ADULT BOOKSTORE — An establishment having as a substantial
or significant portion of its stock in trade printed matter, books,
magazines, picture periodicals, motion picture films, electronic media,
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, "sexual devices" or an establishment
having for sale sexual devices which shall mean any artificial human
penis, vagina or anus or other device primarily designed, promoted
or marketed to physically stimulate or manipulate the human genitals,
pubic area or anal area, including: dildos, penisators, vibrators,
penis rings, erection enlargement or prolonging creams or other preparations
or an establishment with a segment or section devoted to the sale
or display of such materials.
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ADULT MOTION PICTURE THEATER — 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.
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ADULT MINI MOTION PICTURE THEATER — An enclosed building
with a capacity for less than 50 persons used for presenting material
distinguished or characterized by emphasis on matter depicting, describing
or relating to "sexual conduct" as defined in MGL c. 272, § 31
(as defined below), for observation by patrons therein.
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ADULT LIVE ENTERTAINMENT ESTABLISHMENTS — Establishments
which feature live entertainment which consists of entertainers engaging
in "sexual conduct" or "nudity" as defined in MGL c. 272, § 31.
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MASSAGE SERVICE ESTABLISHMENTS — "Massage" shall mean
any 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, liniments, 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 as
adult entertainment shall not include the following individuals while
engaged in the personal performance of duties or their respective
professions:
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Physicians, surgeons, chiropractors, osteopaths, or physical
therapists or massage therapists who are duly licensed to practice
their respective professions in the Commonwealth of Massachusetts.
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Nurses who are registered under the laws of the Commonwealth
of Massachusetts.
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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, scalp and hair of the
customer or client for cosmetic or beautifying purposes.
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DWELLING, SINGLE-FAMILY — A detached building containing
one dwelling unit.
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DWELLING, TWO-FAMILY — A detached building containing
two dwelling units. Only one such building shall be developed on any
one lot.
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DWELLING, MULTIFAMILY — A detached building containing
three or more dwelling units.
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DWELLING UNIT — 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.
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AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME —
Affordable to households or persons in the area under the applicable
guidelines of the Commonwealth's Department of Housing and Community
Development earning less than 50% of the median income, adjusted for
household size.
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AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME
— Affordable to households or persons in the area under the
applicable guidelines of the Commonwealth's Department of Housing
and Community Development earning more than 50% but less than 80%
of the median income, adjusted for household size.
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CONTIGUOUS OPEN SPACE — Open space suitable, in the opinion
of the Planning Board, for the purposes set forth in Section 7.1.
Such open space may be separated by the road(s) constructed within
the flexible development. Contiguous open space shall not include
required yards.
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AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain
within a community subject to a one-percent or greater chance of flooding
in any given year. The area may be designated as Zone A, AO, AH, A1-30,
AE, A99, V1-30, VE, or V.
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BASE FLOOD — The flood having a one-percent chance of
being equaled or exceeded in any given year.
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DEVELOPMENT — Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
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DISTRICT — The Floodplain Overlay District.
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The agency
administering the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
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FLOOD INSURANCE RATE MAP (FIRM) — An official map of a
community on which FEMA has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
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FLOOD INSURANCE STUDY (FIS) — An examination, evaluation,
and determination of flood hazards, and, if appropriate, corresponding
water surface elevations, or an examination, evaluation and determination
of flood-related erosion hazards.
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FLOODWAY — The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation.
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LOWEST FLOOR — The lowest floor of the lowest enclosed
area (including basement or cellar). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered
a building's lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable nonelevation
design requirements of the NFIP Regulations (44 CFR 60.3).
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NEW CONSTRUCTION — For floodplain management purposes,
structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by
a community. For the purposes of determining insurance rates, "new
construction" means structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
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ONE-HUNDRED-YEAR STORM — See "base flood."
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REGULATORY FLOODWAY — See "floodway."
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SPECIAL FLOOD HAZARD AREA — An area having special flood
and/or flood-related erosion shown on an FHBM or FIRM as Zone A, AO,
A1-30, AE, A99, AH, V, VI-30, or VE.
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STRUCTURE — For floodplain management purposes, a walled
and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home. "Structure,"
for insurance coverage purposes, means a walled and roofed building,
other than a gas or liquid storage tank that is principally above
ground and affixed to a permanent site, as well as a manufactured
home on a foundation. For the latter purpose, the term includes a
building while in the course of construction, alteration, or repair,
but does not include building materials or supplies intended for use
in such construction, alteration, or repair, unless such materials
or supplies are within an enclosed building on the premises.
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SUBSTANTIAL DAMAGE — Damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before-damaged
condition would equal or exceed 50% of the market value of the structure
before damage occurred.
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SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure either (a) before the improvement
or repair is started, or (b) if the structure has been damaged and
is being restored, before the damage occurred. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall affects the external dimensions
of the structure.
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ZONE A — The one-hundred-year floodplain area where the
base flood elevation (BFE) has not been determined. To determine the
BFE, use the best available federal, state, local, or other data.
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ZONE AE (for new and revised maps) — The one-hundred-year
floodplain where the base flood elevation has been determined.
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ZONE X — Areas identified in the community Flood Insurance
Study as areas of moderate or minimal flood hazard. Zone X replaces
Zones B and C on new and revised maps.
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LOT, CONTIGUOUS — A lot which physically abuts another
lot or lots under common ownership, or a lot which is physically separated
from another lot or lots under common ownership only by a street in
which the fee ownership is retained by the party owning the abutting
lots.
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LOT, CORNER — A lot at the point of intersection of and
abutting on two or more intersecting streets, the interior angle of
intersection of the street lot lines, or in case of a curved street,
extended lot lines, being not more than 135°.
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LOT DEPTH — The horizontal distance between the front
lot line and the rear lot line.
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LOT FRONTAGE — The horizontal distance measured along
the front lot line between the points of intersection of the side
lot lines with the front lot line.
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LOT LINE, FRONT — 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.
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LOT LINE, REAR — The lot line opposite the front lot line.
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LOT LINE, SIDE — Any lot line not a front or rear lot
line.
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LOT, NONCONFORMING — A lot lawfully existing at the effective
date of this bylaw, or any subsequent amendment thereto, which is
not in accordance with all provisions of this bylaw.
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LOT, THROUGH — An interior lot, the front and rear lot
lines of which abut streets, or a corner lot, two opposite lines of
which abut streets.
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LOT, WIDTH — The horizontal distance between side lot
lines, as required by the Table of Dimensional and Density Regulations,[2] is to be measured at the minimum front yard depth (required
setback distance), at the minimum required lot depth, and at all intermediate
side line points.
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MEDICAL MARIJUANA TREATMENT CENTER (MMTDF) — A not-for-profit
entity, as defined by Massachusetts law only, registered under the
state law, 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. No medical marijuana treatment center shall be located
within 500 feet of the property line of a property used for residential
dwelling, public or nonprofit school or public park or playground.
A special permit issued to a medical marijuana treatment center is
nontransferable and nonassignable. A medical marijuana treatment center
shall not be allowed as an accessory use to any other use.
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MARIJUANA FOR MEDICAL USE — Marijuana that is designated
and restricted for use by, and for the benefit of, qualifying patients
in the treatment of debilitating medical conditions.
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MARIJUANA CULTIVATION — 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 other
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
centers, personal cultivation by qualifying patients or cultivation
by personal caregivers on behalf of qualifying patients.
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AGRICULTURAL — "Agricultural use" shall mean the science,
art and business of cultivating the soil, and raising livestock, useful
to man. "Agricultural" shall not include any uses or activities associated
with medical marijuana treatment and dispensing facilities or marijuana
cultivation.
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PERSONAL CAREGIVER — A person who is at least 21 years
old who has agreed to assist with a qualifying patient's medical use
of marijuana. Personal caregivers are prohibited from consuming marijuana
obtained for the personal, medical use of the qualifying patient.
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A single store containing a minimum of 175,000 square feet of
gross floor area in the aggregate, of which a minimum of 50,000 square
feet of gross floor area is devoted to retail sales of one or more
of the following: dry goods, apparel and accessories, furniture and
home furnishings, home equipment, hardware, or the like. Such store
may also contain other uses permitted in the district by right or
by special permit and such other, accessory, uses as the Zoning Board
of Appeals permits in the special permit for the planned business
development.
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Parking for the planned business development shall be permitted
as determined by the Zoning Board of Appeals in the special permit,
provided the minimum requirements of Section 8.4 are satisfied.
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AS-OF-RIGHT SITING — "As-of-right siting" shall mean that
the development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval. As-of-right
development may be subject to site plan review to determine conformance
with local zoning ordinances or bylaws.
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LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION —
A solar photovoltaic system that is structurally mounted on the ground
and is not roof-mounted, and has a minimum nameplate capacity of 250
kW DC.
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ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic
installation that is constructed at a location where other uses of
the underlying property occur.
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RATED NAMEPLATE CAPACITY — The maximum rated output of
electric power production of the photovoltaic system in direct current
(DC).
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SITE PLAN REVIEW — Review by the Planning Board to determine
conformance with the Zoning Bylaw.
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SOLAR OVERLAY DISTRICT — The location designated will
be where ground-mounted large-scale solar photovoltaic installations
may be sited as-of-right. Said locations are delineated on the Solar
Power Overlay District Map shown as Map 104, Lot 003, and Map 89,
Lot 142.[4]
[Amended 5-6-2019 ATM,
Art. 46] | |
SOLAR PHOTOVOLTAIC ARRAY — An arrangement of solar photovoltaic
panels.
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ZONING ENFORCEMENT AUTHORITY — The person or board charged
with enforcing the Zoning Bylaws.
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ARTIST STUDIO/RESIDENCE — A place of work and residence
of one or more persons who are engaged actively, and either gainfully
employed or as a vocation, in commercial graphic arts; fine arts,
including but not limited to painting, printmaking, sculpting, or
ceramics; art and document restoration; the performing and visual
arts, including but not limited to dance, choreography, photography
or filmmaking, or the composition, recording, practice or performance
of music. This definition does not include any use included in the
adult entertainment establishment in the Stoughton Zoning Bylaws,
as amended.
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MIXED USE DEVELOPMENT — A combination of residential and
nonresidential uses, as permitted within the SCMUOD, arranged vertically
(in multiple stories of buildings), or horizontally (adjacent to one
another in one or more buildings) within a lot.
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USE, ACCESSORY — A use incidental and subordinate to the
principal use of a structure or lot, or a use, not the principal use,
which is located on the same lot as the principal structure. Accessory
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, but
this area limitation shall not be applicable either to: (i) accessory
off-street parking and loading spaces, whether or not in excess of
that required in Section VIII,[5] (ii) accessory filling of water, wet area or depression,
or (iii) accessory removal of gravel, sand, or other earth material
incidental to and in connection with the construction of a building
or a lot.
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USE, NONCONFORMING — A use lawfully existing at the time
of adoption of this bylaw or any subsequent amendment thereto, which
does not conform to one or more provisions of this bylaw.
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USE, PRINCIPAL — 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.
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USE, SUBSTANTIALLY DIFFERENT — 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.
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FLOOD HAZARD/WETLAND/WATERSHED MAPS OF THE TOWN OF STOUGHTON
— Those maps entitled, "Flood Hazard/Wetlands/Watershed Maps,
Town of Stoughton, Massachusetts, dated October 1976, revised December
3, 1976" (hereinafter "Official Maps") which have been prepared by
C.E. Maguire, Inc., and which consist of 101 individual maps drawn
to the scale of one inch equals 100 feet and an index sheet which
are incorporated as a part of this bylaw and the Federal Flood Insurance
Rate Map and Flood Boundary and Floodway Map, Town of Stoughton, Massachusetts,
Norfolk County Community Panel Numbers 250253 0001; 250253 0001B;
250253 0002; 250253 0002B; 250253 0004; and 250253 0004B; whichever
map being the more restrictive in any particular area shall govern
for that area and which shall be kept by the Building Inspector and
copies in the office of the Town Clerk of the Town of Stoughton and
shall be certified by the Town Clerk of the Town of Stoughton as being
true and complete copies of said wetlands maps as adopted by the Town
Meetings as the same may from time to time be amended or updated by
action of the Town Meeting through the process required by law for
the adoption of Zoning Bylaw changes. All references in this Wetlands
Protection Bylaw to "Wetlands Maps" shall be deemed to be referenced
to the "Official Maps" unless the context otherwise specifically requires.
(Adopted by action of Annual Town Meeting, April 26, 1982, Article
No. 48)
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INFORMATIONAL FLOOD HAZARD/WETLAND/WATERSHED MAP — For
the convenience of those persons who wish to obtain copies of a map
which, with reasonable accuracy, delineates the Flood Hazard, Wetland,
and Watershed Districts of the Town of Stoughton the Building Inspector
and the Town Engineer shall prepare and have available for inspection
and for copying (at the expense of the person requesting such copying)
a single map of the entire Town of Stoughton which shall be drawn
to a scale of one inch equals 600 feet and which shall indicate, with
as much accuracy as such scale will permit, all of the Flood Hazard,
Wetland and Watershed Districts indicated on the Official Maps. In
addition, the Building Inspector and the Town Engineer may prepare
for general circulation and for convenience of reference only such
other copies of the Official Maps and the Informational Map drawn
to such other scales, as they shall deem necessary or appropriate.
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WETLAND AREAS — "Wetland areas" are defined as all areas
in which the water table is seasonably at or near the surface of the
ground although such areas may not be entirely covered by standing
or flowing water during a one-hundred-year storm intending hereby
to include generally all rivers, creeks, streams, brooks, ponds, lakes,
and other waterways, and in addition all "bogs," "freshwater wetlands,"
"marshes," "swamps," and "wet meadows" as those terms are defined
by Chapter 818 of the Acts of 1974 of the Commonwealth of Massachusetts.
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FLOOD HAZARD AREAS — The "flood hazard areas" are defined
as all areas subject to inundation during a one-hundred-year storm.
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WATERSHED AREAS — "Watershed areas" are defined as all
areas in the Town of Stoughton which border and lie within 100 feet
of flood hazard areas, wetland areas, rivers, brooks, lakes, ponds
or stream systems.
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APPLICANT — An applicant shall be a prospective purchaser
who shall have signed a binding purchase and sales agreement for a
landowner's property or a landowner or the duly appointed agent or
representative of such landowner or prospective purchaser and who
shall have applied for a building or special permit, or a variance,
or who shall have taken any other action under or pertaining to this
Wetlands Protection Bylaw.
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WETLAND, FLOOD HAZARD AND WATERSHED DISTRICTS — The Wetland,
Flood Hazard, and Watershed Districts are designated on the Wetlands
Maps. These districts have been delineated after careful study and
represent as accurately as possible the wetland, flood hazard, and
watershed areas in the Town of Stoughton.
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EXCLUDING FLOOD HAZARD, WETLAND, AND WATERSHED DISTRICTS —
All Flood Hazard, Wetland, and Watershed Districts, designated on
the Official Maps, which meet the following size and configuration
specifications have been marked through with an "X." These Districts
are not subject to the provisions of this Wetlands Protection Bylaw
and may be used for any purpose permitted in the underlying zoning
district in which they are located. Such excluded districts are isolated
Flood Hazard and Wetland Districts which comprise an aggregate surface
area of 10,000 square feet or less computed by adding the total surface
areas of all such isolated Flood Hazard and Wetland Districts which
lie within a continuous Watershed District, and those isolated industrial
zoned Wetland Districts within a continuous Watershed District that
do not exceed an area of 4,500 square feet and are no closer than
100 feet to a Flood Hazard District or Wetland District. Notwithstanding
the foregoing, no Flood Hazard or Wetland District is excluded from
the provisions of this Wetlands Protection Bylaw if it is part of
a stream, creekbed, brook, river, or other waterway. Furthermore,
such excluded districts are still subject to any other federal, state
or local laws governing activities in flood hazard, wetland and watershed
areas.
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DRAINAGE REPORT — The term "drainage report" shall mean
the report entitled "Update of 1963 Report on Drainage Facilities
for Stoughton, Massachusetts, Section 1," dated October, 1976, as
amended through December 30, 1976, and as adopted by the Board of
Selectmen on April 12, 1977, and prepared by C.E. Maguire, Inc., Architects
and Engineers, which is incorporated as a part of this bylaw. The
master copy of the drainage report shall be kept by the Building Inspector
and shall be certified by the Town Clerk as being a true and complete
copy as adopted by the Town Meeting. Any changes or updates to such
drainage report shall be incorporated into this Wetlands Protection
Bylaw only through the process required by law for adoption of Zoning
Bylaw changes.
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ENGINEERING PRESUMPTION — The term "engineering presumption"
shall mean that there shall be a strong presumption that the formulae,
assumption, constants, theories and engineering approaches incorporated
directly or by reference in the drainage report, including, without
limiting the generality of the foregoing, the assumptions pertaining
to the intensities and durations of one-hundred-year storms, co-efficients
of run-off, time of concentration, flow in conduits, flow in open
channels, friction co-efficients and drainage areas, are correct and
complete and produce accurate results when applied to problems involving
the movement and storage of water along or under the surface of the
ground. The term shall mean further that an applicant shall be able
to rebut this presumption of accuracy only by a showing, using competent
engineering data, that it is more likely than not that the use of
formulae, assumptions, constants, theories and engineering approaches
other than those which are given the benefit of the engineering presumption
herein, will produce more accurate results than those which have the
benefit of such presumption.
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DISTANCE — Shall be measured on a horizontal plane.
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FAA — The Federal Aviation Administration.
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FCC — The Federal Communications Commission.
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HEIGHT — The distanced measured from ground level to the
highest point on the structure.
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MUNICIPALLY OWNED LAND — Land/parcels owned and controlled
by the Town of Stoughton, except for land/parcels owned by the School
Department with a structure used as a school or for educational purposes.
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NONRESIDENTIAL STRUCTURE — Such structures as, but not
limited to, buildings, grain silos, and water towers, but does not
include houses, or apartments.
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WIRELESS COMMUNICATION BUILDING — Any building or shelter
used to house equipment primarily for the installation and operation
of equipment for generating and detecting electromagnetic radiation,
and is an accessory to a wireless communication structure.
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WIRELESS COMMUNICATION DEVICE — Any antenna, appurtenance,
wiring or equipment used in connection with the reception or transmission
of electromagnetic radiation which is attached to a structure.
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WIRELESS COMMUNICATION FACILITY — Shall be used as a general
term to include wireless communication building, wireless communication
device, and wireless communication structure.
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WIRELESS COMMUNICATION STRUCTURE — Any structure or tower
intended to support equipment used for the transmission and reception
of electromagnetic radiation, including the antennas, wiring or other
devices attached to or mounted on a structure.
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YARD, FRONT — A yard extending for the full width of the
lot between the front line of the nearest building wall and the front
lot line.
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YARD, REAR — A yard 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.
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YARD, SIDE — A yard extending for the full length of a
building between the nearest building wall and the side lot line.
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