ACCESSORY - An accessory use or structure is one clearly subordinate to, and customarily incidental to, and located on the same premises with the main use or structure to which it is accessory.

ACCESSORY APARTMENT - A separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, that is substantially contained within the structure of a single family dwelling, but functions as a separate unit.

AUTOBODY SHOP - A structure where motor vehicle bodies and frames are repaired.

       

AUTO SALVAGE - A lot and/or structure where the principal purpose is to acquire, store, resell, disassemble, or otherwise be involved with motor vehicles that are in some way inoperative.

AUTO SATES - A lot and/or structure where motor vehicles are on display for sale and service.

       

AUTO SERVICE STATION - A building or part thereof whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service or general auto repair.

BOARD - A municipal organization with this title or its designated agent.

       

BUILDING INSPECTOR - The municipal official responsible for administering the state building code and enforcing the local zoning By-law.

BUSINESS/COMMERCIAL USE - Uses listed in Section 4.1, Schedule of Use Regulations, as "Business Uses" and including all other non-residential uses whose purpose is economic activity that does not involve the manufacture, assembly, processing or packaging of products.

BUSINESS CONVERSION - Internal change to an existing structure which increases the number of usable square feet, increases the number of potential establishments within that structure or provides for a mixture of residential and business uses within the same structure.

COMMENCING BUILDING ACTIVITY - The stage of building activity, at which, in the: opinion of the Planning Board, substantial manmade construction materials critical to the building's or site's functioning, have been permanently installed, or cases where commencing, such activity has been hindered due to circumstances beyond the control of the owner, a stage of building activity where, in the opinion of the Planning Board, proof can be shown that construction will unconditionally occur within six months.

COMMERCIAL GREENHOUSE - A greenhouse business producing nursery stock, flowers, vegetables and/or other plant materials and related supplies for wholesale and/or retail sale.

COMMON DRIVEWAY - A driveway that is shared though ownership and/or use by more than one property owner.

DWELLING - A building containing one (1) or more dwelling units.

       

DWELLING, MULTIFAMILY - A building containing five (5) or more dwelling units.

       

DWELLING, TWO FAMILY - A detached building containing two (2) dwelling units.

DWELLING, THREE FAMILY AND FOUR FAMILY - A detached building containing three or four dwelling units.

DWELLING UNIT - A roam or group of rooms forming a habitable unit for one (1) family, with facilities which are used or intended to be used for living, sleeping, cooking and eating.

FAMILY - One (1) or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit, not including a group of five (5) or more persons who are not within the second degree of kinship.

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 immediate 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.

FLEXIBLE RESIDENTIAL OPEN SPACE DEVELOPMENT (FROSD) - A form of residential development where the density of the dwelling units is no greater than would be permitted in the district in where the FROSD is located, but where the lot size and other dimensional standards may be reduced in exchange for the preservation of permanently protected open space, recreational land, forests, or farmland.

FRONTAGE - Distance between adjacent intersections of lot and street sidelines.

       

GROSS FLOOR AREA - The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common watt. Gross floor area shall exclude basements and attics. The surface area of tennis courts, swimming pools, driveways, parking spaces, decks, and porches is not included in the total floor area.

INCLUDING - Means "including but not limited to."

       

INFILL DEVELOPMENT - The development of new housing or other uses on scattered vacant sites in a built up area within the Infill Development Overlay District.

HEALTH AND HUMAN SERVICE - This use includes the residential, administrative and health care facilities associated with an organization whose purpose is the provision of mental, social and health services.

HOME OCCUPATION - For an occupation customarily carried on at home, the use of a tooth in a dwelling as an office, studio, or work room by a person residing on the premises and in connection with which there is kept no stock in trade nor commodity sold on the premises. The occupation can employ not more than two (2) persons not residents on the premises. A business will only be considered a home occupation if adequate parking is provided which is compatible with surrounding uses and traffic patterns.

HOMEOWNER'S ASSOCIATION - A private non-profit organization (corporation, association, or other legal entity) established by the developer to manage, maintain, support, and finance the common facilities and common open space of an FROSD, and to enforce certain covenants and restrictions.

HOUSE ADDITION - External construction to an existing house ;which increases the number of dwelling units. In no case shall an ADDITION be approved it if will result in more units per structure or per lot than are allowed in that zoning district. ALL HOUSE ADDITIONS shall require a special permit from the Planning Board.

HOUSE ALTERATION - An external or internal structural change to a house other than a HOUSE ADDITION or a HOUSE CONVERSION.

HOUSE CONVERSION - Internal changes to an existing house which increase the number of dwelling units. In no case shall a CONVERSION be approved if it will result in more units per structure or per lot than are allowed in that zoning district. ALL HOUSE CONVERSIONS shall require a special permit from the Planning Board.

LOT - Any parcel or tract of land, regardless of its size, which is owned under a single deed.

       

LOT COVERAGE - The maximum percentage of any lot that may be covered by buildings or any impermeable surfaces. This shall include parking areas.

LUMBER MILL - A facility for processing and open or enclosed storage and sales of building materials.

MIXED USE INFILL DEVELOPMENT - The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, retail, institutional, entertainment, or light industrial, on scattered vacant sites in a built up area within the Infill Development Overlay District.

MOBILE HOME - A vehicle used or intended to he used for human habitation whether self-propelled or designed to be drawn by a motor vehicle, and including so-called trailers, automobile trailers, trailer coaches and auto homes, and further including any portable structure, means ,of conveyance or vehicle which has been designed, constructed, altered or converted so as to permit occupancy thereof for dwelling or sleeping purposes. The term "mobile home shall mean a dwelling unit built an a chassis or permanent-metal framing A mobile home shall contain complete electrical, heating, plumbing and sanitary facilities, and be designed to be installed on a temporary or permanent foundation for the purpose of creating permanent living- facilities. The term "mobile home" shall include both single-wide and double-wide mobile homes. A Single- wide Mobile Home is defined as having a, width up to and including 14 feet. A single-wide home shall also be the term used for a "tag unit", which is a mobile home with a manufactured addition of 8 to 24 feet in width or length. A Double-wide Mobile Home has a width of 24 feet or greater, and consists of two units, each manufactured on a chassis and containing complete electrical, heating, plumbing, and sanitary facilities; and designed to be permanently combined on a site and installed on a temporary or permanent foundation for the purpose of creating permanent living facilities. The term mobile home" shall also include all such vehicles regardless of whether said vehicles have been converted or altered in any manner, including but not limited to the removal of wheels and/or undercarriages and/or chassis.

MOBILE HOME PARK - Any tract of land upon which more than one mobile homes occupied for dwelling purposes are located, including any buildings, structure, fixtures, and equipment used in connection with mobile homes.

MOTEL OR HOTEL - A building or group of buildings whose primary purpose is to provide accommodations on a transient basis for compensation, but not meeting the definition of "Non-family Accommodations." Accommodations having individual kitchen facilities shall be considered dwelling units.

MULTIFAMILY DWELLING - See Dwelling, Multifamily.

       

NON-CONFORMING - Structures, dimensions and uses not in complete conformance with the current bylaw. This shall include structures, dimensions and uses that are prohibited under this bylaw and/or those that require a special permit under this bylaw.

NON-FAMILY ACCOMMODATIONS - Includes boarding houses, bed and breakfasts, inns, lodging houses, guest houses, tourist homes, dormitories, room rental, or similar accommodations. Accommodations shall be considered hotels or motels If having a sign in excess of two (2) square feet or other departure from residential character; or, having a specified term of residence less than one (1) week , except where there is a resident family on the premises and accommodations for fewer than ten (10) non-residents.

OFFICE BUILDING - A structure consisting of over 2000 square feet of office space.

       

OPEN SPACE - Undeveloped land set aside for common or individual ownership as a result of an FROSD, with conservation easements and other deeded restrictions to ensure that the land will remain permanently open and undeveloped. A condition of FROSD approval is that open space may not be further subdivided.

PRIME AGRICULTURAL SOILS - Agricultural land with soils designated as prime or of statewide significance by the U.S. Natural Resources Soil Service soil surveys.

PROFESSIONAL HOME OFFICES - The use of a portion of a dwelling for the operation of an office of a physicial, dentist, opthalmologist, lawyer or other similar professional. Said office must be located within. the private residence of the professional.

PUBLIC GARAGE - A structure awned by a public or public subsidized entity that provides space for automobile parking.

RESIDENTIAL INFILL DEVELOPMENT - The development of new single family or two- family housing on scattered vacant sites in a built up area within the Infill Development Overlay District.

RETAIL BUSINESS - A land use that consists of a business that provides a physical product for sale to the retail consumer. Retail businesses shall be more specifically defined by the Standard Industrial Code (SIC) categories 52, 53, 57 and 59 (See Executive Office of the President, Office of Management and Budget. 1987. The Standard Industrial Classification Manual.)

ROADSIDE STAND - A structure of a seize permanent or temporary type located in a district in which agricultural uses are allowed, from which raw produce, not less than half of which is grown on the premises, is offered for sale to the public.

ROOM RENTAL - Leasing of a roaming unit, for living and sleeping but not for cooking and eating purposes, to an individual or individuals to whom owner or operator is not related by blood, marriage, or adoption. Leasing arrangements may last for a week or longer at a time, and may also include a meal arrangement.

ROOMING UNIT - One or more rooms designed, occupied or intended for occupancy as separate living quarters for occupancy as separate living quarters for one roomer or boarder with sleeping facilities but no kitchen facilities.

SERVICE BUSINESS - A land use that consists of a business that provides a non-material product for the retail consumer. Service businesses shall be more specifically defined by the Standard Industrial Code (SIC) categories 72, 73, 76, 80, 81 and 87. (See Executive Office of the President, Office of Management and Budget. 1987. The Standard Industrial Classification Manual.)

SETBACK - The minimum distance from a lot line to a building placed thereon, or feature thereof as is required in a particular situation by the Table of Dimensional Requirements.

SETBACK, FRONT - Setback required from a front line and from any street line of a corner lot or a through lot.

SETBACK LINE - A line, whether straight or not, which denotes the location of a minimum setback.

SETBACK, REAR - Setback required from a rear line.

       

SETBACK, SIDE - Setback required from a side line.

       

SITE ANALYSIS MAP - A map which identifies, locates, and describes noteworthy features to be designed around through sensitive subdivision layouts, such as vegetation, wetlands, steep slopes, farmland soils, historic or cultural features, threatened or endangered species, unusual geological formations, and scenic views or viewsheds.

SPECIAL PERMIT GRANTING AUTHORITY The Planning Board of the Town of Ware.

       

STRUCTURE - Any construction or assemblage of materials with a fixed location, including a building, platform, tower, pole, sign, fence, wall, dam, swimming pool, or any part of' the above.

UTILITIES - Public owned and/or private investor owned .facilities producing or managing resources such as electricity, gas, water, steam, telephone or transportation. This shall also include other goods or services consumed by the general public in a manner similar to that of the above examples. This definition shall also include organization's that sell such goods or services to other utilities for subsequent distribution to the public. This definition shall not include organizations that provide ancillary goods or services necessary for the production of a utility's main product. Organizations producing or managing potable water or waste water facilities that serve the Town of Ware shall be exempted from this provision.

WAREHOUSE - Indoor storage of goods, and allowing sale of goods incidental to primary function of facility; and also including self-storage facilities as defined and described in Mass General Laws, Chapter 105A.

WETLANDS - Areas characterized by vegetation described in Massachusetts General Laws, chapter 131, Section 40.

WHOLESALE BUSINESS - A land use that consists of a business that provides physical products for persons who sell those products to retail consumers. Wholesale businesses shall be more specifically defined by the Standard Industrial Code (SIC) categories 50 and 51. (See Executive Office of the President, Office of Management and Budget: 1987 The Standard Industrial Classification Manual.)

YARD, FRONT - The portion of a lot lying between the front line and the front setback line.

       

YARD, REAR - The portion of a lot lying between the rear line and the rear setback line.

       

YARD, SIDE - The portion of a lot lying between a side line and the corresponding side setback line.

AGRICULTURAL SIGN A Sign which may have wording that may be changed periodically to advertise products raised or grown principally on the premises.

AWNING SIGN A permanent sign which is affixed to or consists of a permanent or retractable awning or marquee permanently mounted to the exterior surface of a building.

BANNER SIGN A sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered "banners" for the purpose of this section.

BILLBOARD SIGN A sign which advertises a business, service, product, commodity, entertainment or similar object or activity which is conducted, sold or offered on a lot other than the lot on which the sign is erected.

BUSINESS CENTER Any aggregation of three (3) or more business or industrial tenants which share a common parking area.

CONSTRUCTION SIGN A sign identifying the proposed building, the owner or intended occupant and the contractor, architect and engineers. A construction sign for more than a single lot will be considered to be a "subdivision sign."

DIRECTIONAL OR INFORMATIONAL SIGN A sign which is necessary for the safety and direction of vehicular or pedestrian traffic.

DIRECTORY SIGN A sign listing the name and location of the occupants of a site or building.

       

DISPLAY AREA The total surface area of a sign, including all lettering, wording, designs, symbols, background and frame, but not including any support structure or bracing incidental to the sign. The display area of an individual letter sign, awning sign or irregular shaped sign shall be the area of the smallest rectangle into which the letters, designs or symbols will fit. Where sign faces are placed back-to-back and face in opposite directions, the display area shall be defined as the area of one (1) face of the sign.

ERECTING Any installing, constructing, reconstructing, replacing, relocating, re-lettering, except as specifically provided, extending, altering or otherwise changing of a sign. "Erecting" shall not include repairing or maintaining an existing sign.

EXTERIOR SIGN A wall sign, projecting sign or awning sign placed on or about the exterior of any structure.

FREESTANDING SIGN A non-movable sign not affixed to any building but constructed in a permanently fixed location of the ground with its own support structure, including a monument sign, and displaying a sign face on not more than two (2) sides.

GASOLINE PUMP SIGN The standard type of gasoline pump bearing thereon in the usual size and form the name or type of gasoline and the price thereof.

INDIVIDUAL LETTER SIGN A wall sign consisting of individual letters mounted to a building surface without any background or frame.

MOVABLE SIGN Any sign not permanently attached to the ground or to a building or permanent structure, which is designed to be portable, such as an A-Frame, H-Frame, T-Frame, banner or flag, trailer sign placed on the surface of the ground, temporarily staked into the ground or a sign attached to a motor vehicle (registered or unregistered).

NEON SIGN A sign which features exposed glass tubing filled with fluorescent gas.

       

OFFICE PARK OR INDUSTRIAL PARK SEE "BUSINESS CENTER."

       

PENNANT SIGN Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

PERMANENT SIGN A sign that is permanently attached to a building of having in-ground supporting structure(s) or braces.

POLITICAL SIGN A sign designated to influence the action of voters for the passage or defeat of a measure, or the election of a candidate to a public office at a national, state, county or local election

PROJECTING SIGN A sign which is permanently affixed to the exterior surface of a building or structure with the display area positioned perpendicular to the wall to which the sign is mounted.

REAL ESTATE SIGN A sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

ROOF SIGN A sign attached to or erected wholly upon and over the roof of any building and supported solely on the roof structure.

SHOPPING CENTER See "BUSINESS CENTER"

       

SIGN Any words, lettering, parts or letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks, whether stationary or portable, by which anything is made 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.

SPECIAL EVENT SIGN A sign, which is to be portable, to announce a church bazaar, fair, circus, carnival, festival, business or shop opening, special sale by a store or business or similar event. Such sign shall identify the event and the date of the event, and it may display the event's sponsor, organizer or main feature.

SUBDIVISION SIGN A sign to identify the name of the residential subdivision and located on the property of the subdivision.

TEMPORARY SIGN A sign that is used only temporarily, for not more than sixty (60) days within a twelve (12) month period.

TRAILER SIGN A sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes.

WALL SIGN A sign which is painted or otherwise permanently affixed to a vertical exterior surface of a building or structure with the display area positioned parallel with the wall to which the sign is mounted, and including such a sign affixed to a parapet or to the lower slope of a gambrel or mansard roof.

WINDOW SIGN A sign, picture, symbol or message that is placed inside a window, drawn, painted or etched on the window pane or glass or otherwise attached in or on a window and visible from the exterior of the window, not including any part of a customary window display of merchandise or other product.

INDUSTRY LIGHT - A manufacturing, processing, assembly, packaging or other industrial operation without limit as to category or product, provided that the operation:

       a) Shall not require municipal sewage in order to comply with the Massachusetts Department of Environmental Quality Engineering's regulations.

       b) Shall not generate more than 20 gallons of waste water per employee per day.

       c) Shall be operated using electric power only,

       d) Shall be completely enclosed within a building or buildings and shall show no external signs,

       e) Shall comply will all performance standards of this Section.

INDUSTRY RESTRICTED - The following industrial uses shall be defined as restricted industrial uses:

       Acetylene gas, cyanide compound or oxygen manufacture

       Asphalt manufacture or refining

       Chlorine or bleaching powder manufacture

       Creosote manufacture

       Distillation of coal or wood

       Drop forge shop

       Explosives, fireworks, or ammunition manufacture

       Fertilizer manufacture

       Fumigation plants

       Glue or size manufacture from fish or animal offal

       Gypsum, cement, plaster or plaster of paris manufacture

       Incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis (except where controlled by the Town)

       Junk yard, junk storage, scrapping of autos and parts and the salvage thereof

       Linoleum manufacture

       Match manufacture

       Paint and lacquer manufacture

       Petroleum refining and the bulk storage of petroleum products

       Sewage disposal plant (except where controlled by the Toxin)

       Soap, tallow, grease or lard manufacture

       Slaughterhouse

       Sulfurous, sulfuric, nitric or hydrochloric acid manufacture

       Tannery

       Tar or asphalt roofing manufacture

       

       Tar products manufacture

       All other enterprises or use which in the opinion of the Planning Board are hazardous to property and/or residents of the Town of Ware.

INDUSTRY, NOT RESTRICTED -- A manufacturing, processing, assembly, packaging or other industrial operation without limit as to ,category or product that is not a Light Industry and not a Restricted Industry.

AQUIFER -- A saturated geologic unit that is permeable enough to yield economic quantities of water to wells.

GROUND WATER -- Water beneath the surface of the ground whether or not flowing through known and definite channels.

IMPERVIOUS SURFACE -- A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-impervious surfaces such as compacted clay as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

HAZARDOUS OR TOXIC MATERIAL -- A material which is hazardous to human health or to the environment, as defined by the U.S. Environmental Protection Agency under 40 CFR 250 and the regulations of the Massachusetts Hazardous Waste Act, MGL Chapter 11.

LEACHABLE WASTES -- Waste materials including solid wastes, sludge, sewage, pesticide and fertilizer wastes capable of releasing water-borne contaminants to the environment.

RECHARGE AREA -- That portion of the drainage basin where water enters the saturated zone and the net flow of ground water is directed from the saturated zone to a reservoir or aquifer.

WATERSHED - A water supply drainage basin.

       

WATER SUPPLY DRAINAGE BASIN - An area within which all overland and subsurface water flows to a common body of water associated with a water supply or a potential water supply.

FLEXIBLE RESIDENTIAL OPEN SPACE DEVELOPMENT (FROSD) : A form of residential development where the density of the dwelling units is no greater than would be permitted in the district in where the FROSD is located, but :"there the lot size and other dimensional standards may be reduced in exchange for the preservation of permanently protected open space, recreational land, forests, or farmland.

HOMEOWNER'S ASSOCIATION : A private non-profit organization (corporation, association, or other legal entity) established by the developer to manage, maintain, support, and finance the common facilities and common open space of an FROSD, and to enforce certain covenants and restrictions.

OPEN SPACE : Undeveloped land set aside for common or individual ownership as a result of an FROSD, with conservation easements and other deeded restrictions to ensure that the land will remain permanently open and undeveloped. A condition of FROSD approval is that open space may not be further subdivided.

PRIME AGRICULTURAL SOILS : Agricultural land with soils designated as prime or of statewide significance by the U.S. Natural Resources Soil Service soil surveys.

SITE ANALYSIS MAP : A map which identifies, locates, and describes noteworthy features to be designed around through sensitive subdivision layouts, such as vegetation, wetlands, steep slopes, farmland soils, historic or cultural features, threatened or endangered species, unusual geological formations, and scenic views or viewsheds.

WETLANDS : Areas characterized by vegetation described in Massachusetts General Laws, chapter 131, Section 40.

SUBDIVISION shall mean the division of a tract of land into two or more lots and shall include re-subdivision, 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 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 city or town certifies is maintained and used as a public way, or

       (b) a way shown on a plan theretofore approved in accordance with the subdivision control law, or

       (c) 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 zoning or other ordinances or by-law, 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 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 city or town in which the land lies into separate lots on each of which one of such buildings remain standing, shall not constitute a subdivision". (Section 81-L of Chapter 41, G. L.)

PRELIMINARY PLAN shall mean a plan of a proposed subdivision or re-subdivision 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 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". (Section 81-L of Chapter 41, G. L.)

WAY shall mean a right-of-way or means of access to a lot. A public way is a way which has been accepted by and the land owned by the Town of Ware or by other means created as a public street. Any other way (private way) as a way over land which is owned by a private party but which is set forth by deed covenant, deed description, or other means as a private way."

ABUTTER shall mean all those property owners whose land abuts the proposed subdivision or land described in a plan believed not to require approval. It shall also mean those property owners directly across a street or road from the subject subdivision or land.

APPLICANT shall mean the owner of the land referred to in an application filed with the Planning Board or the owner's duly authorized representative.

BOARD shall mean the Planning Board of the Town of Ware.

       

BUILDING shall mean a dwelling, or garage, etc, not to be interpreted as a sewer, water, or other utility line.

COLLECTOR STREET shall mean any street not classified as either a Minor or Major Residential Street.

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 receipt if the plan is submitted by registered mail.

DEAD END STREET shall mean local streets open at one end only with special provisions for turning around.

EASEMENT shall mean a right acquired by public authority to use or control property for a utility or other designated purpose.

FRONTAGE shall mean the length of common boundary between a lot and a street legally qualifying to provide frontage for the division of land. To be measured continuously along one street line between side lot lines and their intersection with the street line or, in the case of a corner lot, to the midpoint of the corner arc.

HIGHWAY, STREET OR ROAD . This shall be a general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

LOT shall mean 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.

MAJOR RESIDENTIAL STREET shall mean a street which serves only the subject subdivision and does not provide connection between two existing streets nor which would be subject to non-subdivision traffic.

MINOR RESIDENTIAL STREET shall mean a street which provides access to less than ten (10) residential only properties and has no future potential for expansion or continuation.

MUNICIPAL SERVICES shall mean sewers, storm water drains, water mains, gas pipes, electrical lines, telephone lines, TV cables, fire alarm system, street lights and their respective appurtenances.

PROTECTIVE COVENANT shall mean a contract between the subdivider and the lot purchaser expressing agreement covering use of land.

RESTRICTIVE COVENANT shall mean a contract between the subdivider and the Planning Board or other public authority concerning the use of the land inscribed on the definitive plan, or contained in a separate document referred to on the definitive plan.

SUBDIVISION CONTROL LAW shall mean Sections 81-K to 81-GG, inclusive, of Chapter 41 of the general Laws and any acts in amendment thereof, on addition thereto or in substitution therefor.

TOWN shall mean the Town of Ware.

       

TOWN ENGINEER shall mean an engineer hired either full- or part-time by the Town of Ware.