A.
Where the terms below are defined also in MGL c. 41, § 81L, the definition in said chapter shall govern, unless a contrary intention clearly appears. In addition, the following words shall have the following meanings.
B. APPLICANT BENCH MARK BIKEWAY BOARD CERTIFIED BY COMMON DRIVEWAY DESIGNER DEVELOP DEVELOPER EASEMENT FRONTAGE GENERAL LAWS (ABBREVIATED MGL) LOT LOW-DENSITY AREA MONUMENT MUNICIPAL SERVICE OWNER PERSON PLAN APPROVAL NOT REQUIRED PLAN, DEFINITIVE PLAN, PRELIMINARY PLANNED RESIDENTIAL DEVELOPMENT PLANNING BOARD AGENT RECORDED REGISTRY OF DEEDS ROADWAY RULES AND REGULATIONS SIDEWALK STANDARD SPECIFICATIONS STREET STREET, MAJOR STREET, MINOR STREET, PRIMARY STREET, SECONDARY SUBDIVISION SUBDIVISION CONTROL SUPERELEVATION TOWN TRAILS TREES, LARGE WALKWAY WAY WAY, ACCEPTED WIDTH
As used in these rules and regulations, the following words or terms shall have the following meanings:
A mark made in a durable object of known position and elevation as a reference point.
A way designed for travel on a bicycle or similar unpowered vehicle.
The Planning Board of Kingston.
"Certified by" or "endorsed by" the Planning Board, as applied to a plan or other instrument required or authorized by the Subdivision Control Law[1] to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board, or by its Chairperson 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.)
A professional civil engineer, landscape architect 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.
To construct a street, install utilities, erect a house or other structure, or in any way to improve a lot substantially.
A person (as hereinafter defined) who develops under a plan of a subdivision approved under Article III of these rules and regulations.
A right acquired by public authority or other person to use or control property for a utility or other designated public purpose.
The linear extent of a lot measured in a continuous line 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 MGL c. 41, or approved by the Planning Board in the same manner as a definitive plan. (See also § 468-2.7.)
The General Laws of Massachusetts. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
An area of land in one ownership with definite boundaries used, or available for use, as the site of one or more buildings and buildings accessory thereto. (MGL c. 41, § 81L.)
An area where the lots are used for single-family dwellings and where each lot is at least 30,000 square feet.
A permanent marker to indicate a boundary.
Services such as sewers, water drains, water pipes, gas pipes, electrical lines, telephone lines, fire alarm systems, cable, similar systems and their respective appurtenances. (MGL c. 41, § 81L.)
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.
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.
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.
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.
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.
A development in accordance with Section 5.3. of the Zoning Bylaw of the Town of Kingston.
Town employee or consultant authorized by the Planning Board to review subdivisions and administer the regulations.
"Recorded" shall mean recorded in the Registry of Deeds of Plymouth County, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court. (MGL c. 41, § 81L.)
The Registry of Deeds of Plymouth County and, when appropriate, shall include the Land Court. (MGL c. 41, § 81L.)
That portion of a way which is designed and constructed for vehicular travel.
The Rules and Regulations Governing the Subdivision of Land.
A way within the street right-of-way, generally parallel to the street, designed for use by pedestrians.
"The Commonwealth of Massachusetts, Department of Transportation, Standard Specifications for Highways and Bridges," current edition, as amended.
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.[2]
A street intercepting one or more minor and/or secondary street(s) 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 and/or secondary 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.
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.
A street which, in the opinion of the Board, is being used or will be used as a thoroughfare within the Town of Kingston or which will otherwise carry a heavy volume of traffic (generally, over 1,500 vehicles per day).
A street which, in the opinion of the Board, will normally carry between 100 and 400 vehicles per day.
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[3] if, at the time when it is made, every lot within the tract so divided has a frontage on a public way, or a way which the Town Clerk of the Town of Kingston certifies is maintained and used as a public way, or a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective and 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 the land abutting thereon or served thereby, and for the installation of municipal services to serve such land, 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.)
"Superelevation" is the decimal fraction of a foot of rise per foot of horizontal cross section.
Town of Kingston, unless otherwise specified.
A path or track made by or reserved for the passage of persons and/or animal, usually through undeveloped land.
Trees 24 inches or more in caliper four feet above the ground.
A way designed for pedestrian use, not necessarily parallel to a travelled way, as contrasted to a sidewalk.
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.
An "accepted way" is a way which has been accepted as a public way by vote of the Town. (See also § 468-2.9B.)
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.