AFFORDABLE HOUSING Dwelling units which are available for rent or purchase to households earning up to one hundred and fifty (150) percent of the median income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.
ABANDONED, ABANDONMENT The visible or otherwise apparent intention of an owner or occupant to discontinue or abandon a particular nonconforming use or structure including, but not limited to, the removal of equipment or furnishings customarily incident to a particular use without their immediate replacement with similar equipment or furnishings or the replacement of a nonconforming use or structure with a conforming use or structure.
BOARD The Town of Bedford Zoning Board of Appeals which for the purposes of MGL Ch 40A shall be deemed the Permit Granting Authority.
BUILDING A structure enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
BUILDING CODE The State Building Code of the Commonwealth of Massachusetts as the same may be amended from time to time. Terms used in this Bylaw shall have the same meaning as ascribed to them in the Building Code unless the context of usage in this Bylaw clearly indicates another meaning.
BYLAW The Town of Bedford Zoning Bylaw. All Sections and Subsections refer to Sections and Subsections of this Bylaw unless otherwise specifically stated.
DORMITORY A building designed or occupied as a residence for students or staff of an educational institution owned or operated by or for such institution.
FRATERNITY OR SORORITY HOUSE A building occupied by a group of students of either sex of an educational institution as their residence during the academic year.
FRONTAGE A continuous portion of a sideline of a street between the side lot lines of a lot. Frontage shall be measured in accordance with the requirements of Subsection 6.2.3.
LOT An area of land in one ownership with definitive boundaries ascertainable from a recorded deed or recorded plan.
ONE OWNERSHIP Undivided ownership of a lot by one or more natural or legal persons, whether title thereto be joint, in common or by the entirety.
PLANNING BOARD The Town of Bedford Planning Board which for the purposes of Chapter 40A shall be deemed the Special Permit Granting Authority on petitions for Cluster Development as set forth in Section 8.
RECORD, OR RECORDED Title to a lot as disclosed by a deed recorded in the Middlesex County South District Registry of Deeds, or a Certificate of Title issued by the Land Court and registered in the Land Court Section of such Registry or record title disclosed by any and all pertinent public records.
SIDELINE OF STREET A line which coincides with the sideline of the street right of way.
STREET An improved public way laid out by the Town of Bedford, the Middlesex County Commissioners or the Commonwealth of Massachusetts, or a way which the Bedford Town Clerk certifies is maintained by public authority and used as a public way, or a way in existence having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to accommodate the vehicular traffic anticipated by reason of 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. A way shall not be a street with respect to any lot which does not have appurtenant to it a recorded right of access to and over such way for vehicular traffic.
STRUCTURE A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word structure shall be construed, where the context requires, as though followed by the words or part or parts thereof.
USE, ACCESSORY Any use which is customarily accessory and incidental to a permitted principal use.
USE OR STRUCTURE, NONCONFORMING A use or structure lawfully existing at the time of adoption of this Bylaw or any subsequent amendment hereto, and any use or structure lawfully begun or in respect of which a building permit or Special Permit has been issued before the first publication of notice of public hearing on this Bylaw or any amendment hereto, which does not conform to one or more provisions of this Bylaw.
USE, PRINCIPAL The main or primary purpose for which a structure or lot is designed, arranged or intended or for which it is permitted to be used, occupied or maintained under this Bylaw.
NURSING/SPECIAL CARE FACILITY A facility for the care of persons requiring daily attention by medical or nursing personnel or for reasons of ill health or physical incapacity.
HOSPITAL FACILITY A facility or institution where sick or injured persons are given medical and surgical care.
CONGREGATE LIVING FACILITY A facility providing private or communal lodging for persons requiring limited medical attention or supervision and who ordinarily are ambulatory. In addition to bed space such facilities may include semi-private or private food preparation facilities, common dining facilities and common semi-private or private bath and toilet facilities.
INDEPENDENT LIVING FACILITY A facility providing independent dwelling for a retired or elderly couple or individual. In addition to bed space such facilities ordinarily would include private toilet, bath, food preparation facilities and a private dining area.
ELDERLY Two or more persons sharing a household, the older of which is 55 years of age or over or a single person who is 55 years of age or over.
AQUIFER : Geologic formation composed of sand and gravel, or of rock, that contains significant amounts of potentially recoverable water.
GROUNDWATER : All water found beneath the surface of the ground.
SPECIAL PERMIT GRANTING AUTHORITY : The special permitting granting authority shall be the Selectmen.
ZONE I : The protective radius required around a public water supply well or wellfield, as defined in 310 CMR 22.02.
ZONE II : The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.02. For the purpose of this bylaw, the Zone I area is incorporated into Zone II.
ZONE III : The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.02.
Zone IIIA is the land area beyond Zone II from which groundwater drains directly into Zone II, such as areas of glacial till and bedrock adjacent to Zone II.
Zone IIIB is the area beyond Zone II which drains into Zone II by surface water fiow, such as the drainage basin of rivers that run near a well.
BOARD . The Town of Bedford Planning Board.
PRINCIPAL WAY . A way or portion thereof, which, in the opinion of the Board, is likely to carry a substantial volume of through vehicular traffic.
SECONDARY WAY . A way or portion thereof other than a principal way, which, in the opinion of the Board, is likely to carry traffic other than just to or from lots on the way.
MINOR WAY . A way or portion thereof which in the opinion of the Board, is likely to be used only by vehicles traveling to or from lots on that way.
DEAD-END WAYS/CUL-DE-SACS . A way or portion thereof which joins another way at only one end.
OWNER . The owner of record as shown by the records of the Middlesex County Registry of Deeds or Land Court.
APPLICANT . The person who applies for the approval of a plan or the endorsement of a plan. The applicant may either be the owner, or owner by agreement, of all the land included in the plan for which approval of the Board is required. An agent, representative, or his assigns may act for the owner.
DEVELOPER OR SUBDIVIDER . The owner of the land being subdivided, acting directly or through an authorized agent, representative or assigns.