In this Bylaw the following terms shall have
the following meanings unless a contrary meaning is required by the
context or is specifically prescribed. Words used in the singular
include the plural and words used in the plural include the singular.
Words used in the present tense include the future.
A use or building which is subordinate and customarily incidental
to and located on the same lot with the principal use or building
to which it is accessory.
[Amended 5-7-2019 ATM
by Art. 25]
ACCESSORY APARTMENTA distinct portion of a single-family dwelling or a unit in an accessory structure on a single-family lot, having its own kitchen, sleeping, and bathroom facilities, and subordinate in size to the principal part of the dwelling or structure.
AFFORDABLE ACCESSORY APARTMENTAn accessory apartment that is affordable to low- and moderate-income households as defined by the Massachusetts Department of Housing and Community Development (DHCD) and that meets DHCD requirements for accessory apartments under the Local Initiative Program (LIP) and for inclusion in Townsend's Subsidized Housing Inventory (SHI).
FLOOR AREAThe sum of the finished area of above-grade floors or portions of floors in a single-family residence, excluding finished areas with ceiling heights less than seven feet and unfinished areas of attached or detached garages with access (doors, driveways) for motor vehicles. As used in these bylaws, the term "finished area" shall mean the heated enclosed area within a single-family residence that is suitable for year-round use, embodying walls, floors, and ceilings that are similar to the rest of the area within the single-family residence.
PRE-EXISTING OUTBUILDINGA building detached from a single-family residence, e.g., garage, barn, that has been in existence for at least 10 years (at the time of permit application) as evidenced by a deed from the MA Registry of Deeds or a building permit issued by the Town of Townsend showing that the building was completed 10 years prior.
[Amended 3-16-1987 STM by Art. 2]
APARTMENT UNITA room or enclosed floor space within a dwelling or apartment/multifamily building used or intended for use by one family for living, sleeping, cooking and eating.
APARTMENT/MULTIFAMILY BUILDINGA building designed and constructed so as to contain three or more suites of one or more rooms, each suite provided with individual cooking and other facilities for independent housekeeping, used or intended to be used for the non-transient housing of three or more families.
A single-family home in which rooms, with or without meals,
are available to guests for compensation. "Bed and breakfasts" shall:
[Amended 3-16-1987 STM by Art. 16; 4-27-1991
STM by Art. 1]
A structure having a roof or cover and forming a shelter
for persons, animals or property.
The vertical distance from the mean level of ground at the
actual building line of the proposed building to the highest point
of the roof or parapet for flat or shed roofs, to the deck line for
mansard roofs and to the mean height between eaves and ridge for gable,
hip and gambrel roofs. Height limitations shall not apply to television
antennas, chimneys, spires or extensions of the structure strictly
ornamental in nature.
[Amended 3-16-1987 STM by Art. 4]
A building lot is a lot (as defined in these Bylaws) on which
a structure is already located or is to be constructed.
[Amended 3-17-1987 STM by Art. 45]
Shall mean any vehicle used or so constructed as to permit
its being used as a conveyance on the public roads and highways and
duly licensed as such, and constructed in such a way as will permit
temporary occupancy thereof as a sleeping place for one or more persons.
A detached one-family dwelling that does not exceed 1,800
square feet of livable floor area (meaning the heated floor area of
the building above finished grade, excluding non-dwelling areas such
as attic space or a garage).
[Added 5-8-2021 ATM by Art. 23]
Any accepted method of waste disposal as allowed by local,
state and federal regulations.
[Amended 3-16-1987 STM by Art. 5]
A building or part thereof designed, erected and used for
continuous and permanent habitation for one or more families or individuals.
A residential building of at least three but not more than
eight single-family dwelling units sharing at least one common or
party or fire wall, and with each building having at least one floor
at ground level with a separate entrance.
[Added 5-8-2021 ATM by Art. 23]
A detached residential building designed or intended or used
exclusively as the residence of two families. A two-family dwelling
shall not include a detached single-family dwelling with an accessory
apartment.
[Added 5-8-2021 ATM by Art. 23]
One or more rooms with cooking, living, sanitary and sleeping
facilities arranged for the use of one or more persons living together
as a single housekeeping unit, but not more than five persons unrelated
by blood or marriage.
The dividing line between a street and a lot and, in the
case of a public way, the street line established by the public authority
laying out the way upon which the lot abuts.
Any number of persons living together as a single economic
unit and ordinarily using a single cooking facility.[1]
An accessory use on a lot which contains a dwelling. The
guest house is to be occupied on a temporary basis only by nonpaying
guests of the principal dwelling, and may contain sleeping and sanitary
facilities, but may not contain cooking facilities.
An activity customarily carried on by the permanent residents
of a dwelling unit, inside the dwelling unit requiring only customary
home equipment. Home occupations do not include barber shops or beauty
shop nor do they involve the sale of articles produced outside the
dwelling unit nor any activity involving odor, vibration, smoke, dust,
heat, or other objectionable effects.
A building or portion thereof, or a group of buildings on
a single lot intended to be used for the temporary lodging of persons
who are lodged, with or without meals, and in which major provisions
for cooking may be made in a central kitchen but may not be in the
individual rooms or suites.
[Amended 10-22-1985 STM by Art. 10; 11-29-2005 STM by Art.
29]
The term "lot" shall mean a single area of land, wholly in
one ownership, defined by metes and bounds as set forth in or shown
on a deed or plan recorded with the Middlesex South District Registry
of Deeds or a deed or plan registered with the South Registry District
of Middlesex County; or a metes and bounds description of the land
area conforming to that contained in a recorded or registered deed,
together with a copy of the deed; or a plan prepared by a registered
land surveyor, conforming to generally accepted professional standards
and defining the land area by metes and bounds; or both a deed and
a plan, if both are available, which description and deed, or plan,
or all, have been filed as a part of an application for a building
permit, variance, site plan or subdivision approval, or special permit;
provided that the building permit, variance, site plan or subdivision
approval, or special permit has been duly granted by the Town official
or Board having jurisdiction to do so, and the building permit, variance,
site plan or subdivision approval, or special permit is in effect
in accordance with its original terms and with the requirements and
limitations of applicable law. The term "corner lot" shall mean any
lot abutting on two or more streets at their intersection.
[Amended 3-17-1987 STM by Art. 43]
The horizontal area of a lot exclusive of any area in public
or private way open to public use and any body of water.
The amount of area on a lot covered by the horizontal cross
section of structures.
The lot frontage shall be measured along a straight line
connecting points of intersection of the side lot lines with the front
lot line.
A line dividing a lot from a street right-of-way. On any
lot bounded on more than one side by a street, the street boundary
that is to be lot "front" shall be so designated in any application
for a permit to build on such lot.
[Amended 3-16-1987 STM by Art. 10]
Except for a triangular lot, the lot line opposite the "front"
lot line.
Any lot line not a front or rear.
The rectilinear dimension of a lot regardless of the orientation
of such dimensional figure to street frontage. No part of the lot
may be less wide than 35 feet in any dimension except at the corners,
provided however, that the requirements of the Land Space Requirements
Table are complied with.[2]
[Amended 3-16-1987 STM by Art. 11]
A structure designed as a dwelling unit containing sleeping
accommodations, a toilet and kitchen facilities, with plumbing and
electrical connection provided for attachment to outside systems,
built on a chassis and designed to be transported after fabrication
on its own wheels.[3]
[Amended 3-16-1987 STM by Art. 12]
[Amended 5-18-1987 STM by Art. 12]
MOTOR VEHICLE SERVICE STATIONPremises devoted primarily to retail sales and on-premises dispensing of fuels, oils and lubricants, with any repair services, other sales, leasing and/or rentals, or services of secondary importance.
MOTOR VEHICLE SALES FACILITYPremises devoted primarily to retail sales, leasing, and/or rental of new and/or used motor vehicles, with any repair services, other sales, or services, of secondary importance.
MOTOR VEHICLE REPAIR SHOPPremises devoted primarily to motor vehicle repair services and/or body work, with any other sales or services of secondary importance.
SALES FACILITY FOR BOATS, CAMPER-TRAILERS, FARM EQUIPMENT, OR CONSTRUCTION EQUIPMENTPremises devoted primarily to retail sales, leasing, and/or rental of new and/or used boats, camper-trailers, farm equipment, or construction equipment, with any repair services, other sales, or service, of secondary importance.
[Amended 5-7-2002 STM by Art. 18]
An existing use of land, or a building or structure or use
thereof which does not conform to the regulations for the district
in which it exists.
[Amended 3-16-1987 STM by Art. 14]
An area containing not less than 200 square feet suitable
for parking of one motor vehicle.
[Amended 3-16-1987 STM by Art. 15]
Structure designed for over the road transportation to be
permanently fixed to a proper foundation (as opposed to a mobile home).
The side line of a street or way, as determined by deeds
and plans recorded at the Registry of Deeds, or a building line laid
out under MGL c. 82, § 37; where no line is thus legally
established, then a line parallel with, and 20 feet distant from,
the center line of a traveled way.
[Added 12-3-2014 STM
by Art. 17]
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, designs, trade names, or trademarks,
whether stationary or portable, by which anything is known, such as
are used to designate or locate an individual, a firm, an association,
a corporation, a profession, a business, or a commodity or product,
which are visible from a public or private street or right-of-way
and used to attract attention.
Includes assemblages of stone involving at least one cubic
foot of wall material per linear foot totaling not less than 10 feet
in length.
[Added 12-3-2014 STM
by Art. 17]
The portion of a building between the upper surface of any
floor and the upper surface of the floor next above, having more than 1/2
of its height above the average elevation of the finished grade adjoining
the building. Any part of a building between the topmost floor and
the roof shall be deemed a half-story.
An accepted Town way, a way established by or maintained
under county, state or federal authority, a way established by a subdivision
plan approved in accordance with the Subdivision Control Law, and,
in addition, these ways must in the opinion of the Planning Board
have sufficient width, suitable grades and adequate construction to
provide for the needs of vehicular traffic in relation to the proposed
use of the land, and for the installation of municipal services to
serve such land and the buildings erected or to be erected thereon.
[Amended 3-16-1987 STM by Art. 17]
Anything constructed or erected, the use of which requires
fixed location on the ground or attachment to something located on
the ground, including swimming pools if more than 23 inches deep or
250 square feet in area or gas or liquid storage tanks if principally
above ground, but not including walls or fences.
[Amended 3-16-1987 STM by Art. 18]
Includes a living tree whose trunk has a diameter of four
inches, measured 4 1/2 feet from the ground.
[Added 12-3-2014 STM
by Art. 17]
The removal of one or more trees, trimming of major branches
or cutting of roots sufficient, in the Tree Warden's written opinion,
to cause eventual destruction of the tree.
[Added 12-3-2014 STM
by Art. 17]
FRONTAn open space extending the entire width of a lot from lot side line to lot side line between the front lot line or lines and the nearest point of a building or structure.
[Amended 5-1-2001 ATM by Art. 35]
REARAn open space extending the entire width of a lot from side line to side line between the rear lot line or the corner of a triangular lot farthest from the front lot line and the nearest point of the building.
SIDEAn open space extending along a side line of a lot (between the front yard and the rear yard on such lot) and extending between the side line of such lot and the nearest point of the building or structure.
[Amended 5-1-2001 ATM by Art. 35]
[1]
Editor's Note: The definition of "garage, private," which immediately followed this definition, was deleted 3-16-1987 STM by Art. 7. The definition of "garage, public," was deleted 5-18-1987 STM by Art. 12.
[2]
Editor's Note: The Land Space Requirements Table is included at the end of this chapter.
[3]
Editor's Note: The definition of "mobile home
parks," which immediately followed this definition, was deleted 3-16-1987
STM by Art. 13.
