In this chapter the following terms, unless a contrary
meaning is required by the context or is specifically prescribed,
shall have the following meanings:
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located in the same lot with such principal use
or building. In buildings restricted to residential use, the office
of a professional man, customary family occupations and workshops
not conducted for compensation, shall be deemed "accessory uses."
ADULT BOOKSTORE
An enclosed building as described in MGL c. 40A, § 9A,
as amended by Section 1 of Chapter 603 of the Acts of 1982.
[Added 5-2-1983 ATM, Art. 23 (Amdt. No. 60)]
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
AMUSEMENT, INDOOR
Movie theater, bowling alley or other commercial recreation
wholly carried on indoors.
AMUSEMENT, OUTDOOR
Drive-in theater, golf driving range or other commercial
recreation carried on in whole or in part outdoors.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by four or more families, living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
AREA, NET SITE
The total area within the property lines excluding external
streets.
ASSISTED LIVING/CONGREGATE CARE FACILITY
A residential development containing multifamily dwellings
designed for and principally occupied by senior citizens. Such facilities
may include independent living, congregate care, or institutional
care services such as medical or nursing facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
AUTO COURT
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "auto court" includes buildings
designated as tourist courts, motor lodges, motels and by similar
appellation.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purpose of floor area measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BED AND BREAKFAST
A single-family residence with one or more rooms for the
use of one or more individuals not living as a single household unit
and not having individual cooking facilities. A bed and breakfast
use may offer meals to its overnight guests. The bed and breakfast
facility shall be accessory to the principle use as a permanent owner-occupied
residence. The maximum duration of any tenant shall not exceed 15
consecutive days. The number of rooms for rent shall be determined
by the Zoning Board of Appeals based on off-street parking availability,
vehicular access and egress, and shall not exceed 35% of the gross
living space in the principle structure.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109); amended
5-4-2009 ATM, Art. 24 (Amdt. No. 168)]
BIG BOX RETAIL ESTABLISHMENT
Except for grocery establishments up to 75,000 SF that devote
at least 75% of sales floor area to the sale of food items, a big
box retail establishment is a singular retail establishment that involves
construction or use of a singular retail sales establishment that
is greater than 50,000 gross square feet in floor area.
[Added 5-4-2009 ATM, Art. 26 (Amdt. No. 170)]
BOARDINGHOUSE
Any dwelling in which more than two persons either individually
or as families are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse"
if none but single rooms, with or without bath and cooking facilities,
are offered to let.
BUFFER ZONE
A strip established to separate and protect one type of zoning
from another which shall remain free of all structures, parking, pavement
or any other use excepting landscaping. The landscaped area shall
be designed to screen from view the uses in one zoning district from
another using natural materials.
[Added 5-6-1985 ATM, Art. 22 (Amdt. No. 65); amended 6-16-1997 ATM, Art. 59
(Amdt. No. 115)]
BUILDING
A structure forming a shelter for persons, animals, property
or activity and having a roof. Where appropriate in the context the
word "building" shall include the principal accessory uses to which
the building is put.
[Amended 5-2-1988 ATM, Art. 25 (Amdt. No. 73); 5-1-2006 ATM, Art. 35
(Amdt. No. 158); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
BUILDING, ACCESSORY
A supplemental building or a portion of the main building,
the use of which is incidental to that of a main or principal building
and located on the same lot therewith.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
BUILDING HEIGHT
The vertical distance from either: 1) the average undisturbed existing natural grade at the foundation of the building to the top of the roof ridge, or 2) the average finished grade at the foundation of the building to the top of the roof ridge, whichever is less. The average undisturbed existing natural grade or finished grade shall be established by averaging the grade six feet from the four main building corners and their midpoints. The limitation of building height in feet, as provided in §
165-3,
Attachment 3 - Intensity of Use Schedule, shall not apply to chimneys, ventilators, skylights, bulkheads
and other necessary features usually carried above roofs and specific
to the building.
[Added 5-1-2006 ATM, Art. 35 (Amdt. No. 158); amended 5-2-2011 ATM, Art. 37
(Amdt. No. 174); 5-6-2019 ATM, Art. 17 (Amdt. 190)]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BULK STORAGE
(1)
Exposed storage tanks for oil, gas, etc.; outside
storage of sand, lumber or other bulk materials.
(2)
For the purpose of this Code, the bulk storage
of raw materials or finished goods must be directly related and accessory
to the operations of the primary business located on the lot. The
use of a lot for the primary purpose of bulk storage is prohibited
in all districts.
[Added 6-16-1997 ATM, Art. 45 (Amdt. No. 103)]
(3)
Further, for the purpose of this Bylaw, bulk
storage of materials shall only be permitted on lots zoned Industrial
A, Industrial B, and Commercial C, and must be directly related to
the operations of the primary business located on said lots. In all
instances, bulk storage shall be a customary accessory use, and in
no instance be permitted as the primary use of the lot. In no instance
shall bulk storage exceed 1/3 of the permitted maximum lot coverage.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
(4)
This does not exempt an owner from any set back,
open space or lot coverage requirements. Any area designated as bulk
storage must be calculated as part of maximum lot coverage. (Example):
For the districts, the maximum lot coverage is 60%. If a primary building
uses 1/2 of the sixty-percent coverage maximum (thirty-percent building
coverage), and the parking and access ways use an additional 1/4 of
the sixty-percent coverage maximum, then the remaining area allowed
for accessory bulk storage can be no larger than 1/4 of the sixty-percent
coverage maximum or 15% of the total lot area. In the example above,
the maximum bulk storage area is 1/3 of the primary use lot coverage
and thus is permitted. A 2:1 primary use to accessory bulk storage
ratio is the highest configuration that can be attained on any industrial
lot.
[Added 10-27-1997 STM, Art. 7 (Amdt. No. 118)]
BUSINESS OFFICES
A facility for the transaction of business exclusive of the
receipt, sale or processing of merchandise.
CAMP
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
(1)
Any area of land or water on which are located
two or more cabins, tents, shelters or other accommodations of a design
or character suitable for seasonal or other more or less temporary
living purposes, regardless of whether such structures or other accommodations
actually are occupied seasonally or otherwise; or
(2)
Any land, including buildings thereon, used
for any assembly of persons for what is commonly known as "day camp"
purposes; and any of the foregoing establishments whether or not conducted
for profit and whether or not occupied by adults or by children either
as individuals, families or groups.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of tents or movable
or temporary dwellings, rooms or sleeping quarters of any kind.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible livable floor
area.
CLUB
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
no vending stands, merchandising or commercial activities except as
required generally for the membership and purposes of such club.
CONDOMINIUM, RESIDENTIAL
A single-family real estate unit in a multifamily unit development
in which a person has both separate ownership of a unit and a common
interest along with the development's other owners, in the common
areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
CONTINUOUS BUILDING AREA
That portion of a lot comprised exclusively of connected upland and consisting of such upland square footage/acreage equal to or greater than the minimum lot size requirement for the zoning district in which the lot is situated; said upland shall exclude any freshwater wetland as delineated per Chapter
161, Wetlands Protection, and any pond or stream.
[Added 6-11-1990 ATM, Art. 37 (Amdt. No. 82); amended 5-7-2018 ATM, Art. 25 (Amdt. No. 187)]
COOPERATIVE, RESIDENTIAL
A single-family real estate unit in a multifamily unit development
in which a person has both separate ownership of a unit and a common
interest along with the development's other owners, in common areas.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
COVERAGE
That percentage of the plot or lot area covered by the building
area and paved area.
[Amended 5-1-1989 ATM, Art. 19 (Amdt. No. 76)]
DOG KENNEL
A structure used for the harboring of more than three dogs
that are more than six months old.
DUMP
A lot of land or part thereof used for the disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
DWELLING
A building designed or used exclusively as the living quarters
for one or more families.
DWELLING, MULTIPLE-FAMILY
A building used or designed as a residence for two or three
families living independently of each other and doing their own cooking
therein, but which may have joint services and facilities or both.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit only and
having two side yards.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
DWELLING UNIT, RESIDENTIAL
Living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, and sanitation,
whether in a complete, individual unit or a unit sharing common facilities.
This definition includes units in an apartment house, multiple-family
dwelling, single-family dwelling, residential condominium, and residential
cooperative.
[Added 10-23-2000 STM, Art. 13 (Amdt. No. 144)]
EDUCATIONAL
An educational purpose on land owned or leased by the commonwealth
or any of its agencies, subdivisions or bodies political or by a religious
sect or denomination or by a nonprofit educational corporation, all
as provided by MGL c. 40, § 3.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
ERECT
To build, construct, reconstruct, move upon or conduct any
physical development of the premises required for a building. To excavate,
fill, drain and the like preparation for building shall also be considered
to "erect."
FAMILY
One or more persons occupying a dwelling unit and living,
sleeping, cooking and eating on the same premises as a single housekeeping
unit.
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, hogs, riding academies,
livery or boarding stables and dog kennels. Land divided by a public
or private way or a waterway shall be construed as one parcel.
[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
FILLING STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying
or otherwise cleaning or servicing such motor vehicles. Such use shall
not include bodywork or the painting of vehicles for other than minor
repair work.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar floor area but including the area of basements, roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
FLOOR AREA, LIVABLE
The sum of the gross horizontal area of the floors of a dwelling
used or intended to be used for living, sleeping, cooking or eating
purposes, excluding cellar and basement areas having window areas
equal to less than 10% of the floor area, bathrooms, toilets, laundries,
pantries, foyers, communicating corridors, stairways, closets, storage
spaces, garages, breezeways, carports, porches and any area with less
than five feet clear headroom under sloping ceiling.
FLOOR AREA RATIO
The ratio of the total gross floor area of a building or
buildings on one lot to the total area of the lot.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity
of not more than three automobiles. Space thereon may be used for
not more than one commercial vehicle not to exceed two-ton capacity,
and space may be rented for not more than one vehicle of other than
the occupants of the building to which such garage is accessory.
GARAGE, PUBLIC
Any garage not a private garage, which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles and/or the sale of new and used cars.
GRANGE
A place containing less than five acres which is used for
the primary purpose of agriculture, horticulture or floriculture.
It excludes the raising of fur-bearing animals, hogs, riding academies,
livery or boarding stables and dog kennels.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
HOME OCCUPATION
(1)
An occupation or a profession which:
(a)
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit.
(b)
Is carried on by a member of the family residing
in the dwelling unit.
(c)
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
(d)
Conforms to the following additional conditions:
[1]
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto.
[2]
Not more than one person outside the family
shall be employed in the home occupation.
[3]
There shall be no exterior display, no exterior sign except as permitted under Article
X, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
[4]
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
(2)
In particular, a "home occupation" includes
but is not limited to the following: art studio; dressmaker; or professional
office of a physician, dentist, lawyer, engineer, architect or accountant
within a dwelling occupied by the same.
(3)
However, a "home occupation" shall not be interpreted
to include the following:
(b)
Barbershops and beauty parlors.
(c)
Commercial stables and kennels.
(e)
Restaurants and tea rooms.
(g)
Band instrument instruction.
(j)
Stores, trades or business not herein excepted.
HOTELS, MOTELS AND INNS
A building intended and designed for transient or overnight
occupancy divided into separate units within the same building. A
hotel, motel or inn may have public dining room or function facilities.
[Added 6-16-1997 ATM, Art. 52 (Amdt. No. 109)]
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used
for living purposes and standing on wheels or on rigid supports.
INDOOR ICE-SKATING ARENA
A structure designed to provide a facility for totally enclosed
ice skating and the associated activities and services.
[Added 3-19-1973 ATM, Art. 29 (Amdt. No. 6)]
JUNK
Any article or material or collection thereof which is worn
out, cast off or discarded and which is ready for destruction or has
been collected or stored for salvage or conversion. Any article or
material which unaltered or unchanged and without further reconditioning
can be used for its original purpose as readily as when new shall
not be considered "junk."
JUNKYARD
The use of any area of any lot, whether inside or outside
a building, for the storage, keeping or abandonment of junk or scrap
or discarded materials, or the dismantling, demolition or abandonment
of automobile(s) or other vehicle(s) or machinery or parts thereof.
LIGHT INDUSTRY
Fabrication, assembly, processing, finishing work or packaging
in such a manner that noise, dust, odor, vibration and similar objectionable
features are confined to the premises.
LINE, STREET
The dividing line between the street right-of-way and the
lot.
LODGE BUILDING
Structure occupied by a nonprofit social or civic organization.
LOT
A parcel of land occupied or to be occupied by one main building
or use and its accessory buildings, or by a dwelling group and its
accessory buildings, together with such open spaces as are required
under the provisions of this chapter, having not less than the minimum
area and width required by this chapter for a lot in the district
in which such land is situated and having its principal frontage on
a street or on such other means of access as may be determined in
accordance with the provisions of the law to be adequate as a condition
of the issuance of a building permit for a building on such land.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a "corner lot" if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
LOT, DEPTH OF
The main distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
LOT FRONTAGE
That portion of a lot fronting on a street or way, said frontage
to be measured continuously along one street line between its side
lot lines and their intersection with the street line; no less than
75% of the required frontage width is to be maintained to a perpendicular
depth equal to the minimum front yard requirements for that district,
and no less than 25% of the required frontage width is to be maintained
to a perpendicular depth equal to the minimum lot depth requirement
for that district. On a curve, the perpendicular depth shall be measured
from a straight line drawn between the side bounds tangent to the
most center point of the curve. Such street shall be either a way
shown on the Official Map, or a way shown on an approved subdivision
plan. The grade of a driveway shall be no greater than 12% starting
at the edge of the right-of-way and extending back for the first 25
feet of the lot.
[Amended 5-4-1974 ATM, Art. 27 (Amdt. No. 46B); 5-6-1985 ATM, Art. 21
(Amdt. No. 64); 5-4-1992 ATM, Art. 17 (Amdt. No. 87); 5-2-1994 ATM, Art. 28 (Amdt. No. 91); 6-16-1997 ATM, Art. 61
(Amdt. No. 117]
(1)
There shall be frontage adequate to serve each lot identified on a subdivision plan or any unbuilt-upon lot which has frontage on an existing approved public way which is brought before the Planning Board for its approval or endorsement. "Frontage adequate to serve each lot" is defined as that frontage distance required by §§
165-81 and
165-7 of this chapter, as amended, and, that no less than 30 feet of frontage of each such lot shall, in the opinion of the Planning Board, provide safe convenient access and egress to serve the future residents of the property, and, in the opinion of the Fire and Police Chiefs, provide access suitable for emergency vehicles such as the ladder truck, police vehicles and those of other agencies charged with responsibility for protecting the public peace, safety and welfare.
(2)
The Planning Board shall consider the existing
condition of each lot's frontage, such as soils, water table, floodplain,
slope, elevation and any other naturally occurring or constructed
barriers and the opinions of the Police and Fire Chiefs in making
its determination of "frontage adequate to serve each lot."
(3)
If, in the opinion of the Planning Board, the
lot does not possess frontage adequate to serve each lot, the Planning
Board shall render its reasons in writing to the developer. The developer
or assigned agent may then propose, using engineered drawings and
designs for explanation, as to how the lot's frontage physical characteristics
may be modified so as to meet the intended purpose of this section.
The developer is required to show on the engineered drawings, the
location (footprint) of the proposed buildings and proposed changes
in the frontage. Upon gaining the positive opinion of its members
that frontage adequate to serve each lot can be obtained as shown
on the engineered drawings, the Planning Board may approve or endorse
the plan brought before the Board.
(4)
The Planning Board may waive construction of
the frontage adequate to serve each lot, subject to the granting of
a special permit by the Planning Board for construction of a common
drive.
(5)
Drive, common. Subject to the granting of a
special permit by the Planning Board, a common drive may be constructed
and shared by not more than three lots, so long as the common drive
is located entirely within the lots being served. Every such common
drive must be shown on an engineered plan and must be regulated by
a recorded maintenance agreement which is satisfactory to the Planning
Board and Town Counsel and which runs in perpetuity with the land.
The Planning Board shall impose such conditions, to be made part of
the special permit, as are necessary to provide access adequate to
serve each lot, including conditions that assign responsibility for
maintenance and snow removal.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
MAJOR OUTDOOR ACTIVE RECREATIONAL FACILITY
A major outdoor active recreational facility, owned and operated
by a public or private interest or agency, shall be defined as being
five or more contiguous acres of active recreational uses, and such
facility may contain more than one active recreational field. The
principle use of such facilities shall include, but not be limited
to: active recreational fields used for organized sports, courts,
playgrounds, rinks, boat launches and all associated concessions,
bathroom and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MEDICAL OFFICE
Suite of rooms, including a laboratory, where a physician
or group of medical practitioners receive and treat patients on an
on-going basis and otherwise provide health services to consumers.
[Added 5-4-2015 ATM,
Art. 25 (Amdt. No. 182)]
MINOR OUTDOOR PRIVATE ACTIVE RECREATIONAL FACILITY
A minor outdoor active recreational facility, owned and operated
by private interest or agency, shall be defined as being less than
five contiguous acres of active recreational uses, and such facility
shall contain not more than one active recreational field. The principle
use of such facilities shall include, but not be limited to: an active
recreational field used for organized sports, courts, playgrounds,
boat launches and all associated concessions, bathroom and off-street
parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MINOR OUTDOOR PUBLIC ACTIVE RECREATIONAL FACILITY
A minor outdoor active recreational facility, owned and operated
by a public or nonprofit interest or agency, shall be defined as being
less than five contiguous acres of active recreational uses, and such
facility shall contain not more than one active recreational field.
The principle use of such facilities shall include, but not be limited
to: an active recreational field used for organized sports, courts,
playgrounds, boat launches and all associated concessions, bathroom
and off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MIXED-USE
A single building containing more than one type of land use
where the ground-floor or street-level use of the building is a commercial
use and a residential use is only located above the ground-floor or
street-level of the building.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles. For the
purposes of this Code, a motor vehicle repair shop shall include primary
uses intended for the repair of small motor engines, e.g., lawn mowers
and boat motors, and the repair and maintenance of all other types
of engines or power equipment.
[Amended 6-16-1997 ATM, Art. 43 (Amdt. No. 101)]
MUNICIPAL BUILDING
This shall include a public safety building for police and
fire, in which case it may have less than 160 feet frontage and less
than 50 feet buffer zone when abutting a residential district; and
in which case the Board of Selectmen may by special permit waiver
any other provisions of this chapter.
[Added 11-4-1985 STM, Art. 7 (Amdt. No. 67)]
NONCONFORMING USE
A building or land lawfully occupied at the time of the adoption
or subsequent amendment of this chapter by a use that does not conform
to the regulations of the district in which it is situated.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
NURSING HOME, CONVALESCENT HOME, REST HOME
An institution, or distinct part of an institution, which
is licensed or approved by the Massachusetts Department of Public
Health to provide twenty-four-hour health care under medical supervision
to individuals who, by reason of advanced age, chronic illness, or
infirmity, are unable to care for themselves.
[Amended 10-27-1997 STM, Art. 10 (Amdt. No. 120)]
OCCUPANCY PERMIT
A permit issued by the Building Inspector authorizing the
occupancy and the use of land and/or structures and buildings.
OPEN SPACE
An unoccupied space open to the sky on the same lot with
a building, free of all structures, parking, pavement or other uses
that preclude landscaping.
OPEN SPACE RESIDENTIAL DEVELOPMENT
Method of planning residential development that conserves
open space in a manner that maximizes the protection of natural resources
(wetlands, forests, agriculture lands, open space) while providing
for new construction and adequately compensating landowners.
[Added 5-4-2015 ATM,
Art. 25 (Amdt. No. 182)]
OUTDOOR PASSIVE RECREATIONAL FACILITY
An outdoor passive recreational facility shall be for the
general use of the public and include, but not be limited to: public
recreational trails, bikeways, beaches, passive boating and picnic
areas and all associated off-street parking facilities.
[Added 5-2-2011 ATM, Art. 36 (Amdt. No. 173)]
PARKING, PRIVATE
Space for parking accessory to principal use, not to include
parking for fee or parking of more than one commercial vehicle except
on farms.
PARKING SPACE
The area required for parking one automobile which in this
chapter is held to be an area nine feet wide and 20 feet long, not
including passageways. The area provided for parking, including passageways,
in industrial and commercial districts and apartments shall be paved
as provided in subdivision regulations. This may be waived or modified by the Building Inspector
upon recommendation of site plan review.
[Amended 5-2-1988 ATM, Art. 24 (Amdt. No. 72)]
PARKING SPACE - COMPACT
All off-street parking areas with 20 or more parking spaces
may have up to 25% of the spaces designed for compact cars, said spaces
shall be eight feet wide by 16 feet in length.
[Added 6-16-1997 ATM, Art. 49 (Amdt. No. 106)]
PIPE ORGAN MAKING
The craft of fabricating, assembling, processing, finishing,
packaging or rebuilding pipe organs in such a manner that dust, odor
and vibrations are confined to the premises. It shall not include
the exterior storage of materials used in the craft. It shall include
the manufacture of harpsichords.
[Added 4-16-1970 ATM, Art. 9 (Amdt. No. 31)]
PORCH, OPEN
A porch that has no walls or windows other than that of the
main building to which it is attached.
PRIVATE EDUCATIONAL
Any other educational purpose which is not defined in the definition of "educational" in this §
165-7.
[Added 5-4-1974 ATM, Art. 27 (Amdt. No. 46D)]
PUBLIC UTILITY
A public service corporation; except that no special permit
is required to lay telephone cables, gas mains or electric lines providing
service to retail or wholesale customers.
[Added 5-2-1977, Art. 13 (Amdt. No. 50)]
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot of land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale or for sale or for use at
a site removed from said lot, exclusive of the process of grading
a lot preparatory to the construction of a building for which application
for a building permit has been made.
RESEARCH AND DEVELOPMENT FACILITY
A laboratory which engages in research, experimental testing
activities, including, but not limited to, the fields of biology,
chemistry, electronics, engineering, geology, medicine and physics.
Production is allowed as an accessory use, but the primary use of
the facility is for research and research related offices and laboratories.
[Added 6-16-1997 ATM, Art. 60 (Amdt. No. 116)]
RESTAURANT
A structure for indoor sale and consumption of meals. Does
not include drive-ins.
RESTAURANT, WITH A DRIVE-THROUGH FACILITY
A restaurant, as defined by this Code, that also has a drive-through
facility for the dispensing of food to customers ordering and receiving
food while remaining in their automobiles.
[Added 6-26-1995 ATM, Art. 10 (Amdt. No. 95); amended 6-16-1997 ATM, Art. 44
(Amdt. No. 102)]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association or similar establishment.
ROADSIDE STAND
A structure of a semipermanent type or of a temporary nature
located in an agricultural district or one in which agricultural uses
are allowed, from which products, the major portion of which are produced
on the premises, are offered for sale to the public.
SIGN
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter work,
model, banner, flag, pennant, insignia, device or representation used
to indicate the person occupying the premises on which the sign is
erected or maintained, or the businesses transacted thereon, or advertise
the sale or rent of the property. The word "sign" does not include
the flag, pennant or insignia of any nation, state or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
[Amended 6-16-1997 ATM, Art. 46 (Amdt. No. 104)]
SIGN, AREA OF
The area of a freestanding sign 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.
The supporting framework, open or enclosed, may be part of the design,
but for purposes of this chapter shall not be considered part of the
"sign area" unless used for lettering, wording or symbols. When the
sign consists of individual letters or symbols attached to or painted
on a surface, building wall or window, the area shall be considered
to be that of the smallest rectangular or other regular shape which
encompasses all of the letters and symbols.
STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration,
hire or sale.
STORAGE FACILITIES, RENTAL
A permanent structure or structures built or used for purposes
of rental or lease of space to the general public for the inside storage
of household or commercial goods. The rental storage facilities shall
not be used to store flammable, hazardous, toxic, or explosive material.
[Added 6-14-1999 ATM, Art. 29 (Amdt. No. 134)]
STORAGE CONTAINERS/TRAILERS
Vehicular trailers, trucks, shipping containers, modular
containers or other similar facilities, whether registered or not
registered, with or without wheels, and statically parked or standing
for 30 days or more and intended for storage of materials. Excluded
from this definition are motor homes, camping trailers, small utility
trailers, and similar personal type vehicles designed to be registered
for highway use, and small garden and utility sheds not requiring
a building permit and construction trailers and containers used for
temporary storage of equipment and materials during the construction
phases of building facilities and structures.
[Added 6-12-2000 ATM, Art. 25 (Amdt. No. 142)]
STREET
A public or private way which affords the principal means
of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground
except a boundary wall or fence.
TOURIST HOME
A dwelling of residential character in which overnight accommodations
are provided or offered for transient guests for compensation.
TOXIC OR HAZARDOUS MATERIALS[Amended 11-4-1985 STM, Art. 24
(Amdt. No. 66)]
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose a significant actual or potential hazard
to water supplies or other hazard to human health if such substance
or mixture are discharged to land or waters of this Town. "Toxic or
hazardous materials" include, without limitation, organic chemicals,
petroleum products, heavy metals, radioactive or infectious wastes,
acids and alkalis, and include products such as pesticides, herbicides,
solvents and thinners. Wastes generated by the following activities,
without limitation, are presumed to be toxic or hazardous, unless
and except to the extent that anyone engaging in such an activity
can demonstrate the contrary to the satisfaction of the Board of Health:
(1)
Airplane, boat and motor vehicle service and
repair.
(2)
Chemical and bacteriological laboratory operation.
(5)
Electronic circuit assembly.
(6)
Metal plating, finishing and polishing.
(7)
Motor and machinery service and assembly.
(8)
Painting, wood preserving and furniture stripping.
(9)
Pesticide and herbicide application.
TRANSFER STATION
Shall have the meaning as defined in 310 CMR 19.006.
[Added 6-21-2021 ATM by Art. 12]
TRANSFER STATION, LARGE
A transfer station used for handling, storage, transfer,
or processing of solid waste in volumes greater than 50 tons per day.
[Added 6-21-2021 ATM by Art. 12]
TRANSFER STATION, SMALL
A transfer station used for handling, storage, transfer,
or processing of solid waste in volumes no greater than 50 tons per
day.
[Added 6-21-2021 ATM by Art. 12]
TRANSPORT TERMINAL
Yards or structures for the storage and/or servicing of two
or more commercial vehicles.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
WHOLESALING
Sale of goods except at retail without outdoor storage.
YARD
An unoccupied space open to the sky on the same lot with
a building.
YARD, FRONT
An open unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending to the side lines of the lot. This may include a drive
or drives allowing for necessary and reasonable access and egress.
YARD, REAR
An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.