As used in this chapter, the following terms shall have the meanings indicated:
The cessation of a nonconforming use or structure as indicated by the visible or otherwise indicated intention to discontinue a nonconforming use or structure.
An additional dwelling unit consisting of no more than four rooms and no more than 800 square feet of living area in a single-family home or an accessory structure, provided there is no expansion of square footage of any existing structure and the structure has been in place for at least five years. An additional dwelling unit of no more than 600 square feet may be added in a new structure. The accessory apartment shall be occupied by no more than two people. The owner of the property shall permanently occupy the principal or accessory residence. Adequate off-street parking shall be provided and parking shall be to the side or rear of the principal structure to the maximum extent possible.
[Added 4-27-2010 ATM by Art. 12; amended 6-15-2021 ATM by Art. 38]
A subsidiary building not attached to any principal building, or a use customarily incidental to and located on the same lot with the principal building or use.
A building or buildings arranged or used for the residence of persons age 55 or older, with some shared facilities and services.
Any substance introduced to water which exceeds Massachusetts drinking water standards, guidelines or health advisories or any substance detected in quantities determined by the Department of Environmental Protection to negatively impact public health.
[Added 5-7-1991 ATM by Art. 23]
A building or portion of a building used exclusively for the residence of one or more families.
A building or portion of a building providing separate and complete living facilities for one family.
An individual residing in one dwelling unit, a group of persons related by blood, marriage or adoption or a group of not more than four individuals not so related residing in one dwelling unit.
A salesroom or farm stand for the sale of nursery, garden or other agriculture produce (including items of home manufacture made from such produce) with more than 300 square feet of retail space, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25% of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25% of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50% of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, all as provided for under MGL c. 40A, § 3, as amended.
[Added 4-29-2014 ATM by Art. 29A]
A salesroom or farm stand for the sale of nursery, garden or other agriculture produce (including items of home manufacture made from such produce) provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 15% of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 15% of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50% of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, all as provided for under MGL c. 40A, § 3, as amended.
[Added 4-29-2014 ATM by Art 29A]
A business licensed under MGL c. 131, § 19C.
[Added 4-24-2018 ATM by Art. 45]
A facility operated as part of a brewery operated under MGL c. 131, § 19C, which offers on-site sampling and retail sales for at-home consumption of the brewery's products only.
[Added 4-24-2018 ATM by Art. 45]
A facility operated as part of a brewery licensed under MGL c. 131, § 19C, which offers on-site sampling and sales of its products for on-site consumption under a farmer series pouring permit, in addition to retail sales for at-home consumption.
[Added 4-24-2018 ATM by Art. 45]
All waters found beneath the surface of the ground.
[Added 5-7-1991 ATM by Art. 23]
Any substance with such physical or infectious characteristics as to pose a potential hazard to existing or potential water supplies or to human health. Hazardous materials include, but are not limited to, toxic chemicals, heavy metals, radioactive or infectious wastes, acids and alkalis, pesticides, petroleum products, herbicides, organic solvents and thinners.
[Added 5-7-1991 ATM by Art. 23]
An open-air (not enclosed in a structure with an impermeable floor) land use which includes the abandonment, collection, processing, purchase, receipt, storage or sale of scrap or discarded goods, materials, machinery or other type of junk. Exceptions to this definition shall be recycling stations for glass, paper, plastic, aluminum, tin and other items as the Board of Health shall be deem to be recyclable and safe to the immediate environment, including groundwater; leaf and yard waste composting facilities; state-licensed transfer stations; and architectural component facilities.
[Added 5-7-1991 ATM by Art. 23]
A solar electric system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity greater than 10 kW AC.
[Added 10-27-2011 by Art. 1; amended 6-23-2020 ATM by Art. 37]
A parcel of land with definite boundaries, described and recorded on a plan or deed in the Franklin County Registry of Deeds.
The area of a lot occupied by structures, walkways, drives, parking or other impervious surfaces.
[Added 2-5-1991 STM by Art. 6]
The portion of a lot coinciding with a street line, providing both rights of access and potential vehicular access across the lot line to a potential building site. The street upon which the lot has frontage must be determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and the Whately Subdivision Regulations.[1] The portion of a lot coinciding with a discontinued road or a road appearing only on paper does not constitute "frontage." Similarly, the portion of a lot coinciding with a road deemed by the Building Inspector, in consultation with the Planning Board, to be impassable does not provide "frontage." In determining whether or not a road is passable, the Building Inspector and the Planning Board shall consider such factors as the condition of the road bed and the surface of the road, whether the road contains obstructions, whether the road is navigable by ordinary passenger vehicles, whether the road is navigable by emergency vehicles and other appropriate factors.
A movable or portable dwelling unit on a chassis, designed for connection to utilities when in use and designed with or without the necessity of a permanent foundation for year-round living.
A building containing more than two dwelling units and not classified as a one- or two-family dwelling.
A registered marijuana dispensary that is located off site from the cultivation/processing facility (and controlled and operated by the same registered and approved not-for-profit entity which operates the affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.000.
[Added 4-29-2014 ATM by Art. 29B]
The primary purpose for which land or a building is designed, arranged, maintained or occupied.
The maximum rated output of electric power production of the electric system in alternating current (AC) or direct current (DC).
[Added 10-27-2011 by Art. 1]
A use operated by a not-for-profit entity registered and approved by the Massachusetts Department of Public Health in accordance with 105 CMR 725.000, and pursuant to all other applicable state laws and regulations, also to be known as a "medical marijuana treatment center," that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. A RMD shall explicitly include facilities which cultivate and process medical marijuana and which may also dispense and deliver medical marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.
[Added 4-29-2014 ATM by Art. 29B]
A fee to be paid by the owner or operator of a large-scale ground-mounted solar facility for removing agricultural or forest land from production, the size of which shall be determined by the Selectboard with input from the Town Agricultural and Conservation Commissions.
[Added 6-30-2020 ATM by Art. 37]
A detached building containing one dwelling unit.
Anything constructed or erected, the use of which requires a fixed location on the ground, including swimming pools having a capacity of 4,000 gallons or more and mobile homes. Satellite television or reception dishes shall be deemed structures and shall comply with applicable setback and other zoning requirements. Structures are subject to the height requirements of this Zoning Bylaw.
[Added 4-27-2010 ATM by Art. 12]
A portable dwelling eligible to be registered and insured for highway use and designed to be used for travel, recreational and vacation use, but not for permanent residence, including equipment commonly called "travel trailers," pickup coaches or campers, motorized campers and tent trailers, and recreational vehicles, but not including mobile homes.
A detached building containing two dwelling units.
A public way; a way which the Town Clerk certifies is maintained and used as a public way; a way shown on an approved and endorsed subdivision plan in accordance with the Subdivision Control Law; or a way in existence at the time the Subdivision Control Law was adopted by the Town.[2] The way shall have, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic and utilities for the proposed use of the land abutting the way.[3]
[3]
Editor's Note: Original Art. VIII, Growth Control, added 5-7-1991 ATM by Art. 19, as amended 4-30-1996 ATM by Art. 12, which immediately followed, was repealed 6-18-2024 ATM by Art. 24.