As used in the regulations, the following words or terms shall have
the following meanings:
ALLEY (SERVICE ROAD)
A narrow strip of land between buildings, especially through
the middle of a block, giving access to the rear of buildings and/or
lots and which is not owned, constructed, reconstructed or maintained
by the Town and which does not qualify for frontage.
APPLICANT
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person applied under Article
III. "Applicant" shall include an owner or his agent or representative or his assigns. (See MGL c. 41, § 81L.).
BENCHMARK
A mark made in a durable object of known position and elevation
as a reference point.
BIKEWAY
A way designed for travel on a bicycle or similar unpowered
vehicle.
BOARD
The Planning Board of the Town of Lunenburg.
CELLULAR TOWER
A tower used for cellular phone communication equipment.
(See Schedule L.)
CERTIFIED BY
Certified by or endorsed by the Planning Board, as applied
to a plan or other instrument required or authorized by the Subdivision
Control Law to be recorded, shall mean bearing a certification or
endorsement signed by a majority of the members of the Planning Board
or by its Chairman or Clerk or any other person authorized by it to
certify or endorse its approval or other action and named in a written
statement to the Register of Deeds and Recorder of the Land Court,
signed by a majority of the Board. (MGL c. 41, § 81L)
COMMON DRIVEWAY
Any drive, right-of-way or private way which provides access
to two lots but which does not qualify as a street for determining
frontage under Chapters 40A and 41 of the General Laws of Massachusetts.
DESIGNER
A professional civil engineer or land surveyor registered
to practice in Massachusetts. All work defined as professional engineering
or surveying shall be done by or under the direct supervision of a
registered professional engineer or surveyor.
DEVELOP
To construct a street, install utilities, erect a house or
other structure or in any way to improve a lot substantially.
DEVELOPER
A person (as hereinafter defined) who develops under a plan of a subdivision approved under Article
III of these rules and regulations.
EASEMENT
A right acquired by public authority or other person to use
or control property for a utility or other designated public purpose.
FRONTAGE
The linear extent of a lot measured along the street right-of-way from the intersection of said right-of-way with one side lot line to the intersection with the other side lot line of the same lot, but not including any portion thereof devoted to a right-of-way or a driveway serving more than one lot or dwelling unit. Frontage must provide vehicular access to the lot from the right-of-way counted for frontage unless otherwise approved by the Planning Board on a definitive plan submitted in accordance with Chapter 41 of the General Laws or approved by the Planning Board in the same manner as a definitive plan. (See also §
325-2.7.)
GENERAL LAWS
The General Laws of Massachusetts (abbreviated "MGL"). In
case of a rearrangement of the General Laws, any citation of particular
section of the General Laws shall be applicable to the corresponding
sections in the new codification.
HIGH-DENSITY AREA
An area of single-family dwellings with a net density of
40,000 square feet or less or an area adjacent to such uses and approached
only by streets serving such adjacent uses and all two-family or multifamily
residence use.
LOT
An area of land in one ownership with definite boundaries
used, or available for use, as the site of one or more buildings accessory
thereto. (MGL c. 41, § 81L)
LOW-DENSITY AREA
An area where the lots are used for single-family dwellings
and where each lot is greater than 40,000 square feet.
MONUMENT
A permanent marker to indicate boundary.
MUNICIPAL SERVICE
Sewers, water drains, water pipes, gas pipes, electrical
lines, telephone lines, fire alarm systems, similar systems and their
respective appurtenances. (MGL c. 41, § 81L)
OWNER
As applied to real estate, the person holding the ultimate
fee simple title to a parcel, tract or lot of land, as shown by the
record in the appropriate Land Registration Office, Registry of Deeds
or Registry of Probate.
PERSON
An individual or two or more individuals or a group or association
of individuals, a partnership or a corporation having common or undivided
interests in a tract of land.
PLAN, APPROVAL NOT REQUIRED
A plan of a proposed subdivision or resubdivision of land prepared and submitted in accordance with Article
III with the appropriate application to the Planning Board meeting all of the requirements for approval not required.
PLAN, DEFINITIVE
The plan of a proposed subdivision of land prepared and submitted in accordance with Article
III to the Board for approval (with appropriate application) to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board and such plan when approved and recorded; all as distinguished from a preliminary plan.
PLANNED RESIDENTIAL AREA
A unified development of one lot defined by the parcel perimeter,
including one or more residential building types, undertaken in accordance
with an overall plan, incorporating a consistent architectural concept
and incorporating the preservation of natural areas within the development.
PLANNING BOARD AGENT
A consultant or Town employee or consultant authorized by
the Planning Board to review subdivisions and administer the regulations.
PLAN, PRELIMINARY
A plan of a proposed subdivision or resubdivision of land prepared and submitted together with the appropriate application in accordance with Article
III to facilitate the proper preparation of a definitive plan.
RECORDED
Recorded in the Registry of Deeds of Worcester County, except
that, as affecting registered land, it shall mean filed with the Recorder
of the Land Court. (MGL c. 41, § 81L)
REGISTRY OF DEEDS
The Registry of Deeds of Worcester Northern District and,
when appropriate, shall include the Land Court. (MGL c. 41, § 81L)
ROADWAY
That portion of a way which is designed and constructed for
vehicular travel.
SIDEWALK
A way within the street right-of-way, generally parallel
to the street, designed for use by pedestrians.
STANDARD SPECIFICATIONS
The Commonwealth of Massachusetts, Department of Transportation,
Standard Specifications for Highways and Bridges, edition, as amended.
STREET
A way either shown on a definitive plan submitted, approved
and recorded in accordance with the Subdivision Control Law or otherwise
qualifying a lot for frontage under the Subdivision Control Law. (See
also "way.")
STREET, MAJOR
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the Town of Lunenburg or
which will otherwise carry a heavy volume of traffic (generally, over
1,500 vehicles per day).
STREET, MINOR
A street which, in the opinion of the Board, is being used
or will be used primarily to provide access to no more than 10 abutting
lots and which is not designed to be used for through traffic.
STREET, INTERMEDIATE
A street which, in the opinion of the Board, will normally
carry between 100 vehicles and 400 vehicles per day.
STREET, SECONDARY
A street intercepting one or more minor streets and which,
in the opinion of the Board, is used or will be used to carry a substantial
volume of traffic (generally, over 400 vehicles per day) from such
minor street(s) to a major street or community facility and normally
including a principal entrance street to a shopping center, industrial
park, planned residential area or a large subdivision or group of
subdivisions and any principal circulation street within such subdivision.
SUBDIVISION
The division of a tract of land into two or more lots and
shall include resubdivision and, when appropriate to the context,
shall relate to the process of subdivision or the land or territory
subdivided; provided, however, that the division of a tract of land
into two or more lots shall not be deemed to constitute a subdivision
within the meaning of the Subdivision Control Law if, at the time
when it is made, every lot within the tract so divided has a frontage
on (a) a public way or a way which the Town Clerk of the Town of Lunenburg
certifies is maintained and used as a public way or (b) a way shown
on a plan theretofore approved and endorsed in accordance with the
Subdivision Control Law or (c) a way in existence when the Subdivision
Control Law became effective in the Town, having, in the opinion of
the Planning Board, sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed use of land abutting thereon or served thereby, and
for the installation of municipal services to serve such land and
the buildings erected or to be erected thereon. Such frontage shall
be of at least such distance as is then required by the Zoning Bylaw. Conveyances or other instruments adding to, taking away
from or changing the size and shape of lots in such a manner as not
to leave any lot so affected without the frontage above set forth
or the division of a tract of land on which two or more buildings
were standing when the Subdivision Control Law went into effect in
the Town into separate lots, on each of which one of such buildings
remains standing, shall not constitute a subdivision. (MGL c. 41,
§ 81L)
SUBDIVISION CONTROL
The power of regulating the subdivision of land granted by
the Subdivision Control Law, MGL c. 41, §§ 81A through
81GG, inclusive, as hereinafter amended.
SUBDIVISION, TYPE B
A subdivision for nonresidential uses or a residential subdivision
with an average lot size smaller than 80,000 square feet.
SUPER ELEVATION
The cross slope on a highway section to counteract the effect
of centrifugal force, expressed as a decimal fraction of a foot of
rise per foot of horizontal cross section.
TOWN
The Town of Lunenburg, unless otherwise specified.
TRAIL
A path or track made by or reserved for the passage of persons
and/or animals, usually through undeveloped land.
TREES, LARGE
Trees 10 inches or more in caliper four feet above the ground.
WALKWAY
A way designed for pedestrian use, not necessarily parallel
to a traveled way, as contrasted with a sidewalk.
WAY
A way is synonymous with the terms "road," "street," "highway"
and "avenue" and shall denote any such line or route for passage,
whether public or private.
WETLANDS
As defined by MGL c. 131, § 40 and MGL c. 40A.
WIDTH
The width of a way shall be the width of the strip of land
laid out, designated, acquired and/or dedicated for the use of such
way. Such width includes the spaces for vehicular travel, sidewalks,
edgestone and planting spaces where required.