For the purpose of this bylaw, certain terms and words shall
have the following meanings. Words used in the present tense include
the future; the singular number includes the plural; the plural the
singular; the words "used" or "occupied" include the words "designed,"
"arranged," "intended," or "offered" to be used or occupied; the words
"building," "structure," "lot," "land," or "premises" shall be construed
as though followed by the words "or any portion thereof"; and the
word "shall" is always mandatory and not merely directory. Terms and
words not defined herein but defined in the State Building Code as
it is applicable in the Town of Avon, or in the Avon Subdivision Regulations,[1] shall have the meanings given therein unless a contrary
intention clearly appears. Words not defined in either place shall
have the meaning given in Webster's Unabridged Dictionary, Latest
Edition. Uses listed in the Table of Use Regulations[2] under the classes "Retail" and "Service Trade" and "Wholesale
Trade" and "Manufacturing" shall be further defined by the Standard
Industrial Classification Manual published by the United States Bureau
of the Census.
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a building or premises indicated
by the removal of the characteristic equipment or furnishings used
in the performance of the nonconforming use, without its replacement
by similar equipment or furnishings, by the replacement of the nonconforming
use or building by a conforming use or building, or by the cessation
of the nonconforming use for a period of two years.
An establishment having as a substantial or significant portion
of its stock-in-trade printed matter, books, magazines, picture periodicals,
motion-picture films, videocassettes, or coin-operated motion-picture
machines for sale, barter or rental which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "sexual
conduct" as that term is defined in MGL c. 272, § 31.
A restaurant, or other establishment licensed under MGL c.
138, § 12, which, as a form of entertainment, features exotic
dancers, strippers, male or female impersonators or similar entertainers,
or allows a person or persons to work in a state of nudity; or provides
films, motion pictures, videocassettes, compact disks, slides, photographic
reproductions, or other visual and/or audio media, regardless of form
or method of presentation, which are characterized by the depiction
or description of sex-related anatomical areas, or relating to any
sexual activity, including sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31, as amended.
Establishments which feature live entertainment which consists
of entertainers engaging in "sexual conduct" or "nudity" as defined
in MGL c. 272, § 31.
An enclosed building with a capacity for fewer than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to "sexual conduct"
as defined in MGL c. 272, § 31, for observation by patrons
therein.
A motel or similar establishment offering public accommodations
for any form of consideration which provides patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions, a substantial portion
of the total presentation time of which are distinguished or characterized
by its emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, as
amended.
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to "sexual conduct"
as defined in MGL c. 272, § 31, for observation by patrons
therein.
An establishment having as a substantial or significant portion
of its stock-in-trade devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use of a building or business (whether partial or entire)
for the purpose of engaging in the sale, display, hire, trade, exhibition
or viewing of materials or entertainment depicting, describing, or
relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, including adult bookstores, adult live entertainment,
adult motion-picture theaters, adult paraphernalia stores and adult
video stores, massage service establishments, sexual encounter clubs,
adult cabarets or clubs, adult motels or similar establishments customarily
excluding any minor by reason of age as a prevailing practice, as
may be further defined in this bylaw.
An overlay zone superimposed on a portion of the Industrial Zone that shall allow, in addition to the uses allowed in the underlying zone, adult uses in accordance with § 255-5.5, Adult entertainment, geographically defined to include that portion of the Industrial Zone located in the northwest quadrant of the Town of Avon, bounded by the Industrial Zone line and including the following existing streets: Bodwell Street, Bodwell Street Extension, Wales Avenue, Old Page Street, Page Street, Parker Drive, Ledin Avenue, Strafello Drive, Robbie Road, Kiddie Drive, Murphy Drive, Doherty Avenue and Tracy Drive and any other ways that might hereinafter be developed within the boundaries of this overlay district as shown on the Official Zoning Map of the Town of Avon.
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies, computer software, computer
discs, laser discs or other film material which is distinguished or
characterized by its emphasis depicting, describing or relating to
sexual conduct or sexual excitement as defined in MGL c. 272, § 31,
as it may be amended.
Any construction, reconstruction, or other action resulting
in a change in the structural parts or height, number of stories or
exits, size, use or location of a building or other structure.
A geologic formation composed of rock, sand or gravel containing
significant amounts of potentially recoverable water.
That portion of a building that is partly or completely below
grade plane. (See "story above grade plane" in 780 CMR 202.0.) A basement
shall be considered to be a story above grade plane where the finished
surface of the floor above the basement is:
A dwelling in which four or more individual rooms without
separate cooking and sanitary facilities are rented, as with rooming
houses or lodging houses, and meals are provided in a common dining
room.
A combination of any materials, whether portable or fixed,
having a roof, and enclosed within exterior walls or fire walls, built
to form a structure for the shelter of persons, animals or property.
For the purposes of this definition, "roof" shall include an awning
or any similar covering, whether or not permanent in nature.
A detached building, the use of which is customarily incidental
and subordinate to that of the principal building, and which is located
on the same lot as that occupied by the principal building.
The aggregate of the maximum horizontal cross-section area
(the "footprint") as enclosed by a foundation, pier, piling and/or
footings of all buildings on a lot, exclusive of chimneys, expressed
as a percentage of the total lot area.
A building having a portion of one or more walls in common
with one or more adjoining buildings.
A building having open spaces on all sides.
A building in which is conducted the principal use of the
lot on which it is located.
A commercial activity engaged in as a means of livelihood
or profit; any activity in which goods and/or services are exchanged
for one another or money.
Allows a commercial activity to be established in an existing
zone that initially prohibits the commercial use as of right. Commercial
activity is defined as a means of livelihood or profit for permitted
activity to occur, in which goods and/or services are exchanged for
one another or money.
The Revised Zoning Bylaws of the Town of Avon.
Includes the following:
TRAVEL TRAILERA vehicular, portable structure built upon a chassis and designed to be towed by another vehicle and having sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation uses.
PICK-UP COACHA structure designed primarily to be mounted upon a pick-up chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation use.
CAMPING TRAILERA folding or collapsible structure mounted upon wheels and designed to be towed by another vehicle and having sufficient equipment to render it suitable to be used, when raised, as a temporary dwelling for travel, recreation, and vacation use.
MOTOR HOMEA portable, temporary dwelling consisting of a single, integrated, self-propelled vehicle with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation use.
BOATAny vessel or other craft designed to navigate upon water.
BOAT TRAILERA trailer specifically designed to be used to transport a boat.
UTILITY TRAILERA small open device mounted upon wheels and designed to be towed by another vehicle and which is suitable for transporting tents, sleeping bags, blankets, and other camping and recreational equipment.
See "basement."
The area surrounding a WECF to be kept free of habitable
structures or potentially occupied parking areas.
The number of lots over the entire tract shall not exceed
the number permitted under normal application of the area regulations
of the zone in which the tract is located, and the remaining land
is protected open space.
A freestanding WECF rated at greater than 500 KW and set
up to sell power to the grid and ranging from 155 feet to 300 feet
high.
Premises owned and operated by a government or chartered
nonprofit organization and being for broadly inclusive public use.
A zoning district as established by Article III of this bylaw.
A paved area, on a lot, built for access to a garage, off-street
parking area or loading space and running into the lot from the roadway
frontage.
A two-family building designed with separate dwelling units
side by side separated by a fire wall.
A privately or publicly owned permanent structure containing
a dwelling unit or dwelling units. The term "one-family" or "multifamily"
dwelling shall not include an hotel, lodging house, hospital, membership
club, trailer or dormitory.
One or more living or sleeping rooms arranged for the use
of one or more individuals living as a single housekeeping unit, with
cooking, living, sanitary and sleeping facilities.
A building containing three or more dwelling units.
A building containing two dwelling units. Only one such building
shall be developed on any one lot.
The removal of sand, gravel, loam, or similar material, but
not solid rock, from a site for use elsewhere, subject to a local
earth removal permit, as opposed to grading for use on-site as part
of an approved site development plan.
Services provided by public utility or governmental agencies
through erection, construction, alteration, or maintenance of underground
or overhead gas, electrical, steam, or water transmission or distribution
systems and collection, communications, supply, or disposal systems.
Facilities necessary for the provision of essential services include
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment and accessories in connection therewith. Specifically
excluded from the definition are buildings necessary for the furnishing
of adequate service by such public utility or governmental agencies
for public health, safety, or general welfare.
The use of a structure or lot or any action upon the premises which may be permitted under the bylaw only upon approval of the special permit granting authority in accord with the provisions of Article VII of this bylaw.
An industry which by means of chemical or mechanical action,
as by pressure, distillation, excavation, screening, evaporation,
or otherwise obtains from any substance (animal, vegetable or mineral)
or from any place some particular substance, product or thing.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit,
provided that a group of five or more persons, who are not within
the second degree of kinship, shall not be deemed to constitute a
family.
The limits of flooding from a particular body of water caused
by a storm whose frequency of occurrence is once in five or more years,
as determined and certified by a registered professional engineer,
qualified in drainage.
The area subject to periodic flooding, the limits of which
are determined by the flood line.
The sum of the areas of the several floors of a building,
measured from the exterior faces of the walls. It does not include
cellars, unenclosed porches or attics not used for human occupancy
or any floor space in accessory buildings or in the main building
intended and designed for the parking of motor vehicles in order to
meet the parking requirements of this bylaw, or any such floor space
intended and designed for accessory heating and ventilating equipment.
See "truck terminal."
Any retail, wholesale or office occupancy, whether for profit
or not, conducted entirely within a structure on a lot. The occupiable
floor space of the business portion of the structure may not exceed
10,000 square feet, excluding basements and attics.
A reference plane representing the average of the finished
ground level adjoining the building exterior walls. Where the finished
ground level slopes away from the exterior wall, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1829 mm) from the building.
The vertical distance from the average finished grade of the
adjacent ground to the top of the structure of the highest roof beams
of a flat roof, or the beam level of the highest gable or the slope
of a hip roof.
HEIGHT (definition refers to wind energy conversion facility [WECF] only) The distance from the natural grade at the base of the WECF to the hub or the highest tip of the rotor or another component reaching above the supporting structure.
An occupation or profession which:
Is customarily carried on in a dwelling unit, or in a building
or structure accessory to a dwelling unit; and
Is carried on by a resident of said dwelling unit; and
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes; and
Conforms to the additional conditions set forth in § 255.7.5
of this bylaw.
A building providing twenty-four-hour in-patient services
for the diagnosis, treatment, or other care of human ailments, including
a sanitarium, clinic, rest home, sanatorium, nursing home, and convalescent
home.
A building or any part of a building containing rooming units
for transient occupancy and having a common entrance, including an
inn, motel, motor inn, guest suites facility and tourist court, but
not including a boardinghouse, lodging house, or rooming house.
Materials or structures on, above or below the ground which
prevent precipitation or surface water from penetrating the soil.
An area within a circle of half-mile radius described around
a public water supply well and used until a final Zone II for a given
well is approved by the Massachusetts Department of Environmental
Protection - Division of Water Supply.
Kilowatts or 1,000 watts, equivalent to the current drawn
by 10 one-hundred-watt bulbs.
Kilowatt hours, equivalent to 10 one-hundred-watt bulbs going
for 10 hours, or a one-thousand-watt appliance going for an hour.
An off-street space used for loading or unloading, not less
than 14 feet in width, 45 feet in length and 14 feet in height, and
containing not less than 1,300 square feet, including both access
and maneuvering area.
A dwelling in which four or more individual rooms without
separate cooking or sanitary facilities are rented to persons who
share the dwelling's kitchen, bathroom and any common spaces. The
same as a rooming house.
One or more rooms for the use of one or more individuals
not living as a single housekeeping unit and not having cooking facilities.
A "lodging unit" shall include rooms in boardinghouses, tourist homes,
or rooming houses.
An area of land in one ownership, with definite boundaries,
used or available for use as the site for one or more buildings.
The mean horizontal distance between the front lot line and
the rear lot line.
A horizontal distance measured along the front lot line between
the points of intersection of the lot side lines with the front lot
line.
The property line dividing a lot from a street (right-of-way).
On a corner lot, the owner shall designate one street line as the
front lot line.
The lot line opposite from the front lot line.
Any lot line not a front or rear lot line.
The horizontal distance between the side lot lines as measured
at the minimum front yard depth (required setback distance) required
by this bylaw.
A lot at the point of intersection of or abutting on two
or more intersecting streets, the interior angle of intersection of
the street lot lines, or in the case of a curved street, extended
lot lines, being not more than 135°.
A lot lawfully existing at the effective date of this bylaw,
or any subsequent amendment thereto, which is not in accord with all
of the present provisions of this bylaw.
An interior lot, the front and rear lot lines of which abut
streets; or a corner lot, two opposite sides of which abut streets.
In addition to the commonwealth's definition under MGL c.
94C, the definition shall include: marijuana, marihuana, cannabis,
hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives
and extracts as well as any substances containing THC, whether in
plant, including its flowers, oil, resin, solid, liquid, or aerosol
form.
The process of propagation, including germination, using
soil, hydroponics, or other mediums to generate growth and maturity.
The intended process of bringing a plant or grown product to maturity
for harvesting, sale, refining or use as an ingredient in further
manufacturing or processing. This definition encompasses marijuana
cultivation related to medical marijuana treatment and dispensing
facilities.
MASSAGEAny method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external parts of the human body with the hands or with the aid of any mechanical or electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor.
The practice of massage shall not include the following individuals
while engaged in the personal performance of duties of their respective
professions:
Physicians, surgeons, chiropractors, osteopaths, massage therapists,
or physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts.
Nurses who are registered under the laws of the Commonwealth
of Massachusetts.
Barbers and beauticians who are duly licensed under the laws
of the Commonwealth of Massachusetts, except that this exclusion shall
apply solely to the massage of the neck, face and scalp of the customer
or client for cosmetic or beautifying purposes.
A not-for-profit entity, as defined by Massachusetts law
as a "medical marijuana treatment center," registered under this bylaw,
that acquires, cultivates, possess, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells material to qualifying patients or their
personal caregivers. It shall also include any establishment having
as any portion of its stock-in-trade marijuana or non-FDA-approved
marijuana-based products or its active ingredient, THC (tetrahydrocannabinol);
or paraphernalia for the consumption or delivery of marijuana or products
containing marijuana as allowed for medical uses under Massachusetts
law, including but not limited to retail distribution, wholesale distribution
or growth and/or cultivation of marijuana; production or sale of marijuana
(cannabis) seeds; or the refinement or manufacturing or sale of infused
products.
Any medical marijuana treatment center, as defined under
state law as a Massachusetts not-for-profit entity 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 qualifying patients or their personal caregivers, which is properly
licensed and registered by the Massachusetts Department of Public
Health pursuant to all applicable state laws and regulations
A freestanding WECF rated at >30-500 KW for a large local
residential or business load while set up to sell surplus power to
the grid. This could range from 115 feet to 164 feet high plus the
rotor's length.
A social, sports, or fraternal association or organization
used exclusively by members and their guests and which may contain
bar facilities, but excluding sexual encounter clubs.
A temporary tower bearing anemometers, wind direction recorders
and related equipment to test wind conditions for a potential production
tower.
Any combination of low-density residential use and general
business use in a single structure.
A large trailer outfitted as a home meant to be parked more
or less permanently at a location.
See "trailer park."
Uncovered or less than opaquely covered human genitals, pubic
areas, the human female breast below a point immediately above the
top of the areola or the covered male genitals in a discernibly turgid
stated. For the purposes of this definition, a female breast is considered
uncovered if the nipple or areola only is covered as defined in MGL
c. 272, § 31, as amended.
The space on a lot unoccupied by buildings, unobstructed
to the sky, not devoted to streets, driveways, off-street parking
or loading spaces, and expressed as a percentage of total lot area.
The duly authorized agent, attorney, purchaser, devisee,
trustee, lessee, or any person having vested or equitable interest
in the use, structure, or lot in question.
An off-street space, whether inside or outside a structure,
for exclusive use as a parking stall for one motor vehicle, as required
elsewhere in these bylaws.
Planning Board, Board of Appeals.
A development involving the construction of two or more principal
buildings on the same lot for any permitted use.
A WECF tower and related equipment designed to produce electricity
as opposed to a meteorological tower designed to test wind conditions
for a proposed tower.
The business or occupation of extracting stone from an open
excavation by any means or methods. Quarrying does not include the
excavation of loam, sand, and gravel.
Areas that collect precipitation or surface water and allow
it to move into an aquifer. These may include the following areas
approved by the Massachusetts Department of Environmental Protection:
ZONE IThe protective radius around any public water supply well or well field which the water supplier must own or control through a conservation restriction. This is usually a four-hundred-foot radius except for wells pumping under 100,000 gallons/day.
IIII — 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) as per 310 CMR 22.00.
IIIII — The land area beyond a Zone II from which surface water and groundwater drain into a Zone II, as per 310 CMR 22.00.
Recorded in the Norfolk District Registry of Deeds or registered
in the Norfolk District Registry of the Land Court.
All types of marijuana establishments as defined in MGL c.
94G, § 1, to include marijuana cultivators, independent
testing laboratories, marijuana product manufacturers, marijuana retailers
or any other type of licensed marijuana-related business.
Residential construction or reconstruction at a density of
more than four dwelling units and fewer than 11 dwelling units per
40,000 square feet of land in a single structure. Dwelling units constructed
must include at least 20% but not more than 50% affordable housing
units as defined by the Commonwealth of Massachusetts Department of
Housing and Community Development.
Residential construction or reconstruction at a density of
four dwelling units or less per 40,000 square feet of land in a single
structure. Dwelling units constructed must include 25% or greater
affordable housing units as defined by the Commonwealth of Massachusetts
of Housing and Community Development.
A freestanding WECF rated at less than 30 KW and intended
for local residential, neighborhood or business use even though it
might sell some surplus power to the grid. This could produce enough
power when operating to serve 10 to 15 dwellings at two kilowatts
when running and could be from 60 feet to 120 feet high plus the length
of the rotor.
Any change to the use of a lot of land from the existing
use at the time of adoption of this bylaw or any subsequent amendment;
must be approved by a two-thirds-majority vote of a Town Meeting.
A dwelling in which four or more individual rooms without
separate cooking or sanitary facilities are rented to persons who
share the dwelling's kitchen, bathroom and any common spaces. The
same as a lodging house.
Distance to adjacent property lines, rights-of-way, or habitable
space in the clear areas, including parking areas potentially holding
occupied vehicles.
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, any lewd exhibitions of the genitals, flagellation
or torture in the context of a sexual relationship, any lewd touching
of the genitals, pubic areas, or buttocks of the human male or female,
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals, and any depiction
or representation of excretory functions in the context of a sexual
relationship. Sexual intercourse is simulated when it depicts explicit
sexual intercourse that gives the appearance of the consummation of
sexual intercourse, normal or perverted, as defined in MGL c. 272,
§ 31, as amended.
A business or commercial enterprise, public or private, that
as one of its primary business purposes offers for any form of consideration:
(A) physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or (B) activities between male and female
persons and/or persons of the same sex when one or more persons is
in the state of nudity; or where the activities in (A) or (B) are
distinguished or characterized by their emphasis depicting, or describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, as amended.
The condition of human male or female genitals or the breasts
of the female while in a state of sexual stimulation or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity as defined in MGL c. 272, § 31, as amended.
Any permanent or temporary representation used as, or which
is in the nature of, an advertisement, announcement, or direction,
or is designed to attract the eye by intermittent or repeated motion
or illumination.
A sign used to direct attention to a service, product sold,
or other activity performed on the same premises upon which the sign
is located.
A sign used simply to identify the name, address, and title
of an individual family or firm occupying the premises upon which
the sign is located.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, wording, and accompanying
designs and symbols, together with the background, whether open or
enclosed, on which they are displayed, but not including any supporting
framework and bracing, which are incidental to the display itself.
For a sign consisting of individual letters, designs, and symbols
attached to or painted on a surface, building, wall or window, the
area shall be considered to be that of the smallest quadrangle which
encompasses all of the letters, designs, and symbols.
Either the Planning Board or the Board of Appeals, as determined by reference to Article VII of this bylaw.
(Definition refers to wind energy conversion facility [WECF]
only.) The special permit granting authority, usually the Zoning Board
of Appeals, but in this case the Planning Board.
Any object designed to be transportable, with wheels or without,
used primarily for storage of building materials, personal materials
or other materials for use on a limited basis, such as but not limited
to trailers, containers, temporary or membrane structures.
That part of a building comprised between a floor and the
floor or roof next above. If a mezzanine floor area exceeds one-third
of the area of the floor immediately below, it shall be deemed to
be a story.
A way which is over 24 feet in right-of-way width, which
is dedicated or devoted to public use by legal mapping or by any other
lawful procedure. A street includes all public ways, a way which the
Town Clerk certifies is maintained and used as a public way, a way
shown on a plan approved and endorsed in accordance with the Subdivision
Rules, Regulations, and Requirements in Avon, Massachusetts[3] and a way having, in the opinion of the Avon Planning
Board, sufficient width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
uses of the 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.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing
stand, platform, bin, sign, fence, flagpole, swimming pool, or the
like.
A structure lawfully existing at the effective date of this
bylaw or any subsequent amendment thereto, which does not conform
to one or more provisions of this bylaw.
Any substance or mixture of substances with physical, chemical
or infectious characteristics posing a significant actual or potential
hazard to human health if discharged to land or water. These include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis,
all substances defined as toxic or hazardous under MGL c. 21C and
c. 21E, and 310 CMR 30.000, along with products such as solvents and
thinners in quantities greater than normal household use.
An object on wheels or not having no motive power of its
own, and which is designed to be transported by a powered vehicle
and used for transportation and/or the storage of goods or materials,
as distinguished from "mobile homes" or "travel trailers."
A development accommodating mobile homes and large travel
trailers permanently or semi-permanently on leased sites (rather than
on separately owned lots) and providing interior roadways, hookups
and common facilities; also a mobile home park.
A facility for consolidating loads from local sources, loading
and unloading over-the-road trucks, sorting and delivering locally
destined cargos, storing trucks, and maintaining/servicing trucks;
also freight terminals.
A contiguous area of land, exclusive of any land in a Conservancy
District as defined herein, which is not less than four feet above
the water table. Groundwater elevations shall be determined by on-site
investigations conducted by a licensed engineer or land surveyor and
shall be adjusted for seasonal fluctuations using the U.S.G.S. procedure
set forth in Estimating Highest Groundwater Levels for Construction
and Land Use Planning.[4]
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied or maintained; an activity occurring
on a lot.
A use incidental and subordinate to the principal use of
a structure or lot, or a use by area shall be interpreted not to exceed
40% of the area of the total use of the structure or lot on which
it is located.
A use lawfully existing at the effective date of this bylaw,
or any subsequent amendment thereto, which does not conform to one
or more of the present provisions of this bylaw.
The main or primary purpose for which a structure or lot
is designed, arranged, or intended, or for which it may be used, occupied
or maintained under this bylaw. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary to the principal use and permitted under this bylaw
shall be considered an accessory use.
A use which by reason of its normal operation would cause
readily observable differences in patronage, service, sight, noise,
employment, or similar characteristics from the use to which it is
being compared.
Such departure from the terms of this bylaw as the Board of Appeals, upon appeal in specific cases, is empowered to authorize under the terms of § 255-12.9.
Allows construction of apartments in the existing zone it
overlays, which initially prohibits the use as of right.
All equipment and structures used to convert wind to electricity
or other forms of energy. This includes towers, rotors, generators,
collection systems, and any associated collection, storage and transmission
equipment such as transformers, substations and service roads.
A temporary tower used to support an anemometer, wind vane
or other equipment used to assess wind resources at a given height;
usually allowed for one year unless the SPGA finds a need for more
time.
A portion of a lot, upon which the principal building is
situated, unobstructed artificially from the ground to the sky, except
as otherwise provided herein. A court shall not be considered to be
a front yard or any part thereof.
A yard extending for the full width of the lot between the
front line of the nearest building wall and the front lot line.
A yard, unoccupied except by an accessory structure or accessory
use as herein permitted, extending for the full width of the lot between
the rear line of the building wall and the rear lot line.
A yard extending for the full length of a building between
the nearest building wall and the side lot line.
Chapter 40A of the General Laws of the Commonwealth (as most
recently inserted by Chapter 808 of the Acts of 1975).
