least half of whom are 62 years of age or older.
The determination that the new signal from and to the proposed
new antennas will not significantly interfere with the existing signals
from and to other facilities located on the same tower or structure
as determined by a qualified professional telecommunications engineer.
The use of available technologies to alleviate such interference shall
be considered when making this determination.
[Added 5-19-1998 ATM, Art. 25]
A request for a modification of an existing tower or personal
wireless service facility that involves co-location of new transmission
equipment, removal of transmission equipment, or replacement of transmission
equipment which does not substantially change the physical dimensions
of the tower or personal wireless service facility.
[Added 5-20-2014 ATM,
Art. 36]
Electromagnetic frequency radiation.
[Added 5-19-1998 ATM, Art. 25]
Environmental notification form as required by MEPA for determination
of whether an environmental impact study will be required.
Massachusetts Executive Office of Environmental Affairs.
United States Environmental Protection Agency.
A property, or any part thereof, which is owned or leased
by one or more personal wireless service providers and upon which
one or more personal wireless service facility(ies) and required landscaping
are located.
[Added 5-19-1998 ATM, Art. 25]
Any number of individuals living and cooking together as
a single housekeeping unit, plus no more than two domestic employees,
boarders or lodgers.
Any private residence which, on a regular basis, receives,
for temporary custody and care during part or all of the day, children
under seven years of age or children under 16 years of age if such
children have special needs; provided, however, in either case, that
the total number of children under 16 in a family day-care home shall
not exceed six, including participating children living in the residence.
Family day-care home shall not mean a private residence used for an
informal cooperative arrangement among neighbors or relatives, or
the occasional care of children with or without compensation therefor.
Facilities for the sale of produce and wine and dairy products,
either seasonal or year round, where the majority of such products
for sale during June through September, based on either gross sales
dollars or volume, have been produced by the owner of the land on
which the outlet is located.
Federal Communications Commission; the government agency
responsible for regulating telecommunications in the United States.
[Added 5-19-1998 ATM, Art. 25]
A report and order which sets new national standards for
emissions of radio frequency emissions from FCC-regulated transmitters.
[Added 5-19-1998 ATM, Art. 25]
Constructed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water; and with structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and certified by a
registered professional engineer or architect that the design plan
specification and methods of construction are in accordance with accepted
standards of practice for accomplishing that.
The sum of the horizontal areas of the several floors of
all buildings on the same lot, or where apt, the sum of such areas
in a specified use. Gross floor area is measured from the exterior
face of exterior walls (or from the center line of a wall separating
two buildings or portions of buildings), including elevator shafts
and stairwells at each floor and interior balconies and mezzanines,
but not including interior vehicle parking or loading areas, cellars
with walls more than 50% below grade, and areas having less than six
feet floor-to-ceiling height.
The sum of the area on the several floors of a building which
is or could be leased, including leasable basements.
A line parallel to the street line touching that part of
the building facing the street which is farthest away from the street.
Outdoor or garage retail sale or offering for sale, conducted
by a resident of the premises, involving 10 or more items of personal
property, such as antiques, furniture, handicrafts, household goods
or clothing, on no more than two occasions in any calendar year, each
occasion lasting no more than 36 hours.
Gigahertz: one billion hertz.
[Added 5-19-1998 ATM, Art. 25]
A retail establishment which offers merchandise for sale
that can normally be expected to be given as gifts. Gift shop does
not include furniture, bedding, appliances, shoes or similar items,
but does include handicrafts, pottery, art and similar merchandise.
A measure of the percentage of calls which are able to connect
to the base station, during the busiest hour of the day. Grade of
service is expressed as a number, such as p.05, which means that 95%
of callers will connect on their first try. A lower number (p.04)
indicates a better grade of service.
[Added 5-19-1998 ATM, Art. 25]
One hertz is the frequency of an electric or magnetic field
which reverses polarity once each second, or one cycle per second.
[Added 5-19-1998 ATM, Art. 25]
An endeavor, business, profession, occupation, or trade conducted
by the occupant of a dwelling that is incidental and secondary to
the use of the dwelling unit as a residence.
[Amended 5-17-2016 ATM,
Art. 32]
A building or portion thereof, or a group of buildings on
a single lot, providing transient sleeping accommodations to the general
public in guest units without kitchens, plus not more than a single
accessory dwelling unit, but not including a tourist home or boarding
or rooming house.
United States Department of Housing and Urban Development.
Impenetrable by surface water, or having a percolation rate
longer than 30 minutes per inch.
Material or structure on, above or below the ground that
does not allow precipitation surface water to penetrate directly into
the soil.
A planned development of a tract of land designed as a coordinated
environment for a variety of industrial, office, research and related
activities. It has an enforceable master plan and/or covenants, conditions
and restrictions.[1]
A place for preparation of meals, having a stove and either
or both a sink and a refrigerator.
A street which carries traffic equivalent to that generated
by 12 or fewer dwelling units (120 trips or fewer, based on the ITE
Trip Generation Manual), which provides access to no abutting property
either used or zoned for business or industry, and which is capable
of extension.
Commercial raising or breeding of animals (other than household
pets) for sale, or poultry farms.
An off-street space or berth, on the same lot with the building
it serves, for the temporary parking of vehicles while loading or
unloading merchandise or material, and which has access to a street,
alley or other appropriate means of ingress or egress.
Production, sale and distribution of products indigenous
to the Berkshires, to the arts or to handcraft industries (such as
handloomed fabrics, hand-blown glass, pottery, paintings) or specialty
food products (such as baked goods or candy), using no motors of more
than five horsepower.
A continuous parcel of land in the same ownership throughout,
with boundaries established through one or more recorded deeds or
plans.
The horizontal area of a lot exclusive of any area in a street
or recorded way open to public use. At least 90% of the lot area required
for compliance shall also be exclusive of areas subject to protection
under the Wetlands Protection Act, MGL C. 131, § 40, for
reasons other than being subject to flooding.
A lot as defined above which is available for building, in
that it meets dimensional and access requirements of this chapter
and has no restriction on it precluding its use for building.
A lot abutting on two or more streets at their intersection.
The boundary of a lot on land coinciding with a street line
if there are both rights of access and potential vehicular access
across that boundary to a potential building site, measured continuously
along one street line between side lot lines; in the case of corner
lots, measured between the side lot line and the midpoint of the corner
radius on the street designated as the frontage street by the owner
or, failing that, by the Planning Administrator.
[Amended 5-17-2016 ATM,
Art. 30]
Major residential development as defined below, or any use requiring a special permit under Article III, Use Regulations, because of exceeding stipulated floor area thresholds, if any.
Any change or proposed change to any existing tower or personal
wireless service facility that will result in a substantial change
to the physical dimensions of the tower or personal wireless service
facility.
[Added 5-19-1998 ATM, Art. 25; amended 5-20-2014 ATM, Art. 36]
Either of the following from or on a parcel or set of contiguous
parcels in common ownership as of the effective date of this provision:
[Amended 5-18-2004 ATM, Art. 28; 5-16-2006 ATM, Art. 38]
Land division (whether subdivision or not, as
defined by MGL c. 41, § 81L) so as to increase the number
of buildable lots by more than seven. Lots which would otherwise be
buildable, but have been permanently restricted in order to prevent
any residential use, shall not be counted for these purposes.
Issuance of building permits for the construction
of more than eight dwelling units on premises other than assisted
living residence, or in the Cable Mills Redevelopment District, or
in the Village Business District, Limited Business District, Planned
Business District or land division noted above.
[Amended 5-15-2007 ATM, Art. 32; 5-19-2009 ATM, Art. 32; 11-14-2017 STM, Art. 6]
A structure, built in conformance with the National Manufactured
Home Construction and Safety Standards, which is transportable in
one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length or which,
when erected on site, is 320 or more square feet and which is built
on a permanent chassis and designed to be used as a dwelling unit,
with or without a permanent foundation, when connected to the required
utilities and includes plumbing, heating, air conditioning and electrical
systems contained therein.
[Added 5-16-2023 ATM,
Art. 20]
Any lot or tract of land upon which three or more manufactured
homes occupied for dwelling purposes are located, including any buildings,
structures, fixtures and equipment used in connection with manufactured
homes.
[Added 5-16-2023 ATM,
Art. 20]
A mechanical or chemical transformation of materials or components
into new products, including fabrication, processing, finishing or
packaging.
An entity licensed to cultivate, process and package marijuana,
and to transfer marijuana to other marijuana establishments as defined
by 935 CMR 500, but not to consumers. A craft marijuana cooperative
is a type of marijuana cultivator.
[Added 6-9-2021 ATM, Art. 28[2]]
An indoor cultivator means one that cultivates the growth
of marijuana plants within a building through use of artificial light.
An indoor marijuana cultivator shall be entirely enclosed in a building
and activity therein shall not be visible to a public way or adjacent
properties. All indoor cultivators shall use artificial ventilation
and filtering equipment to minimize the impact of odors on surrounding
properties.
[Added 6-9-2021 ATM, Art. 29]
An outdoor cultivator means one that cultivates the growth
of cannabis without the use of artificial lighting in the canopy area
at any point in time. Artificial lighting is permissible only to maintain
immature or vegetative mother plants.
[Added 6-9-2021 ATM, Art. 29]
An entity licensed to obtain, compound, blend, extract, infuse
or otherwise make or prepare a cannabis or marijuana product, process
and package marijuana or marijuana products and to transfer these
products to other marijuana establishments, but not to consumers.
[Added 6-9-2021 ATM, Art. 28[3]]
An entity licensed to purchase, repackage, white label, and
transport marijuana or marijuana product from marijuana establishments
and to transfer or otherwise transfer this product to marijuana establishments
and to sell to consumers.
[Added 6-9-2021 ATM, Art. 28]
An entity licensed by the Cannabis Control Commission or
having received a final certificate of registration from the Massachusetts
Department of Public Health to test marijuana and marijuana products,
including certification for potency and the presence of contaminants,
in accordance with applicable Massachusetts General Laws.
[Added 5-16-2017 ATM,
Art. 36]
For purposes of a stormwater management plan (see § 70-5.3B), an applicant seeking to demonstrate compliance with some or all of the standards set forth in the DEP Massachusetts Stormwater Handbook to the maximum extent practicable shall demonstrate (i) that it has made all reasonable efforts to meet each of the applicable standards, (ii) that it has made a complete evaluation of all possible stormwater management measures, including environmentally sensitive site design that minimizes land disturbance and impervious surfaces, structural stormwater best management practices (BMPs), pollution prevention, erosion and sedimentation control, and proper operation and maintenance of stormwater BMPs, and (iii) if full compliance with the standards cannot be achieved, the applicant is implementing the highest practicable level of stormwater management.
[Added 5-17-2011 ATM, Art. 34]
A building or portion thereof where patients are seen for
examination and/or treatment by one or more physicians, dentists or
other medical personnel, psychologists, or social workers.
[Added 5-17-2016 ATM,
Art. 31]
A private organization, building or grounds, to include specifically
country clubs and fraternities and other organizations to which membership
is limited or controlled.
Massachusetts Environmental Protection Act.
Massachusetts General Laws, as most recently amended.
Massachusetts Housing Finance Agency.
Megahertz: one million hertz.
[Added 5-19-1998 ATM, Art. 25]
The removal or relocation of geologic materials, such as
topsoil, sand, gravel, metallic ores or bedrock.
A lane which provides frontage and access for not more than three lots for single-family use and approved by the Planning Board under § 70-7.1J of this chapter.
[4]The measurement, by the use of instruments in the field,
of the radiation from a site as a whole, or from individual personal
wireless service facilities, towers, antennas or repeaters.
[Added 5-19-1998 ATM, Art. 25]
The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new personal wireless service facilities upon adoption of § 70-7.2F. The SPGA may, as the technology changes, require, by written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be on file with the Board of Selectmen and the Town Clerk.
[Added 5-19-1998 ATM, Art. 25]
A single self-supporting vertical pole with no guy-wire anchors,
consisting of a galvanized or other unpainted metal, or a wooden pole
with below grade foundations.
[Added 5-19-1998 ATM, Art. 25]
Any use of land or structures by the Town of Williamstown
in accordance with statutory laws governing municipal powers and functions.
A structure lawfully in existence or begun before the first
publication of notice of the public hearing for a zoning dimensional
or other building regulation to which it does not conform.
A lot lawfully created before the first date of applicability
for presently applicable lot area and/or lot frontage requirements
of this chapter to which it does not conform.
A use of a building, structure or land lawfully in existence
or begun before the first publication of notice of the public hearing
for a zoning use regulation to which it does not conform.
National Pollutant Discharge Elimination System.
A corporation, company, association, society, firm, partnership,
joint-stock company, cooperative or condominium association, as well
as an individual, a state and any political subdivision of a state
or any agency or instrumentality thereof.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services. These services
include cellular services, personal communications services (PC5),
specialized mobile radio services and paging services.
[Added 5-19-1998 ATM, Art. 25]
All equipment (including any repeaters) with which a personal
wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment
or any part thereof. This facility may be sited on one or more towers
or structure(s) owned and permitted by another owner or entity.
[Added 5-19-1998 ATM, Art. 25]
An entity, licensed by the FCC to provide personal wireless
services to individuals or institutions.
[Added 5-19-1998 ATM, Art. 25]
The Director of the Community Development Department or other
Town official designated by the Town Manager to carry out the duties
assigned to that position in this chapter. The Planning Administrator
shall act as the Zoning Enforcement Officer and is responsible for
the enforcement of this chapter.
[Added 5-19-2015 ATM,
Art. 38]
Parts per million.[5]
A site authorized under 310 CMR 19 where solid waste from
off the premises is disposed through burial.
Facilities used for public utility purposes owned or operated
by any company regulated by the Massachusetts Department of Public
Utilities.
Computer-generated estimates of the radiation emanating from
antennas or repeaters sited on a specific tower or structure. The
height above ground, power input and output, frequency output, type
of antenna, antenna gain, topography of the site and its surroundings
are determining whether a site will provide adequate coverage for
the personal wireless telecommunications service facility proposed
for that site.
[Added 5-19-1998 ATM, Art. 25]
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.
A small receiver/relay transmitter of not more than 20 watts
output designed to provide service to areas which are not able to
receive adequate coverage directly from a base station.
[Added 5-19-1998 ATM, Art. 25]
Research and development facilities are those used primarily
for research, development and/or testing of innovative information,
concepts, methods, processes, materials, or products. This can include
the design, development, and testing of biological, chemical, electrical,
magnetic, mechanical, and/or optical components in advance of product
manufacturing.
[Added 5-18-2010 ATM, Art. 32]
Any energy resource that is naturally regenerated over a
short time scale and derived directly from the sun (such as thermal,
photochemical, and photoelectric), indirectly from the sun (such as
wind, hydropower, and photosynthetic energy stored in biomass), or
from other natural movements and mechanisms of the environment (such
as geothermal and tidal energy). Renewable energy does not include
energy resources derived from fossil fuels, waste products from fossil
sources, or waste products from inorganic sources.
[Added 5-18-2010 ATM, Art. 32]
Owner(s), persons with financial responsibility, and persons
with operational responsibility for a stormwater management system.
[Added 5-17-2011 ATM, Art. 34]
A facility primarily for the preparation and sale of food
and drink in individual portions ready for consumption without further
processing, whether or not for consumption on the premises, except
where such sales are clearly incidental to other activities on the
premises.
United States Department of Agriculture Soil Conservation
Service.
A building containing. separate storage spaces, which may
be of various sizes, leased or rented on an individual basis. The
storage spaces may be accessed either internally or externally and
shall be secured.
[Added 5-20-2014 ATM,
Art. 35]
Square feet.
Any permanent or temporary structure, device, letter, word
model, banner, pennant, insignia, symbol, trade flag or representation
used as, or which is in the nature of, an advertisement, announcement
or direction, or is designed to attract the eye, either by its presence
or by intermittent or repeated motion or illumination, which is on
a public way or on private property within public view of a public
way, public park or reservation.
Large-scale ground-mounted solar photovoltaic installations
are composed of solar photovoltaic panels on ground-based mounting
systems (poles or racks) where the combined total area of the solar
panels is greater than 20,000 square feet.
[Added 5-19-2015 ATM,
Art. 39]
Medium-scale ground-mounted solar photovoltaic installations
are composed of solar photovoltaic panels on ground-based mounting
systems (poles or racks) where the combined total area of the solar
panels is greater than 1,000 square feet and 20,000 square feet or
less.
[Added 5-19-2015 ATM,
Art. 39]
Small-scale ground-mounted solar photovoltaic installations
are composed of solar photovoltaic panels on ground-based mounting
systems (poles or racks) where the combined total area of the solar
panels is 1,000 square feet or less.
[Added 5-19-2015 ATM,
Art. 39]
A permit which the special permit granting authority (the
Planning Board or the Board of Appeals, as designated in this chapter)
is authorized to grant upon its finding that the criteria for approval
have been satisfied.
Special permit granting authority. The Zoning Board of Appeals shall be special permit granting authority for § 70-7.2F.
[Amended 5-19-1998 ATM, Art. 25]
A street which handles average daily traffic equivalent to
that generated by 50 homes or more (500 trips or more, based on ITE
Trip Generation Manual).
A street, extension of a street or system of streets connected
to other streets only at a single point.
A street that serves as access for land in a nonresidential
district.
A street which cannot qualify as a lane, but which can be
expected to handle less traffic than a collector street.
Premises for outside storage of materials, such as sand or
lumber, or of fabricated subassemblies or equipment.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or, if there
be no floor above it, then the space between such floor and ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. "One-half story" means any story or space situated wholly
or partly in the roof, so designed, arranged or built to be used for
storage or habitation.
A public way or a private way either shown on a plan approved
in accordance with the Subdivision Control Law[6] or otherwise qualifying a lot for frontage on a street
under the Subdivision Control Law.
The dividing line between a street and a lot and, in the
case of public way, the street line established by the public authority
laying out the way upon which the lot abuts.[7]
Any building or other construction, erection, assemblage
or other combination of materials upon the land necessitating piling,
footings or a foundation for attachment to the land, including swimming
pools 24 or more inches deep or having a surface of 75 or more square
feet and including all swimming pools permanently equipped with a
water circulating system.
A facility utilizing satellite dishes of greater than 2.0
meters in diameter designed to uplink to communications satellites
for transmitting in the C-Band (46 â GHz) spectrum.
[Added 5-19-1998 ATM, Art. 25]
Title V of the State Environmental Code, 310 CMR 15.00, Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage.
An establishment in a dwelling with transient accommodations
for more than two and fewer than 10 overnight fee-paying guests, or
any dwelling rented or leased for periods of fewer than 35 days more
than twice in a year; includes establishments called "bed-and-breakfasts."
If having more accommodations or not in a dwelling, such establishments
are categorized as "hotel or motel".
A lattice structure or framework, or monopole, that is designed
to support personal wireless service transmission, receiving and/or
relaying antennas and/or equipment.
[Added 5-19-1998 ATM, Art. 25]
Any substance or mixture of physical or 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 Williamstown.
Toxic or hazardous materials may include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids or alkalis and all substances defined as
toxic or hazardous under MGL C. 21C and 21E and 310 CMR 30.00, and
40.00, and also include such products as solvents and thinners in
quantities greater than normal household use.
United States Code.
United States Department of Agriculture.
All equipment, machinery and structures utilized in connection
with commercial wind-generated energy production and generation, including
related transmission, distribution, collection, storage or supply
systems whether underground, on the surface or overhead, and other
equipment or byproducts in connection therewith and the sale of the
energy produced thereby, including, but not limited to, wind turbine
(rotor, electrical generator and tower), anemometers (wind measuring
equipment), transformers, substation, power lines, control and maintenance
facilities, sue access and service roads. For purposes of this definition,
the term "commercial" shall mean those facilities which have less
than 50% of their electrical output used on site.
[Added 5-21-2002 ATM, Art. 21]
Equipment used in wind-generated energy production. Wind
turbines capture the kinetic energy of the wind and convert it into
electricity. Primary components are the rotor (blade assembly), electrical
generator, and tower. Wind turbines are mounted on lattice or tubular
steel towers.
[Added 5-21-2002 ATM, Art. 21]
An open space located between a street or other property
line and any structure or element thereof other than a fence, wall,
other customary yard accessory or projection allowed by the State
Building Code to encroach on a court or yard.
A yard or yards abutting the street line on each street the
lot adjoins, extending across the full width of the lot, measured
perpendicular to the street line.
A yard abutting a rear property line, extending across the
full width of the lot, measured perpendicular to the rear lot line.
The rear lot line is typically a line or set of lines approximately
parallel to the street line, separating lots whose frontage is established
on different streets. Yards on irregularly shaped lots where "side"
versus "rear" is indeterminate shall be construed as rear yards.
A yard other than a front or rear yard, measured perpendicular
to the lot line it abuts. Corner lots typically have two side yards
and no rear yard.
 |
The area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can be
realistically anticipated (180 days of pumping at safe yield with
no recharge from precipitation), as defined in 310 CMR 22.00.
[1]
Editor's Note: The definition of "Inspector of Buildings,"
which immediately followed this definition, was repealed 5-19-2015
ATM, Art. 38. See now the definitions of "Building Commissioner" and
"Planning Administrator."
[2]
Editor's Note: This article also repealed the former definition
of "marijuana production facility," which immediately followed.
[3]
Editor's Note: This article also repealed the former definition
of "marijuana retail," which immediately followed.
[4]
Editor's Note: The definitions of "mobile home" and "mobile
home park," which immediately followed this definition, were repealed
5-16-2023 ATM by Art. 20. See now the definitions of "manufactured
home/mobile home" and "manufactured housing community/mobile home
park."
[5]
Editorâs Note: The former definition of âprofessional
office,â which immediately followed this definition, was repealed
5-17-2016, Art. 31. See now the definitions of âbusiness officeâ
and âmedical office.â
[6]
Editor's Note: See MGL C. 41, §§ 81A
through 81-GG.
[7]
Editorâs Note: The definition of "structurally able,"
added 5-19-1998 ATM, Art. 25, which immediately followed this definition,
was deleted 5-18-2010 ATM, Art. 28.
