ACCESSORY USE OR STRUCTURE : A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ADEQUATE ACCESS : Adequate access allows entrance to the property by the fire department, police department, and other agencies charged with the responsibility of protecting the public peace, safety and welfare.

AFFORDABLE HOUSING : Where requirements have been eased by the provision of "affordable housing," the following requirements must be met:

       a. Unless otherwise stated, a minimum of 30% of the additional residential units created, but in no case less than one unit, must be offered at rents or selling prices not higher than specified in paragraph b., below. Example: Conversion of an existing single family residence to a five unit multifamily residence: Four additional units are created. Thirty percent of four is 1.2. Thus, two units must be offered at "affordable" prices.

       b. To be regarded as "affordable" units must meet the following criteria:

       1. Rental units - rental units must be first offered to low-moderate income individuals selected from a waiting list maintained by the Stockbridge Housing Authority. Rents charged cannot exceed 100% of the current "Fair Market Rents" for the US Department of Housing and Urban Development Section 8 Rental Certificate and Voucher Program.

       2. Homeownership units - units offered for sale must be first offered to individuals eligible for participation in the Massachusetts Homeownership Opportunity Program as is determined by the most recent regulation and policies issued by EOCD. Maximum purchase prices charged for such units may not exceed those established by the Massachusetts Homeownership Opportunity Program. In the event that no qualified buyers in the target group are found, the income limitation may be raised in 10% increments under the administration of the Stockbridge Housing Authority until a qualified buyer is found.

       c. The restriction of affordability shall remain in force for a period of ten years from the date of initial occupancy of each unit.

AGRICULTURAL USE : Any parcel of land which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, vehicles and equipment. This term does not include riding stables, kennels, or facilities for the commercial raising of fur-bearing animals.

BED AND BREAKFAST : An accessory use to a dwelling occupied as the owner's principal legal residence, in which at least one (1) and not more than five (5) rooms are commercially offered for transient occupants. Transient occupancy shall be defined as for not more than 90 consecutive days.

       **Webmasters Note: The previous definition has been amended as per an update approved at a town meeting held on 5/17/04.

BILLBOARD - A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

BOATHOUSE - A structure with direct access to a navigable body of water which is used for the storage of boats and associated equipment and which does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.

BUILDING : Any structure having a roof intended for shelter, housing, or enclosure of any person, process, equipment, animals or goods.

BUILDING HEIGHT : The vertical distance to the highest point of flat or mansard roofs including the top of a parapet or, in the case of pitched roofs, to the highest point of the ridge or top of the roof from the lowest existing grade that is both within six (6) feet of the walls of a building and more than six (6) feet from a creek, river, stream, pond or lake.

BUILDING HEIGHT : The vertical distance to the highest point of flat or mansard roofs including the top of a parapet or, in the case of pitched roofs, to the highest point of the ridge or top of the roof from the lowest existing grade that is both within six (6) feet of the walls of a building and more than six (6) feet from a creek, river, stream, pond or lake.

       **Webmasters Note: The previous definition was amended by Case No. 4433, effective May 21, 2007.

CHILD CARE FACILITY - A private or public establishment which provides child care for a fee for children placed there by parents, guardians, or other individual(s) responsible for their care. The term child care facility shall mean a day care or a school age child care program, as these terms are defined in Section Nine of Chapter 28A of the general laws of the Commonwealth of Massachusetts.

COMMERCIAL GAMBLING ESTABLISHMENT - Any premises wherein or whereon legal gaming is done. This term shall not include convenience stores or package stores which sell lottery tickets. This term does include commercial race tracks.

COMMERCIAL GARAGE - The use of any building, land area or other premises for the display and sale of new or used automobiles, trucks, vans, trailers, or recreation vehicles; or for the sale of gasoline or other motor vehicle fuel which may include facilities for lubricating, washing, cleaning or otherwise servicing of motor vehicles or for the commercial purpose of painting or repairing motor vehicles.

COTTAGE ERA ESTATE - A single Lot in the R-4 District consisting of no less than 80 contiguous acres, having a principal one-family dwelling dating from "America's Gilded Age" of approximately 1870-1920.

CUTTING OR REMOVAL OF TREES - Cutting or removal of trees shall mean the removal of one or more trees, trimming of major branches or cutting of roots.

DISTANCE : - The length between objects as measured on a horizontal plane.

       

DRIVE-IN-THEATER - An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

DUMP - A sanitary landfill, a refuse transfer station, a refuse incinerator rated by the Massachusetts Department of Health at more than one ton of refuse per hour, a resource recovery facility, a refuse composting plant, a dumping ground for refuse or any other works for treating, storing or disposing of refuse.

DWELLING, ONE-FAMILY - A detached residential building designed for and occupied by one (1) family only, but not including mobile homes whether placed on a foundation or not.

DWELLING, TWO-FAMILY : A detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families with not more than one (1) family in each unit.

DWELLING, MULTI-FAMILY : A residential building designed for or occupied by three (3) or more families, with not more than one (1) family in each unit.

DWELLING UNIT : One or more rooms constituting a separate, independent housekeeping establishment with cooking, living, sanitary and sleeping facilities for the use of one (1) family.

FAMILY : One (1) or more individuals related by blood, marriage or adoption, or not more than five (5) individuals who are not so related living in a single dwelling unit.

FAST FOOD ESTABLISHMENT : An establishment whose primary business is the sale of food for consumption on or off the premises and which has generally the following characteristics:

       a. The food is served over a service counter.

       b. The food is available upon a short waiting time.

       c. The food is packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

       d. The food is intended for immediate consumption rather than for use as an ingredient or component of meals.

       e. The food is served in disposable containers and utensils.

       f. The food is of a very specialized nature.

       g. Places which are commonly known as fast food establishments.

FUNERAL HOME - A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation and subject to all pertinent laws regulating such use.

       **Webmasters Note: The definition for Guest House has been deleted as per an update approved at a town meeting held on 5/17/04.

HALF-STORY : That portion of a building under a sloping roof the cubic contents of which are never more than one-half (1/2) of that of the story below. If the cubic contents are greater it shall be deemed a story.

HEALTH CARE FACILITY - A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. This term shall include, but not be limited to, hospitals, medical clinics, residential care facilities, long-term care facilities, and massage/health/fitness centers.

HOME OCCUPATION - Any service or business use conducted entirely within a dwelling or customary accessory building and carried on by the residents thereof, which use is clearly incidental and secondary to the use of the property for residential purposes and does not change the residential character thereof or have any exterior evidence of such secondary use except as permitted by this Bylaw.

HOTEL : A building with six (6) or more rooms in which lodging is offered to paying guests with customary hotel services including feeding in a central dining room on a transient or permanent basis.

JUNK YARD - Any area, lot, land, parcel, building or structure or part thereof, used for the storage, collection, processing, purchasing, sale, salvage or disposal of second hand parts and materials, including automobiles, trucks, tractor trailers, buses, motorcycles, or other vehicles as well as tractors, bulldozers, machinery and other equipment.

KENNEL : Structure and other facilities for the keeping of more than three (3) dogs, more than six (6) months old, or other household mammal pets for sale or boarding purposes.

LIBRARY - A structure open to the general public whose principal use is a repository for literary and artistic materials, such as books, records, prints, videotapes, etc.

LIGHT MANUFACTURING - A use involving the manufacture of a product, but not producing heavy, noisy or otherwise objectionable disturbances such as vibration, dust, odors, and heavy truck traffic, and not involving the use of heavy machinery.

LOT : A single tract of land held in identical ownership throughout, defined by metes and bounds or lot lines in a deed conveyance, or shown on a duly recorded plan.

LOT FRONTAGE - The shortest continuous distance measured along the way between the side lot lines at their intersection with the street from which "adequate access" is possible. See definition of "adequate access" above.

LOT WIDTH - The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum required building setback line.

       

MANUFACTURING - Any industrial process whereby the nature, size or shape of an article is changed into a product which generally shall be a finished product.

MOBILE HOME : A vehicular portable completely enclosed structure built on a permanent chassis, designed as a dwelling unit to be transported after fabrication on its own wheels or on flatbed or detachable wheels. For the purpose of this Bylaw the term "mobile home" includes trailers incorporating the characteristics of mobile homes as herein defined.

MOBILE HOME PARK - A parcel of land used or intended to be used, let or rented for occupancy, by mobile homes for living purposes, regardless of whether such structures actually are occupied seasonally or otherwise.

       **Webmasters Note: The definition for Motel has been deleted as per an update approved at a town meeting held on 5/17/04.

MUNICIPAL/GOVERNMENTAL USE - Any land, structure, or combination thereof used or controlled exclusively for public purposes by any department or branch of the Town of Stockbridge, Berkshire County, the Commonwealth of Massachusetts, or federal government whether or not such department or branch owns the building or structure and/or the land on which it is situated.

MUSEUM - A building or structure, whether public, private, commercial or non-commercial, used for education and display of matters of a historical, artistic, scientific, technological, natural or similar nature.

OPEN SPACE RECREATION - Any recreational activity, particularly oriented to and utilizing the outdoor character of an area including, but not limited to golf, tennis, swimming or skiing, sportsmen's club, livery or riding stable. Open space recreation does not include the use of property for sales or for events such as fairs or carnivals.

PENAL INSTITUTION - A place where persons convicted or accused of crimes are confined.

       

PLACE OF AMUSEMENT OR ASSEMBLY - An establishment engaged in providing entertainment for a fee and including such activities as studios, theatrical productions, musical entertainment and bowling alleys.

PRIVATE CLUB : Land and/or buildings used exclusively by members of an organized group, who are elected by a committee or by membership, and not open to public use.

PUBLIC UTILITY - A private or public enterprise that supplies or transmits gas, water, electricity or communications to any or all members of the public, and that is closely regulated by federal, state or town regulations because of its natural or legal monopoly; but not including any enterprise that provides wireless telecommunications services.

REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK - Any work done within the right-of-way by any person or agency, public or private. Within this definition is any work on any portion of the right-of-way which was not physically commenced at the time the road was designated as a scenic road. Construction of new driveways or alteration of existing ones is also included, in so far as it takes place within the right-of-way.

RESEARCH LABORATORY - An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.

RESTAURANT - An establishment where food and drink are prepared, served, and consumed, primarily within the principal building. The serving of alcoholic beverages may be permitted only as accessory to the primary use.

RIDING STABLE - An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and where horses may be hired for riding.

ROAD - A right-of-way of any way used and maintained as a public way including the vehicular traveled way plus necessary appurtenances within the right-of-way such as bridge structures, drainage systems, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways. When the boundary of the right-of-way is in issue so that a dispute arises as to whether or not certain trees or stone walls or portions thereof are within or without the way, the trees or stone walls shall be presumed to be within the way until the contrary is shown.

SCREENING : A screen shall consist of one of the following as determined by the Stockbridge Planing Board.

       a. Plant materials such as shrubs, trees or plants at least three feet in height at time of planting to reach a minimum height of five feet at maturity and that will form a dense year-round screen.

       b. A masonry wall, or a wooden or fabricated fence at least five feet in height, at least 50% solid design to obscure any view.

       c. Any existing growth of shrubs, trees or plants at least five feet in height, judged to provide adequate dense growth to obscure any view.

SIGN - Any structure or device used for the purposes of visual communication, which identifies or calls attention to any premises, person, product, activity, business or use of a property. For the purposes of this Bylaw the following shall not be included in the application of the regulations herein:

       a. Legal notices, identifications, information, directional or warning signs erected or required by governmental agents or bodies; or various warning signs as commonly used by property owners;

       b. Memorial signs or tablets not exceeding one (1) square foot in area;

       c. Signs directing, guiding or controlling traffic and parking on private property but bearing no advertising matter;

       d. Signs painted on or attached to duly registered motor vehicles except when the primary use of the vehicle is for a display rather than transportation and when the vehicle is usually within sight of a public way;

       e. Temporary signs on the inside of glass of store windows as commonly used in retail business, or such signs of special events or for political candidates.

SIGN, ACCESSORY - Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter. Signs located inside a building which are visible from outside the building are subject to all restrictions contained herein as to size and number of signs permitted.

SIGN, NON-ACCESSORY - Any sign that is not an accessory sign.

       

SIGN, AREA -

       

       a. The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting structure or bracing.

       b. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.

       c. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object.

       d. In computing the area of signs, both sides of V-shaped signs, but only one side of back-to-back signs, shall be counted.

STORY : That portion of a building contained between any floor and the floor or the ceiling next above it, but not including any portion so contained if more than one-half (1/2) of such portion vertically is below the average finished grade of the ground adjoining such building.

STREET : A public way, or a private way either shown on a plan approved in accordance with the Subdivision Control Law, or otherwise qualifying lots along it for frontage under the Subdivision Control Law.

STRUCTURE : Any construction or any production or piece of work artificially built up or composed of parts joined together in some definite manner including but not limited to tents, reviewing stands, platforms, satellite TV antennas, tennis courts, stagings, towers, display signs, fences, and swimming pools, but not including those fences which delineate property lines.

STREET LINE : The right-of-way line of a street as established under public authority, or as shown on a plan approved by the Planning Board, or if neither of the above apply, a line parallel to the center line of the street measured back a distance equal to one-half (1/2) of the normally required right-of-way.

SUMMER CAMP - A location away from home, often in a rural or country setting, where campers spend all or part of the summer living in tents, barracks, or dormitories, participating in organized activities, sports, and arts and crafts, and usually eating together in a central dining facility. A summer camp must comply with all applicable regulations of the state Sanitary Code Articles IV and VIII.

TAVERN/BAR - An establishment used primarily for the serving of liquor by the drink to the general public and where packaged liquors may be served or sold only as accessory to the primary use. Taverns and bars must serve food. Inn holders may operate a tavern/bar.

TEMPORARY STRUCTURE : Any tent, membrane structure, car port, storage unit, rigid canopy or similar portable or demountable structure, supported in whole or in part by members resting on the ground and lacking a permanent foundation, of a size and design sufficient and appropriate to allow the parking of an automobile therein.

       **Webmasters Note: The previous definition was added by Case No. 4433, effective May 21, 2007.

TENT SALE - An outdoor event at which food and/or merchandise is sold, whether or not held under a tent, tarp or similar shelter. The term tent-sale includes events commonly known as tag, garage, lawn or porch sales. The term tent sale does not include carnivals, fairs or events where games of chance are held, all of which are specifically prohibited.

TREES - A tree whose trunk has a diameter of four inches or more as measured one foot above the ground.

VETERINARY HOSPITAL - A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. A veterinary hospital may include a kennel.

WAREHOUSE - A building used to temporarily store or hold products or articles for use in assembly or manufacturing or for future transfer of said product or article to another location.

YARD, REQUIRED : The open areas of the lot extending inward from a lot line for the distance specified in the zoning regulations, within which no structure may be located except as otherwise provided in this Bylaw.

       

YARD, FRONT : A required yard extending along the full length of the front lot line between the side lot lines.

YARD, REAR : A required yard extending the full length of the rear lot line between the side lot lines.

YARD, SIDE : A required yard extending along a side lot line from the required front yard to the required rear yard.

ACT - The Telecommunications Act of 1996.

       

ADEQUATE COVERAGE - Coverage is considered to be "adequate" within that area surrounding a Base Station where the predicted or measured median field strength of the transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable for there to be holes within the area of Adequate Coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than -95 dbm further away from the Base Station. For the limited purpose of determining whether the use of a Repeater is necessary or desirable, there shall be deemed not to be Adequate Coverage within said holes. The outer boundary of the area of Adequate Coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm.

ADEQUATE CAPACITY - Capacity is considered to be "adequate" if the Grade of Service is p.05 or better for a worst case day in a preceding month, based on the Erlang B Tables, prior to the date of Application; or as measured using direct traffic measurement of the Personal Wireless Service Facility in question for existing Facilities requesting Major Modification, and where the call blocking is due to frequency contention at the antenna(s).

ANTENNA - A device which is attached to a Tower, or other structure for transmitting and receiving electromagnetic waves.

BASE STATION - The primary sending and receiving site in a wireless telecommunications network.

CHANNEL - The segment of the radiation spectrum from an Antenna which carries one signal. An Antenna may radiate on many Channels simultaneously.

COMMUNICATION EQUIPMENT SHELTER - A structure located at a Base Station designed principally to enclose equipment used in connection with Personal Wireless Service transmissions.

DBM - Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliwatt.

EMF - Electromagnetic Frequency Radiation

       

FACILITY SITE - The location within a Wireless Telecommunications Overlay District leased by one or more Personal Wireless Service Providers and upon which one or more Personal Wireless Service Facility(s) and required landscaping are located.

FACILITY/TOWER SPECIAL PERMIT (F/TSP) - The Special Permit required to be obtained in order to install any Tower or Personal Wireless Service Facility or for any Major Modification Of An Existing Facility within the Wireless Telecommunications Overlay District.

FCC - Federal Communications Commission. The Government agency responsible for regulating telecommunications in the United States.

FCC 96-326 - A Report and Order which sets new national standards for emissions of Radio-Frequency emissions from FCC-regulated transmitters. This Report And Order is now contained within Title 47 Regulations, Section 1, 1.1307.

GHZ - Gigahertz: One billion hertz.

       

GRADE OF SERVICE - A measure of the percentage of calls which are able to connect to the Base Station, during the busiest hour of the day. Grade of Service is expressed as a number, such as p.05 - which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better Grade of Service.

HERTZ - One hertz is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.

MAJOR MODIFICATION OF AN EXISTING FACILITY - Any change, or proposed change in power input or output, number of Antennas, change in Antenna type or model, repositioning of Antenna(s), change in number of Channels per Antenna above the maximum number approved under an existing Special Permit. Also any increase, or proposed increase in dimensions of an existing and permitted Tower or other structure designed to support Personal Wireless Service transmission, receiving and/or relaying antennas and/or equipment.

MAJOR MODIFICATION OF AN EXISTING REPEATER - Any removal of or change in location of any Repeater(s) from the Repeater Site(s) for which a Repeater Special Permit has been received.

MHZ - Megahertz: One million hertz.

       

MONITORING - The measurement, by the use of instruments in the field, of the radiation from a Site as a whole, or from individual Personal Wireless Service Facilities, Towers, Antennas or Repeaters.

MONITORING PROTOCOL - The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new Personal Wireless Service Facilities and Repeaters upon adoption of this Article. The SPGA may, as the technology changes, require, by written regulation, the use of other testing protocols. A copy of the Monitoring Protocol shall be on file with the Board of Selectmen and the Town Clerk.

MONOPOLE - A single self-supporting vertical pole with below grade foundations.

       

PERSONAL WIRELESS SERVICES - Commercial Mobile Services, unlicensed wireless services, and common carrier wireless exchange access services. These services include: cellular services, personal communications services (PCS), Specialized Mobile Radio Services, and Paging Services.

PERSONAL WIRELESS SERVICE FACILITY - All equipment (excluding any Repeaters) with which a Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof. This Facility may be sited on one or more Towers or structure(s) owned and permitted by another owner or entity.

PERSONAL WIRELESS SERVICE PROVIDER - An entity, licensed by the FCC to provide Personal Wireless Services to individuals or institutions.

RADIATION PROPAGATION STUDIES OR RADIAL PLOTS - Computer generated estimates of the radiation emanating from Antennas or Repeaters sited on a specific Tower or structure. The height above mean sea level, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide Adequate Coverage for the Personal Wireless Service Facility proposed for that Site.

REPEATER - A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive Adequate Coverage directly from a Base Station.

REPEATER SITE - The location within the Town of Stockbridge leased by one or more Personal Wireless Service Providers and upon which one or more Repeater(s) and required camouflage or screening are located.

REPEATER SPECIAL PERMIT (RSP) - The Special Permit required to be obtained in order to install any Repeater, or for Major Modification Of An Existing Repeater within the Town of Stockbridge.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA) - The Board of Selectmen shall be the SPGA for this Article.

TELEPORT - A multi-user commercial facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmission of data.

TOWER - A Monopole that is designed to support Personal Wireless Service transmission, receiving and/or relaying antennas and/or equipment.

WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD) - Specific area(s), determined by engineering analysis to contain sites where Adequate Service may be provided to the Town of Stockbridge, which, at the same time, have the potential of reducing or mitigating negative impacts in accordance with 6.25.1 of this bylaw. The Overlay District is defined in 6.6.A of this Bylaw.

APPLICANT . The person or legal entity who applies for approval or endorsement of a subdivision plan. The Applicant must be the owner of the land that is the subject of a plan or have legal consent from the owner to act on the owner's behalf.

EASEMENT . A right of use over the property of another.

       

LOT . An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings. The term 'lot" includes the term "parcel."

PRELIMINARY PLAN . A plan of a proposed subdivision or resubdivision of land drawn on tracing paper, or a print thereof, showing (a) the subdivision name, boundaries, north point, date, scale, legend and title "Preliminary Plan"; (b) the names of the record owner and the applicant and the name of the designer, engineer or surveyor; (c) the names of all abutters as determined from the most recent local tax list; (d) the existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner; (e) the proposed system of drainage, including adjacent existing natural waterways, in a general manner; (f) the approximate boundary lines of proposed lots, with approximate areas and dimensions; (g) the names, approximate location and widths of adjacent streets; (h) and the topography of the land in a general manner.

RIGHT-OF -WAY . A strip of land occupied or intended to be occupied by a street, sidewalks, if any, drainage catch basins or culverts, if any, and all utilities, either above or below ground . The right-of-way is to be separate and distinct from the lots and parcels adjoining such right-of-way and not included within the area or dimensions of such lots and parcels.

SKETCH PLAN . May be a simple free-hand sketch, preferably on topographic survey, showing proposed layout of street, lots, and other features in relation to existing conditions.

STREET . A public way, or private way either shown on a plan approved by the Planning board in accordance with Subdivision Control Law, or otherwise qualifying a lot for frontage under the Subdivision Control Law. The term "street" includes the term "road."

STREET , COLLECTOR . A street that collects traffic from minor streets and connects with other collector streets and major streets.

       

STREET, MAJOR . A street with stop signs at important intersections that distributes traffic to and from minor and collector streets.

STREET, MINOR . A street designed to provide vehicular access to abutting property and to discourage through 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 of 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) a public way or a way which the clerk of the town certifies is maintained and used as a public way, or (b) a way shown on a plan therefore approved and endorsed in accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective in the 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 zoning or other ordinance or bylaw, if any, of said town for erection of building on such lot, and if no distance is so required, such frontage shall be of at least twenty 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 town in which the land lies into separate lots on each of which one of such buildings remains standing shall not constitute a subdivision.

SUBDIVISION CONTROL LAW . M.G.L. c.41, 81K-81GG.