For the purposes of these rules and regulations,
the following words and terms used herein are hereby defined or the
meaning thereof explained, extended or limited as stated in Chapter
41 of the General Laws, as amended. Other terms or words and phrases
not defined herein or in the Subdivision Control Law shall be construed
according to the common and approved usage of the language, but technical
words and phrases and such others as may have acquired a particular
and appropriate meaning in law shall be construed and understood according
to such meaning.
ABUTTERS
The owners of land sharing a common property line with the
owner of land referred to in a subdivision application and the owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within 300 feet of the property line
of land referred to in the application as they appear on the most
recent applicable tax list, notwithstanding that the land of any such
owner is located in another city or town.
[Amended 11-3-1994]
APPLICANT
The owner of the land referred to in an application filed
with the Board or the owner's duly authorized representative.
APPLICATION FORM
Any application form specified herein must be signed by both
the applicant and the landowner of record at the time of submission
of the application.
[Added 7-5-2000]
BOARD
The Planning Board of the Town of Groton.
BUILDING ENVELOPE
An area shown on the plan within which any principal building(s)
shall be located.
[Added 7-5-2000]
CONTIGUOUS
Sharing a common lot line or touching at any point.
CONSTRUCTION, COMMENCEMENT OF
A subdivision is considered to be under construction when
the clearing and grubbing (removal of stumps and topsoil) have been
initiated.
[Added 5-2-1996]
EASEMENT
A right acquired by a public authority or other person for
use or control of property for utility or other designated public
purpose.
FRONTAGE
The length of common boundary between a lot and a way legally qualifying to provide frontage for the division of land (see Chapter
218, Zoning, of the Code of the Town of Groton, § 218-22A, and MGL C. 41, § 81L), to be measured continuously along the street line between side lot lines and their intersection with the street line, which provides safe and adequate vehicular access from said way to the principal use of the lot.
[Amended 5-2-1996]
GENERAL LAWS or MGL
The General Laws of the Commonwealth of Massachusetts, with
all additions thereto and amendments thereof. In case of a rearrangement
of the General Laws, any citation of particular sections herein set
forth shall be applicable to the corresponding sections in the new
codification.
LOT
An area of land in one ownership, with definite boundaries,
used or set aside and available for use as the site of one or more
buildings.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon parts of the same street having street
side lines or tangents to side lines forming an interior angle of
less than 135°. A corner lot with frontage on an existing public
way and a new subdivision road must have a combined frontage of twice
the required frontage. Small parcels used to circumvent this provision
shall not be allowed. Corner lots with frontage on two existing public
ways or two new subdivision roads shall be required to have the minimum
frontage on each street.
[Amended 11-3-1994]
MUNICIPAL SERVICES
Sewers, surface water drains and other private or public
utilities, including water pipes, gas pipes, electric lines, telephone
lines, fire alarm lines and their respective appurtenances.
OWNER
As applied to real estate, the person (as hereinafter defined)
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.
PERMANENT BENCHMARK
A permanent reference point with the elevation accurately
established by stone bounds and referenced to the United States Coast
and Geodetic Survey datum.
PERSON
An individual, partnership, corporation or two or more individuals
or a group or association of individuals having common or undivided
interests in a tract of land.
ROADWAY
That portion of the way, right-of-way or street layout which
has been prepared and constructed for vehicular traffic.
SPECIMEN TREE
A native, introduced or naturalized tree which is important
because of its impact on community character, its significance in
the historic or cultural landscape or its value in enhancing wildlife
habitat. Any tree with a DBH of six inches or larger is eligible to
be considered a specimen tree. Trees that have a small height at maturity
or are slow growing with a DBH of four inches or larger are eligible
to be considered specimen trees.
[Added 7-5-2000]
STREET CATEGORIES
A.
COLLECTORA street with anticipated traffic equivalent to that generated by 50 homes or more or which serves abutting land zoned for business or industry.
B.
DEAD-ENDA street or street system which has only one means of ingress from or egress to a collector or minor street.
C.
LANEA dead-end street or loop street which cannot serve as access to more than 12 dwelling units and cannot be extended.
[Amended 11-3-1994]
D.
MINORA street which cannot qualify as a "lane" but which can be expected to handle less traffic than a collector street and which serves no abutting land zoned for business or industry.
E.
PAPERAny way or right-of-way shown on a plan or sketch but which has not been constructed or otherwise prepared for vehicular traffic.
SUBDIVISION
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 if, at the time
when it is made, every lot within the tract so divided has frontage
on a public way or a way which the Clerk of the city or town 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
in the city or town in which the land lies, 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
and the buildings erected or to be erected thereon. Such frontage
shall be of at least such distance as is then required by the zoning
or other ordinance or bylaw, if any, of said city or town for erection
of a building on such lot, and, if no distance is so required, such
frontage shall be of at least 20 feet. 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 city or town in which the land lies into separate
lots on each of which one of such buildings remains standing, shall
not constitute a subdivision. See MGL C. 41, § 81L.
SUBDIVISION CONTROL LAW
MGL C. 41, §§ 81K to 81GG, inclusive, and
any amendments thereof, additions thereto or substitutions thereof.
TRAIL
A right-of-way adequate in width and design, not to exceed
20 feet, which provides passage through a development or neighborhood
for wildlife and permitted recreational use.
[Added 7-5-2000]
WAY or RIGHT-OF-WAY
The full strip of land designated as a way, consisting of
the roadway and any planting strips and sidewalks. A way so designated
shall be available only for such uses as are customary for ways in
the Town and shall not be available for any private construction such
as buildings, fuel tanks, septic tanks, fences or walls.
YARD, FRONT
Land extending across the required width of the lot and lying
between the street line of the lot and the nearest line of the building.
The depth of the front yard shall be the minimum distance between
the building and the front lot line.