ACCESSORY BUILDING - A building customarily incidental to a principal building on the same lot or on an adjoining lot under the same ownership, and not attached to the principal building by any covered or roofed structure.
ACCESSORY USE - The use of a building or premises which is customarily incidental to a principal permitted use.
AGRICULTURAL USE, EXEMPT - Agriculture, horticulture, silviculture, aquaculture, or viticulture exempted by M.G.L. c. 40A, s. 3.
AGRICULTURAL USE, NONEXEMPT - Agricultural use of property not exempted by M.G.L. c. 40A, s. 3.
ALTERATION - A change in or addition to a building or structure.
ANIMAL UNIT - An animal unit shall be defined as 1 horse, 1 pony, 1 cow, 1 steer, 7 sheep or 7 goats.
AQUIFER - Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water and as defined by DEP Standards.
AS-OF-RIGHT SITING : As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval in designated locations. As-of-right development shall be subject to Site Plan Approval by Monson Planning Board acting as the Site Plan Review Authority (SPRA) to determine conformance with local zoning ordinances or bylaws.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
AUTOMOBILE REPAIR SHOP - Premises for the servicing and repair of autos, with or without fuel sales.
AUTOMOBILE SERVICE STATION - Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.
AUTOMOBILE OR MOTORCYCLE SALES - Facility for the sale of motor vehicles or motorcycles.
BED AND BREAKFAST ESTABLISHMENT - A private, owner occupied residence with one to four guestrooms. The bed and breakfast is subordinate and incidental to the main residential use of the building. Individual guests are prohibited from staying at any particular bed and breakfast establishment for more than twenty-one days in any one year period.
BUILDING - A combination of any materials forming a roofed enclosure intended for the shelter of persons, animals, or property, including any part of a building and porches and accessory buildings attached thereto and not to include trailers or mobile homes.
BUILDING COVERAGE - The percentage which the aggregate area of all buildings on the lot bears to the area of the lot.
BUILDING HEIGHT - The vertical distance from the average finished grade within 10 feet of the walls of the building to the highest point of the top story in the case of a flat or mansard roofs, including the top of a parapet, or to the mean level between the plate and the ridge for gable, hip, or gambrel roofs.
BUILDING INSPECTOR - The Board of Selectmen or their duly authorized agent.
BUILDING PERMIT : A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground- mounted large-scale solar photovoltaic installations.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
BUILDING SETBACK LINE - A line parallel to the street at a distance equal to the required front yard or at a greater distance when otherwise legally established by the Town or by private covenant.
CAMPING UNIT - Tent, collapsible tent trailer, motor home, pick-up camper, truck cap, and travel trailers of twenty-four (24) feet or less.
CHILD CARE FACILITY - A day care center or school age child care program, as those terms are defined in M.G.L. c. 28A, s. 9.
CLUB - A bona-fide membership organization established under provisions of the General Law.
CLUB, PRIVATE MEMBERSHIP, NOT CONDUCTED AS GAINFUL BUSINESS - Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATIONAL CAMPGROUND FOR TRANSIENT GUESTS - An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, which is primarily used for recreational purposes and retains on open air or natural character.
CONGREGATE ELDERLY AND HANDICAPPED HOUSING - A building or buildings arranged or used for the residence of persons age fifty-five (55) or older, or for handicapped persons, as defined in Chapter 121B of the Mass. General Laws, with some shared facilities and services.
DAY CARE CENTER - Any facility operated on a regular basis whether known as a day nursery, nursery school, child play school, or known under any other name which receives 7 or more children during the course of any one day.
DRIVEWAY - That portion of a parcel of land on private property designated by the property owner as the vehicle access from a street to parking or garage areas on private property. A driveway shall have a maximum grade of 12% for a distance of twenty-five (25) feet from the street line and shall be no closer than ten (10) feet from any abutting side property line. The driveway access shall occur across the minimum frontage required in the Zoning District in which the frontage is located.
DWELLING - A building occupied as a residence.
DWELLING CONVERSION - The conversion of a one-family dwelling existing at the time of enactment of the Bylaw into not more than a four (4)-family dwelling unit.
DWELLING, MULTI-FAMILY - A building containing at least three but not more than eight dwelling units with separate sleeping, cooking and sanitary facilities.
DWELLING UNIT - One or more rooms providing complete sleeping, facilities for living, cooking, and bathing, for the exclusive use of the occupants of the dwelling unit.
EDUCATIONAL USE, EXEMPT - Educational facilities exempted from regulation by M.G.L. c. 40A, s. 3.
EDUCATIONAL USE, NONEXEMPT - Educational facilities not exempted from regulation by M.G.L. c. 40A, s. 3.
FAMILY - Any number of individuals related by blood, marriage, or adoption, living together as a single housekeeping unit, provided that a group of not more than seven persons keeping house together, but not necessarily related by blood or marriage, may be considered a family.
FAMILY DAY CARE HOME - Any private residence operating a facility as defined in G.L. c. 28A, s. 9.
FARM BUSINESS - Business established for the processing, display or sale of farm products, fifty percent (50) of which must have been raised or produced on the premises or elsewhere in the Town of Monson.
FAST FOOD ESTABLISHMENT - An establishment whose primary business is the sale of food for consumption on or off the premises which is: a) primarily intended for consumption rather than for use as an ingredient or component of meals; b) available upon a short waiting time; and c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
FENCE - A man made barrier intended to prevent escape or intrusion or to mark a boundary.
FRONTAGE - The linear distance of a lot measured along the street right-of-way from the intersection of one side-lot line to the intersection of the other side of the same lot provided that the minimum frontage required by this Bylaw shall be satisfied by a continuous, uninterrupted segment of such frontage. Lot frontage for each lot shall be on a public way.
FUNERAL ESTABLISHMENT - Facility for the conducting of funerals and related activities such as embalming.
GARAGE, PRIVATE - A building or part thereof used for the storage of motor vehicles and accessory to a principal building on the same lot.
GENERAL SERVICE ESTABLISHMENT - A facility providing general services such as cleaning and laundry service, radio and electrical repair shop, but excluding motor vehicle repair or service.
GROUNDWATER - All the water found beneath the surface of the ground.
HABITABLE AREA - The floor area of the living space for the exclusive use of a single family in a dwelling or in a dwelling unit. Living space shall not include porches, breezeways, garage, basement, and any unfinished or community areas, and shall be measured as net area, or as gross area less twelve percent (12%) for partitions and walls. Any area with less than six and one-half feet 6 1/2 ft.) clear head room shall not be considered habitable.
HAZARDOUS WASTE - A waste, which is hazardous to human health or the environment. Hazardous wastes have been designated by the U.S. Environmental Protection Agency under 40 CFR 250 and the Regulations of the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws Chapter 21C.
HOME OCCUPATIONS - A use, which is customarily and may properly be carried on for compensation entirely within a dwelling or accessory building.
HORTICULTURE - The growing and harvesting of fruits, vegetables, grains, berries, nuts and other plant fit for human consumption, feed for animals, tobacco, flowers, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs.
IMPERVIOUS SURFACES - Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION : A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
LEACHABLE WASTES - Waste materials capable of releasing waterborne contaminants to the environment.
LIVESTOCK - shall mean domestic animals, including horses, ponies, cows, sheep and goats.
LOT - A single area of land in one ownership defined by meets and bounds or boundary lines on a deed recorded in the Registry of Deeds, Hampden County, or drawn on a plan approved under the Subdivision Control Law, or on a plan endorsed by the Planning Board stating "Approval not required under the Subdivision Control Law", or words of similar import.
LOT COVERAGE - The portion of a lot which is rendered impervious to rainfall, including but not limited to structures, pavement and permanent accessories.
LOT, BUILDABLE - A land area meeting the specifications of the Bylaw and other lawful restrictions exclusive of the area of water courses, water bodies, wetland and land unsuited to common human activities. A buildable lot does not include land regulated by 310 CMR 10.
LOT, CORNER - A lot bounded on two (2) or more sides by streets in any corner lot, the street line setback must be maintained from all street lines forming boundaries of a lot.
LOT, THROUGH - A lot other than a corner lot which extends all the way between and abuts two or more generally parallel streets.
LOT LINE - The established division line between lots or between a lot and a street.
LOT LINE, FRONT - The property line dividing a lot from a street (right-of-way). On a corner lot the owner shall designate one street line as the front lot line.
LOT LINE, SIDE - The line or lines bounding a lot which extend from the street toward the rear in a direction approximately perpendicular to the street. In the case of corner lots, or through lots, all lines extending from streets shall be considered side lot lines.
LOT LINE, REAR - The lot line opposite the front lot line.
MANUFACTURED (OR MODULAR) HOUSING - A pre-fabricated structure made up of parts of standardized size that are arranged or fitted together to form a dwelling unit. The unit is usually transported by truck from a factory to a site built and placed on a foundation. A modular unit is not a mobile home and does not fall under the mobile home requirements of this Bylaw.
MANUFACTURING: -A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) The system of conveyances designed or used for collection or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structures that together comprise the storm drainage system owned or operated by the Town of Monson.
MEDICAL OR DENTAL CENTER OR LABORATORY: -A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
MONOPOLE - The type of structure upon which antennas and other wireless communications devices are mounted that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOTEL-MOTOR HOTEL - A building designed and used for lodging transients in non-housekeeping units with not less than twelve units in any one building. One permanent housekeeping dwelling unit is permitted for occupancy of a manager or custodian. Rooms for assembly, a swimming pool for the use of guests, and the serving of food shall be deemed to be accessory uses.
MUNICIPAL FACILITIES - Facilities owned or operated by the Town of Monson.
NON-CONFORMING BUILDING - A building legally existing at the effective date hereof, but which does not conform to all of the applicable requirements of this Bylaw regarding area and width of lot, frontage of lot, percentage of building coverage, required yards and parking facilities and building height limits.
NON-CONFORMING USE - A use of land, building, or premises which is not a use permitted by the provisions of this Bylaw for the district in which such land, building, or premises are situated, but which was legally existing at the effective date hereof.
OFFICE BUILDING - A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION : A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
OPEN SPACE - The space on a lot unoccupied by buildings or structures, unobstructed to the sky by man-made objects other than walks, swimming pools, and terraced areas not devoted to streets, driveways, off-street parking or loading spaces and expressed as a percentage of total lot area.
OUTDOOR ADVERTISING BOARD - The Outdoor Advertising Board of the Commonwealth of Massachusetts or any board or official which may hereafter succeed to its powers or functions. Parking Area - Any open space used for parking motor vehicles exclusively, and in which no gasoline nor motor vehicle accessories are sold, or no other business conducted.
PERSON - Shall include an individual, corporation, society, association, partnership, trust or other entity, public or private.
PERSONAL SERVICE ESTABLISHMENT - A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio or shop, and the like.
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD) A housing development for persons of age 55 and older on a minimum of 10 acres of land, with extensive open space where the overall density does not exceed that which would occur in a conventional development.
PREMISES - The portion of a lot or building actually in use for the specific purpose or under consideration.
PRIMARY AQUIFER RECHARGE AREA - Areas which are underlain by surficial geologic deposits including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward public water supply wells or potential sites for such wells and as defined by DEP Standards.
PRIVATE STABLE - A building or part of a building in which one or more horses or ponies are kept for the private use of the owner, and in which no horses or ponies are kept for sale, rent, hire, breeding, or for commercial cartage, trucking or other business purposes.
RADIOACTIVE WASTE - Any waste material or substance which is a source of ionizing or non-ionizing radiation.
RATED NAMEPLATE CAPACITY : The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
REST HOME, CONVALESCENT OR NURSING HOME - Any building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
RESTAURANT OR TAVERN - A building, or portion thereof, containing tables and/or booths for at least two-thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast food establishments."
RETAIL - A facility selling goods to the public but not specifically listed in the Schedule of Use Regulations.
SETBACK - The distance required from a street line to the nearest wall of a building.
SIGN - Any object constructed of any material that is intended or designed to advertise or call the attention of the public to the premises to a product made, displayed, or sold, and to services rendered thereon, or to identify the building or the occupants thereof, or any privately owned permanent or temporary device, billboard, placard, painting, drawing, poster letter, word, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction which is on a public way or on private property within public view of a public way, public park or reservation.
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.
SIGN, AREA OF 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 included.
SIGN, NON-ACCESSORY - Any sign not an accessory sign.
SIGN, TEMPORARY - Any sign, including its supporting structure, intended to be maintained for a continuous period of not more than one-hundred (100) days in any calendar year. A temporary sign shall incorporate such uses as political events and elections, tag sales and other special events.
SIGN, STANDING - Any accessory sign that is not attached to a building.
SITE PLAN REVIEW : review by the Site Plan Review Authority to determine conformance with local zoning ordinances or bylaws.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
SITE PLAN REVIEW AUTHORITY : For purposes of this bylaw, Site Plan Review Authority is the Monson Planning Board.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
SOLAR PHOTOVOLTAIC ARRAY : an arrangement of solar photovoltaic panels.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
STREET - A "street" is (a) a public way currently funded for maintenance and used as a public way and which is certified by the Town Clerk as being accepted by Town vote and not subsequently abandoned by Town vote, or (b); a public way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or (c); a public way in existence when the subdivision control law became effective as shown on the "official street map". Privately owned ways, abandoned ways, and proposed ways as shown on the "official street map" at the time of its adoption are not "streets" in conformance with this definition.
STREET LINE - The dividing line between a street and a lot, and in the case of a public street, the Street line established by public authority. If street lines have not been so established, they shall be deemed to exist twenty-five (25) feet on each side of the center line of the street.
STRUCTURE OF ACCESSORY STRUCTURE - A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall for a structure, tent, reviewing stand, platform, bin, flagpole, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof".
SUBDIVISION - Including resubdivision, shall be as defined in the Subdivision Control Law.
SWIMMING POOL - A body of water eighteen (18) or more inches in depth below grade at any point in an artificial or semi-artificial receptacle or container, permanent or temporary, whether located indoors or outdoors, used or intended to be used for public, semi-public, or private swimming by adults or children or both, whether or not any charge or fee is imposed for such use, and includes all structures, appurtenances, equipment, appliances, and all other facilities appurtenant to or intended for the operation and maintenance of a swimming pool, and also all pools operated and maintained in conjunction with or by clubs, community association, and motels.
SWIMMING POOL, FAMILY - A swimming pool used or intended to be used only by the owner or lessee thereof and his family and by his friends invited or permitted to use it without payment of any fee.
SWIMMING POOL, SEMI-PUBLIC - A swimming pool to be used by a non-profit organization of not more than two-hundred (200) persons living in the immediate vicinity of the pool.
a. A semi-public pool shall be operated under a set of Bylaws which include safety rules, limited guest privileges, as well as regulations to keep the use of said pool from becoming objectionable to the abutter and neighbors, or a general nuisance.
b. Sufficient provision shall be made on the property in which the pool is located for off-street parking for all members or their guests.
TRAILER - Any vehicle, or object on wheels and having no motive power of its own but which is drawn by or used in connection with a motor vehicle and which is so designed and constructed, or reconstructed, or added to by means of such accessories as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks, or other foundations and shall include a type of vehicle commonly known as mobile home, which shall be defined to mean a dwelling unit built on a chassis and containing electrical, plumbing, and sanitary facilities and designed to be able to be installed on a temporary or permanent foundation.
TRANSMISSION LINES : Those conductors and their necessary supporting or containing structures which are located entirely outside of buildings and are used for transmitting electric energy which is not connected to individual users/property owners.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
TRAVEL OR CAMPING TRAILER - A vehicle similar to a trailer or mobile home, but not exceeding thirty (30) feet in length and designed primarily for recreational purposes. The term "travel or camping trailer" shall also be applied to any motor vehicle whose body has been equipped for occupancy similar to that of a travel trailer or camping trailer.
USE - The purpose for which a structure or lot is arranged, designed or intended to be used, occupied or maintained.
VETERINARY ESTABLISHMENT - A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the clinic or hospital use.
WATERSHED AREA - Lands lying adjacent to water courses or bodies which create the catchment of drainage areas of such water bodies or courses.
WINDMILL A wind energy conversion system which converts wind energy to mechanical or electrical energy, consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10 kw, and which is intended primarily for on-site consumption of utility power. (Adopted 11/27/2006)
WINDMILL HEIGHT The height from original ground level to the top of the rotor at its highest point. (Adopted 11/27/2006)
WIRELESS COMMUNICATIONS FACILITIES - The structures and devices designed to facilitate cellular and telephone services, personal communications services and enhanced specialized mobile radio service as defined in Section 704 of the Federal telecommunications Act of 1996. Included are towers, antennae mounted to towers or other structures, and accessory structures, such as sheds, which are directly required for facility operations. Not included in this definition are antennae and dishes used solely for residential television and radio reception; and amateur radio facilities used in accordance with the terms of any amateur radio service license issued by the Federal Communication Commission provided the tower is not used for commerce.
YARD - A required open space, unoccupied except as herein permitted, between a principal building and a street or a lot line.
YARD, FRONT - A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins.
YARD, REAR - A yard adjacent to the rear lot line and extending between side lot lines.
YARD, SIDE - A yard adjacent to the side lot line extending from the front yard to the rear yard.
ZONING ENFORCEMENT AUTHORITY : The person or board charged with enforcing the zoning ordinances or bylaws.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 10/18/10.
ZONING PERMIT - A zoning permit is issued by the Zoning Enforcement Officer.
AQUIFER : Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water of potentially recoverable water.
WATER SUPPLY PROTECTION DISTRICT : The zoning district defined to overlay other zoning districts in the Town of Monson. The Water Supply Protection District may include specifically designated recharge areas.
IMPERVIOUS SURFACE : Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
MINING : The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
POTENTIAL DRINKING WATER SOURCES : Areas which could provide significant potable water in the future.
RECHARGE AREAS : Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III.
TOXIC OR HAZARDOUS MATERIAL : Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water in the Town of Monson. Toxic or hazardous materials include, without limitation; synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.) Chapter(c.) 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
EARTH MATERIAL shall include soil, sod, loam, peat, clay, sand, gravel or quarried stone and other natural earth materials.
BOARD shall mean the Zoning Board of Appeals.
ADULT ENTERTAINMENT USES shall include the following uses:
ADULT BOOKSTORE : An establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT CABARET : A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which features:
a) Persons who appear in a state of nudity; or
b) Live performances which are characterized by an emphasis on depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement; or
c) Motion pictures, films, video cassettes, cable television, slides, DVDs or other photographic reproductions, which are characterized by the depiction or description of anatomical areas, specified as above, or relating to sexual conduct or sexual excitement.
ADULT MOTION PICTURE THEATER : An enclosed building or outdoor venue used for public uses, for presenting material (motion pictures, films, cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT PARAPHERNALIA STORE : An establishment having as a substantial or significant portion of its stock in devices, objects, tools, toys, or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement.
ADULT VIDEO STORE : An establishment having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY FOR ITS PATRONS : An establishment which provides live entertainment for its patrons, that includes persons in the state of nudity; or live performances which are characterized by an emphasis on depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement.
NUDITY as defined in Massachusetts General Law c.272, S31 The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct of nudity.
BOARD : Shall mean the Planning Board of the Town of Monson.
CERTIFIED BY (OR ENDORSED BY) A PLANNING BOARD : As applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded shall mean bearing a certification or endorsement signed by a majority of the members of a Planning Board or any other person authorized by the Board to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and Recorder of the Land Courts signed by a majority of the Board.
CONSULTANTS OR CONSULTING SERVICES : Includes, but is not limited to, architects, biologists and environmental experts, chemists, engineers, geologists, landscape architects, planners, lawyers, sanitarians, and surveyors.
DATE OF SUBMISSION : Shall be either the date of the next regularly scheduled Planning Board meeting in the case of personal delivery, or the date of mailing If the plan is submitted by registered mail, or date of receipt by the Town Clerk.
DEFINITIVE PLAN : A proposed, detailed plan of a subdivision submitted by the applicant to be recorded in the Registry of Deeds or Land Court when approved by the Planning Board.
DEVELOPMENT IMPACT STATEMENT : A documented, written analysis of a proposed subdivision which contains all information provided by Section VIII of the Regulations and which provides the Planning Board and its agents or consultants with information necessary for plan review. The DIS is prepared by the applicant.
EASEMENT : A right in laud acquired by public authority or other person to use or control property for a utility or other purpose.
ENGINEER OR SURVEYOR : Person registered by the Commonwealth of Massachusetts to perform professional civil engineering or land surveying services.
LOT : Area of land in one ownership with definite boundaries, used or available for use, as the site of one or more buildings. Areas endorsed by the Board upon a plan as "not available for building purposes" shall not be considered lots.
OWNER : The owner of the record as shown by the records In the Hampden County Registry of Deeds or Land Court.
PRELIMINARY PLAN : A plan of a subdivision submitted by the applicant showing sufficient Information as specified in Section IV to form a clear basis for discussion and clarification of Its general contents and for the preparation of a Definitive Plan.
STATE CONSTRUCTION STANDARDS, MASSACHUSETTS DPW CONSTRUCTION STANDARDS : These specifications are published by the Massachusetts Department of Public Works. They are entitled Standards Specifications for Highways and Bridges, and include all supplements, updates, revisions or future editions covering substantially the same subject matter. (All matters left open or undetermined by these specifications shall be specified by the Board on a case by case basis.)
STREET : A "street" is (a); a public way certified as such by the Clerk of the Town of Monson and used as a public way; or (b), a public way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law; or (c), a public way in existence when the subdivision control law became effective as shown on the "official street map." Privately-owned ways, abandoned ways, and proposed ways as shown on the "official street map" at the time of its adoption are not "streets" In conformance with this definition.
STREETS :
Major Streets: A street which, in the opinion of the Board, is likely to carry substantial volumes of through traffic. Refer to 6.25 - Table 1.
Secondary Streets: A street other than a major street, which, in the opinion of the Board, is likely to carry traffic other than just to or from lots on that street. Refer to 6.25 - TYPE 1.
Minor Residential Street: A street which is likely to be used only by vehicles travelling to or from lots on that street.
DEAD END STREETS/CUL-DE-SAC : A public or private vehicular right-of-way which affords the principal means of access to abutting property and which joins another thoroughfare at only one end. (Any such thoroughfare, which joins or intersects a dead-end street/cul-de-sac, shall have adequate access at both ends from a Town, County or State public way adjacent to the subdivision. Refer to 6.25 - Table 1.
SUBDIVISION : Subdivision" shall mean 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 laud or territory subdivided.
The division of a tract or land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control law under any of the following conditions:
1. At the time the subdivision is made, every lot within the tract so divided has frontage on a street, as defined in the Monson Zoning Bylaws.
Such frontage shall be of at least such distance as is then required by the Zoning Bylaw of the Town of Monson for erection of a building on such lot, and if no distance is required, such frontage shall be of at least twenty (20) feet.
2. 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.
SUBDIVISION, TYPE I : A subdivision for residential purposes with less than eight (8) lots.
SUBDIVISION, TYPE II : A subdivision for residential purposes with eight (8) or more lots, and/or business and commercial purposes.
UTILITIES : private or municipal services to be furnished within the subdivision, Including telephone, cable TV, electric light and power, gas lines, sanitary sewers, water drains, water pipes and appurtenances.