AMUSEMENT PARK : An outdoor amusement facility of a permanent nature, including carnival or midway, with any or all of the following: rides, water slides, concession stands, and games of chance.
APPLICANT : The owner(s) of land and such duly authorized agent(s), representative(s), assign(s) or attorney(s). The owner(s) of land must be included as an applicant to an application, even if not the proponent. Persons or entities other than the owner may also serve as co-applicants in addition to the owner(s), however, in each instance, such person or entity shall file with the appropriate application authority, sufficient written evidence of authority to act by or on behalf of the owner(s).
ASSISTED LIVING HOUSING : Housing units and associated facilities designed for the elderly who require daily assistance but who do not require nursing home care. An Assisted Living Housing Unit consists of the same characteristics as a Congregate Living Housing Unit. Associated facilities typically provide additional services beyond Congregate Housing, including daily meals and personal services, medical monitoring and supervision. Assisted Living shall refer to certified Assisted Living Residences only, as defined and certified under MGL Ch. 354 of the Acts of 1994, and as regulated under EOEA 651 CMR 12.00.
AUTOMATIC CARWASH : Any facility, its structures, accessory uses, paved areas or grounds used wholly or partly to wash and clean the exterior of passenger automobiles, vans, pick-up and panel trucks using conveyors to move the vehicle or equipment that moves over or around the vehicle or other automated equipment intended to mechanically wash such vehicles and which is open to the public.
BUILDING : Any structure or portion thereof, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, process, equipment, goods or materials of any kind or nature.
CHANGE IN USE : A change in part or all of an existing structure from one use category or purpose to another use category or purpose. In a mixed or multi-use facility, an exchange or rearrangement of principal use categories or components shall not be construed as a change in use unless the net change in any of the factors in the Table of Off- Street Parking Regulations, Subsection IV.B.1 (a), requires an addition of 10 or more parking spaces to the amount required by this By-Law prior to the change in use. The calculation of change in use of gross floor area shall be determined by the Building Commissioner based on the aggregate of all changes in use undertaken within a consecutive three year term.
CONGREGATE LIVING HOUSING : Housing units and associated facilities designed for elderly occupants who do not require constant supervision. A Congregate Living Housing Unit consists of a room or group of rooms for one or more persons with provisions for living and sleeping for the exclusive use of the individual or household unit. The Congregate Living Housing unit may provide exclusive cooking and sanitary facilities. Associated or shared facilities may include common dining facilities with limited meals, housekeeping services and common space for indoor and outdoor social, educational and recreational activities.
CULTURAL CENTER : A theater, museum, or gallery or any combination thereof.
DEVELOPMENT : Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
ENLARGEMENT : An increase in the size of an existing structure.
EXTENSION : An increase in the amount of existing floor area within an existing building.
FAST FOOD ESTABLISHMENT : A food and beverage serving facility which generally serves ready-to-eat foods and beverages in disposable containers over a general service counter that customers carry to the restaurant's seating facilities or off premises.
FIXTURE : The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
FLOOR AREA RATIO (FAR) : The ratio of the gross floor area of the building or group of buildings on a lot, including accessory buildings, to the lot area. Any land within the lot area which is located in another zoning district in which the principal use of the lot is not permitted shall be subtracted from the lot area for the purposes of calculating the Floor Area Ratio. Any land within the lot area located beneath a river, or beneath a brook, stream or creek wider than 10 feet, the boundary of which is the upper boundary of the Bank, shall be subtracted from the lot area for the purposes of calculating the Floor Area Ratio.
GERIATRIC HOSPITAL FACILITY : An Accredited geriatric hospital facility, including acute care facilities, extended care facilities, and continuing care facilities.
GLARE : Light emitted from a luminaire with intensity great enough to produce annoyance, discomfort or visual impairment.
GROSS FLOOR AREA : The sum of the area of all stories of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including any floor area below grade when used for residential, office, business, storage, industrial, or other purposes, but excluding any area used exclusively for heating, air conditioning or other mechanical equipment, and excluding floor area intended or designed for accessory off-street parking.
GROUND COVERAGE : Land occupied by structures, storage spaces, patios, parking areas, roadways and driveways, and other paved or enclosed areas.
HOME OCCUPATION : An activity customarily conducted by the residents of a dwelling unit, inside the principal dwelling unit or building accessory thereto, requiring only home equipment, including but not limited to type writers and computers. The term "home occupation" shall include but is not limited to the studio of an artist, musician, or photographer; the office of a sales or manufacturer's representative; secretarial or computer-related activities; tailoring; millinery; handicrafts; and small group instruction or tutoring. Such use shall be allowed provided no retail or wholesale merchandise transactions are conducted on the premises, with the exception of handicrafts, art work or clothing produced entirely on the premises. The term "home occupation" shall not be interpreted to include the following: clothing rental, barber shop, hairdresser, restaurant, television repair, real estate broker, orchestra or instrumental group, antique shop, animal hospital, and other similar uses. The term "merchandise transaction" shall not include transactions made solely by mail or telephone, but shall include any pick-up or delivery of goods bought or sold as part of the home occupation.
HOME OFFICE : An office within the dwelling unit, or accessory building thereto, of a resident physician, dentist, lawyer, architect, registered engineer, accountant, psychologist, or other member of a recognized profession. A "recognized profession" is one in which specialized services are provided to clients and which is recognized by a board or agency which grants a license, certification, or registration.
HOSPICE FACILITIES : Facilities designed to provide for the physical and emotional needs of the terminally ill.
HUMAN HABITATION : The use of a building for living purposes including working, sleeping, eating, cooking or recreation, or a combination thereof, but excluding use for storage only.
INDEPENDENT LIVING HOUSING : Housing units and associated facilities designed for the elderly who are self sufficient and require no on-site personal or health care services. An Independent Living Housing unit consists of a room or group of rooms designed or intended to provide a habitable unit for one or more persons with provisions for cooking, living, sanitation and sleeping for the exclusive use of the household unit. Associated facilities may include substantial common and socializing areas and other amenities.
LAMP - The component of a luminaire that produces the actual light.
LANDSCAPED OPEN SPACE SURFACE RATIO (ALSO, LANDSCAPED SURFACE RATIO OR LSR) : The ratio between (1) the area of a parcel devoted to pervious landscaping or natural vegetated areas and (2) the total area of the parcel. Both components of this ratio shall exclude any wetland resource area, as defined in M.G.L. Ch. 131, Sec. 40, except for wetland areas that are located within one hundred (100) feet of an upland area adjoining a developed area of the project.
LIGHT TRESPASS - The shining of direct light produced by a luminaire beyond boundaries of the lot on which it is located.
LOT : A parcel of land, with definite boundaries ascertainable by recorded deed or recorded plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose, in one ownership and not divided by a street or public way.
LOT AREA : The horizontal area of the lot including land over which easements have been granted, but exclusive of any area within the limits of a street or recorded public or private way, even if fee to such street is in the owner of the lot.
LOT COVERAGE : The area of a lot lying within the outside lines of exterior walls of all buildings on the lot, including the area of any appurtenance; or, if indicated by the context, the ratio of said area to the total area of the lot, expressed as a percentage.
LOT LINE : A line dividing a lot from a street or from a contiguous lot. Lot Line, Front: A line dividing a lot from a street.
LOT LINE, SIDE : Any lot line that is not a front lot line.
LUMEN - A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this By-Law, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.
LUMINAIRE - The complete lighting unit, including the lamp, the fixture, and other parts.
MIXED USE : A building containing residential use on any floor above the ground floor of a building combined with an allowed non-residential use or uses on the ground floor and other floors of a building.
MIXED USE COMPLEX : A parcel or contiguous parcels (whether or not in common ownership) of at least five (5) acres with adaptive reuse of historic manufacturing structures for multifamily residential and allowed non-residential uses within the existing historic structures. Such Mixed Use Complex shall have shared parking and integrated facilities and infrastructure. Residential and non-residential uses may be in the same or separate buildings, provided however that neither the total residential uses nor the total non-residential uses shall exceed 80 percent of the gross floor area of the buildings in the Mixed-Use Complex, excluding parking facilities.
MULTI-FAMILY DWELLING : A dwelling containing more than two dwelling units.
MUNICIPAL SERVICES : Public services and infrastructure furnished by the Town, including but not limited to, police, fire, schools, public works, inspectional services, finance, water systems, sanitary sewerage systems, communication services, and fire alarm systems.
NURSING CARE FACILITIES : Intermediate and skilled care nursing facilities designed to provide an intensive level of nursing and medical care for patients.
OPEN SPACE, LANDSCAPED : The part or parts of a lot designed to improve the visual environment and to provide areas for passive outdoor recreation, including the preservation of existing natural site features and/or the planting or placement of such elements as grass, flowers, shrubs, trees, or permeable ground cover. Such space shall not include lot area used for parking or access drives or any impermeable paved areas.
OPEN SPACE, USABLE : The part or parts of a lot designed and developed for outdoor use by the occupants of the lot for such recreational uses as swimming pools and tennis courts, vegetable gardens, animal enclosures, or patios. Such space may include landscaped open space and impermeable paved areas, but shall exclude areas used for parking or access drives or accessory structures.
OUTDOOR RECREATIONAL FACILITY : Parks, picnic areas, play fields and playgrounds; outdoor swimming pools and tennis courts; golf courses and country clubs on parcels of at least 50 acres; boat launching ramps; riding trails; and paths or trails for cycling, hiking, jogging, skiing, etc. Specifically excluded are firing ranges and miniature golf courses.
SELF-SERVICE CARWASH : Any facility with two (2) or more bays, its structures, accessory uses, paved areas or grounds used wholly or partly to wash, clean and dry the exterior of passenger automobiles, vans, pick-up and panel trucks using handheld equipment and which is open to the public.
SETBACK : The distance between a front or side lot line and the line of a building or projection thereof, measured on a line perpendicular to the lot line.
STORY : The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. Any floor area below finished grade shall be deemed to be a story when its ceiling is four feet six inches or more above grade. Any attic shall be deemed to be a story if more than one-half the floor area has a clear height of seven feet or more.
STRUCTURE : Any combination of materials assembled at a fixed location providing support or shelter, such as a building, framework, tent, shed, or mast for radio antennas, but excluding sidewalks and paved areas on streets, driveways, parking areas, and patios.
SUBSTANTIAL ALTERATION : An alteration or improvement of a structure or group of structures under one ownership on the same lot or contiguous lots which results in an increase in gross floor area in excess of either 10 per cent of existing gross floor area or 5,000 square feet, whichever is the lesser amount, or which requires an addition of 10 or more parking spaces to the amount required by this By-Law prior to the alteration. The calculation of a substantial alteration shall be determined by the Building Commissioner based on the aggregate of all repairs, improvements, extensions or enlargements undertaken within a consecutive three year term.
SUBSTANTIAL IMPROVEMENT : An alteration or improvement of a building, the cost of which, including all materials and labor, based on documented estimates or construction costs submitted by the applicant, equals or exceeds 40 per cent of the full value assessment of the building. The calculation of a substantial improvement shall be determined by the Building Commissioner based on the aggregate of all repairs, improvements, extensions or enlargements undertaken within a consecutive three year term.
AFFORDABLE HOUSING UNIT : A housing unit offered for either sale or rental at such terms, conditions and restrictions so to be qualified as affordable to persons or families of low or moderate income by the Executive Office of Communities and Development of the Commonwealth of Massachusetts (EOCD). Said units shall be offered for sale or rental by or through one or more of the following: a program administered by the EOCD; the Framingham Housing Authority; a non-profit land trust or limited dividend entity; each such affordable housing unit shall be governed by adequate and enforceable deed restrictions or other agreements acceptable to the Planning Board ensuring the continuing affordability of the unit. Affordable housing units shall be compatible with and nearly indistinguishable from the exterior appearance of the market-rate units in the PUD district and should be located throughout the PUD district.
APPLICANT : The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the planned development site proposed, or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site within a period of sixty days from the time that the applicant shall notify the owner(s).
CONGREGATE HOUSING : Housing units designed for elderly occupants in a facility which permits persons who do not require constant supervision or intensive health care as provided by an institution, to maintain a semi-independent life-style while providing services such as common dining facilities, a nursing staff, and other services and amenities as needed. Each such housing unit may provide one or more bedrooms and may have a separate living room, kitchen, dining area and bathroom. The total number of congregate housing units within the PUD District shall not exceed twenty-five percent of the total allowable housing units within the PUD District.
DEVELOPABLE LAND : All land located within the PUD District exclusive of wetlands as said terms is defined in the Wetlands Protection Act (Chapter 131, Section 40 of Massachusetts General Laws).
FLOOR AREA RATIO : As used in this Section, the floor area ratio is the ratio of the gross floor area of all buildings within the PUD District to the area of developable land within the PUD District provided, however, that the gross floor area of garages, attics and basements which are not designed to be used or occupied as living areas shall be excluded.
HOUSING UNIT : A room, group of rooms, or dwelling forming a habitable unit for one family with facilities for living, sleeping, cooking and eating, and which is directly accessible from the outside or through a common hall without passing through any other dwelling unit.
LONG TERM HEALTH CARE CENTER : A nursing home or similar geriatric health care facility accessory to and operated in conjunction with congregate housing for the elderly within the PUD District. The number of beds contained within said facility shall not exceed twenty-five percent of the total number of congregate housing units within the PUD District.
NEIGHBORHOOD COMMERCIAL USES : Commercial uses intended for the primary use and convenience of the residents within the PUD District, including retail sales and services (except automotive sales or services which are not permitted); restaurants (except drive-through or take-out window service which is not permitted); branch banks and financial services; business and professional offices; personal services and day-care centers.
ADULT BOOKSTORE : an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.
ADULT VIDEO STORE : an establishment having as a substantial or significant portion of its stock in trade, videos, movies or other fihn material which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.
ADULT PARAPHERNALIA STORE : an establishment having as a substantial or significant portion of its stock devises, objects, tools, or toys which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.
ADULT MOTION PICTURE THEATER : an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.
ADULT LIVE ENTERTAINMENT ESTABLISHMENT : any establishment which displays live entertainment which is distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31.
AQUIFER : Geologic formation composed of rock, sand or gavel that contains significant amounts of potentially recoverable water.
GROUNDWATER PROTECTION DISTRICT : The zoning district defined to overlay other zoning districts in the Town of Framingham. The groundwater protection district may include specifically designated recharge areas.
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 Framingham. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. c. 210 and 21E and 310 CMR 30.00.
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.
LANDFILL : A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land, pursuant to 310 CAR 19.006.
LOW IMPACT DEVELOPMENT (LID) : A stormwater management system that integates hydrologic controls into a site's design by replicating pre development conditions.
NON-SANITARY WASTEWATER : Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CAR 15.004(6).
OPEN DUMP : A facility that is operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or the regulations and criteria for solid waste disposal.
POTENTIAL DRINKING WATER SOURCES : Areas that could provide significant potable water in the future.
RECHARGE AREAS : Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include areas designated by Department of Environmental Protection (DEP) as Zone I, Zone II, or Zone III.
SEPTAGE : The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material which is a hazardous waste, pursuant to 310 CMR 30.000.
SLUDGE : The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil, which are removed at the headworks of a facility.
TREATMENT WORKS : Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR : Any public or private entity, other than residential, that produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY : A waste oil collection facility for automobile service stations, retail outlets, and marinas that is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c. 21. s. 52A.
BEST MANAGEMENT PRACTICE (BMW) : A structural, nonstructural, or vegetative measure which reduces Erosion, Sediment, peak storm discharge, and/or improves the quality of Stormwater Runoff as described in the Stormwater Management Handbook and any other applicable local regulations.
CLEARING : Removal or causing to be removed or destroyed, through either direct or indirect actions, trees six inches (6") in diameter or larger at four and a half feet (4 1/2') above the ground (DBH) and shrubs at four feet (4') tall or taller. Actions considered to be Clearing include, but are not limited to: causing irreversible damage to roots or trunks; destroying the structural integrity of vegetation; and/or any Filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage.
DIAMETER BREAST HEIGHT (DBH) : The diameter of the trunk of a tree four and a half feet (4 1/2') above the existing grade at the base of the tree.
DISTURBED AREA : An area, man-made or natural, where the existing condition has been or is proposed to be altered.
EARTH FILL : The addition of earth materials to a Lot or parcel, including but not limited to, sand, gavel, stone, soil, loam, sod, clay and mineral products.
EARTH MOVING : The addition, removal or relocation of earth materials within the boundaries of a Lot or parcel, including but not limited to, sand, gavel, stone, soil, loam, sod, clay and mineral products.
EARTH REMOVAL : The removal of earth materials from a Lot or parcel, including but not limited to, sand, gavel, stone, soil, loam, sod, clay and mineral products.
EROSION : A condition in which the earth's surface, including vegetation, soil or rock fragment, is detached and moved away by the action of water, wind, ice, gravity or other natural means.
FILL : Any Fill used in connection with this project shall be clean Fill and may not contain any trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, asphalt, concrete, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
HAZARDOUS TREE : A tree with a structural defect or disease, or that impedes safe sight distance or traffic flow, or otherwise currently poses a threat to life or property as verified by a certified arborist or Town Tree Warden.
LANDSCAPING : Improvements made to a Lot or parcel through treatment of the ground surface with planting materials including but not limited to trees, shrubs, &ass, ground cover or other growing horticultural material, as well as wood chips, stone or decorative rock.
LOT : For the purposes of this Land Disturbance By-Law, Lot shall be defined as an area of land in one ownership, with definite boundaries ascertainable by recorded deed or recorded plan and not divided by a public street or public way, including land under the control of the same person and land under the ownership of related or jointly owned entities, in existence as of the effective date of this Land Disturbance By-Law.
SEDIMENT : Solid material, whether mineral or organic, that is in suspension, is transported or has been moved from its site of origin by Erosion.
SIGNIFICANT FOREST COMMUNITY : Unfragmented forests including forest types that provide habitat for rare species, unusual ecological processes, highly diverse forest communities, rare forest types, and those forest types which maintain connections between similar or different habitat areas.
SLOPE : Any elevation change across a horizontal distance of one hundred feet (100'), as measured perpendicular to the contour line. For Lots lacking a horizontal distance of one hundred feet (100'), the Slope will be calculated as any elevation change across a horizontal distance of fifty feet (50'), as measured perpendicular to the contour line.
SOIL DISTURBANCE : Clearing, grading, regrading, excavation, stockpiling or Filling of six inches or more.
SPECIMEN TREE : A native, introduced or naturalized tree which is important because of its impact on community character, its significance in the historic or cultural landscape or its value in enhancing the effects of wildlife habitat. Any tree with a diameter of eighteen inches (18") at DBH or larger is presumed to be a Specimen Tree. Trees that have a small height at maturity or are slow growing, such as Flowering Dogwood or American Holly, with a diameter of six inches (6") at two feet (2') above the ground or larger are presumed to be considered Specimen Trees.
STABILIZATION : The elimination and prevention of Erosion.
STORMWATER MANAGEMENT HANDBOOK : Stormwater Management Handbook," Volume One and Volume Two, prepared by the Massachusetts Department of Environmental Protection and the Massachusetts Office of Coastal Zone Management dated March 1997 as the same may be from time to time revised.
STORMWATER RUNOFF : Water from precipitation or snow melt that does not evaporate or infiltrate into the ground.
BONUS : The construction of floor area in excess of that permitted as of right by the applicable FAR maximum.
BONUS PROJECT : A project for which the applicant is seeking any one (1) or more of the bonuses provided in Section IX of these Regulations.
CHANGE IN USE : A change in part or all of an existing structure from one use category or purpose to another use category or purpose. In a mixed or multi-use facility, an exchange or rearrangement of principal use categories or components shall not be construed as a change in use unless the net change in any of the factors in the [Table of Off-Street Parking Regulations, Subsection IV.B.1(a)], requires an addition of 10 or more parking spaces to the amount required by this By-Law prior to the change in use.
DIVIDER ISLAND : A landscaped element running in a direction parallel to a vehicular travel lane, used to separate parallel rows of parking spaces.
EXCESS PERVIOUS LANDSCAPING : Pervious landscaping exclusive of wetlands, as defined herein, in excess of the amount required by the applicable LSR.
FLOOR AREA RATIO (FAR) : The ratio between (1) the gross floor area of all buildings on a parcel, including accessory buildings, and (2) the total area of the parcel.
LANDSCAPE SURFACE RATIO (LSR) : The ratio between (1) the area of a parcel devoted to pervious landscaping or natural vegetated areas and (2) the total area of the parcel. Both components of this ratio shall exclude any wetland resource area, as defined in Ch. 131, Sec. 40, except for wetland areas that are located within one hundred (100) feet of an upland area adjoining a developed area of the project.
MAJOR ALTERATION : An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area equal to or greater than 15% over the gross floor area in existence on January 1, 1992; or which is equal to or more than eight thousand (8,000) square feet, or, if the parcel on which the subject structure is located is within two hundred (200) feet of a residential district, more than five thousand (5,000) square feet, which ever is the lesser amount.
MINOR ALTERATION : An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area of less than 15% over the gross floor area in existence on January 1, 1992; or which is less than eight thousand (8,000) square feet, or, if the parcel on which the subject structure is located is within two hundred (200) feet of a residential district, less than five thousand (5,000) square feet, which ever is the lesser amount.
NONBONUS PROJECT : A project for which the applicant is not seeking a bonus.
OPEN SPACE PUBLIC BENEFIT AMENITY : A public benefit amenity in the form of a park or excess pervious landscaping, available for passive or active recreation, or leisure use, by the public.
PARCEL : All lots utilized for any purpose in connection with creating a development, e.g. buildings, parking and detention basins.
PARK : A continuous area of open space which is directly accessible to the public for scenic, recreational or leisure purposes.
PEDESTRIAN CIRCULATION IMPROVEMENT : A public benefit amenity in the form of a pathway, off- site sidewalk or pedestrian bridge designed to facilitate pedestrian movement.
PEDESTRIAN BRIDGE : A structure designed to convey pedestrians over a watercourse, railroad, or public or private right of way.
PEDESTRIAN TUNNEL : A structure designed to convey pedestrians under a watercourse, railroad, or public or private right of way.
PERVIOUS LANDSCAPING : Area that is principally covered with natural materials such as grass, live plants or trees.
PUBLIC ASSEMBLY SPACE : A room or facility, such as a meeting room, theater, amphitheater or auditorium, which is available on a not-for-profit basis for use by members of the public for civic and cultural events.
PUBLIC BENEFIT AMENITY : An improvement, facility or financial contribution for the benefit of the general public, provided in connection with a development in order to qualify for an increase over the Base FAR.
PUBLIC TRANSIT ENDOWMENT : A contribution to a trust fund, maintained by the Town of Framingham or another governmental body designated by the Board of Selectmen, established for the purpose of providing long-term financial support for local or regional transit systems serving the Regional Center district.
SERVICE ROAD : A road that is designed to provide access to abutting properties so that the volume of traffic entering onto or exiting from major roadways is reduced.
TERMINAL ISLAND : A landscaped element running in a direction parallel to individual parking spaces and having a minimum length equal to the length of any abutting parking space found at the end of a row.
TRANSIT AMENITY : A public benefit amenity which contributes to the use and/or long-term availability of public transit and is either a transit-related lane widening or public transit endowment.
TRANSIT-RELATED LANE WIDENING : A new or expanded lane on an existing street, designed and reserved for use by high occupancy vehicles, such as buses and vans.
AG : Above-ground elevation at base of mounting structure.
ANTENNA : A device, attached to any structure, for the purpose of transmitting or receiving wireless communication.
ART : Above-rooftop of supporting building, including any penthouse, parapet or other similar structure extending above the rooftop.
SPGA : Special Permit Granting Authority
TOWER : Any structure to which an antenna may be attached for the purpose of transmitting or receiving wireless communications, including lattice or monopole towers, water towers, and church steeples.
WIRELESS COMMUNICATIONS FACILITY (WCF) : Any structure or device that is used for the express purpose of conducting wireless communication including antennas, towers, satellite dishes, or equipment for transferring wireless transmissions with or without a building to house and/or maintain such equipment.
AFFORDABLE HOUSING UNIT (AHU) - A residential unit that is restricted in its sale, lease or rental to a qualified income- eligible household at specific price limits that qualify such residential unit for inclusion in the Chapter 40B Inventory of Subsidized Housing.
QUALIFIED INCOME-ELIGIBLE HOUSEHOLD - A household with combined incomes that do not exceed 80% of the median income for the Boston Metropolitan Statistical Area, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD), or successor, and/or the Massachusetts Department of Housing and Community Development (DHCD), or successor.
RE-DEVELOPMENT - The creation of ten (10) or more new dwelling units in, or added to, an existing building.
ACTIVE ADULT HOUSING : A group of dwelling units for older adult residents of which at least one resident per dwelling is 55 years of age or older within the meaning of M.G.L. c.151B, sec. 4(6) and 42 U.S.C. Sec. 3607(b)(2)(c), and in accordance with the same.
DEVELOPABLE SITE AREA : The Developable Site Area shall be calculated by subtracting from the lot or parcel area all undeveloped land wich is:
a. A wetland, which shall mean a "freshwater wetland" as defined in Chapter 131, Section 40 and the Framingham Wetlands Protection Bylaw, Article 18 of the General Bylaws;
b. A Floodplain District as defined in Section III.H. of the Framingham Zoning By-Laws;
c. All areas of the site with slopes natural and unaltered greater than fifteen percent (15%) over a horizontal distance of 100 feet, as measured perpendicular to the contour line;
d. Any area that may not be built upon due to infrastructure restrictions such as easements for electric, gas, water or similar utility, or DEP regulations related to water supply;
e. Fifteen percent (15%) of the entire parcel for roads and impervious surface;
f. The common open space area as defined herein;
g. Rock or ledge outcropping.
The Developable Site Area shall not include land in another zoning district in which the principal use of the lot or parcel is not also permitted or land in another municipality.
EXCLUSIVE USE AREA (EUA) : The outside area adjacent to each residential unit, which is the designated area on the approved Active Adult Housing Plan for the exclusive use of the occupant of that unit.
SENIOR : An individual who is 55 years of age or older.
BLIGHT
Any condition that seriously impairs the value, condition strength, durability or appearance of real property, including real property owned or occupied by an Interested Party as defined in section 4.2.5 below.
A structure, whether portable or fixed, with exterior walls or firewalls and a roof, built, erected or framed, of a combination of any materials, to form shelter for persons, animals, or property. See "structure" below.
DILAPIDATED
A condition of decay or partial ruin by reason of neglect, misuse, or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or inadequately secured win. dows or doors;
Property having defective weather protection (such as paint, stain, siding or tarpaulin) for exterior wall covering; deleterious weathering due to lack of such weather protection or other protective covering.
Personal property that is broken, rusted, worn, partially or wholly dismantled or otherwise due to deterioration is unsuitable for the purpose for which designed.
HAZARD
A condition likely to expose persons to injury, or property to damage, loss or destruction.
INTERESTED PARTIES
In connection with the notification requirements of this bylaw Interested Parties are the Building Commissioner; owner(s) and/or occupants of property which is the subject of a hearing; g; owners and/or occupants of property directly opposite the subject property on any public or private street or way, owners and/or occupants of property abutting the subject property, and owners and/or occupants of property abutting, and that is within 300 feet of the property line of the subjected property. Other persons who own or occupy property and who demonstrate to the satisfaction of the Building Commissioner that they are affected by the condition of the property or building that is the subject of a hearing may be regarded as Interested Parties by the Building Commissioner.
NUISANCE
Any substantial interference with the common interest of the general public in the maintaining decent, safe, and sanitary structures that are not dilapidated, and neighborhoods, when such interference results from the hazardous or blighted condition of private property, land or buildings. The fact that a particular structure or use may be permitted under the zoning bylaw does not create an exemption from the application of this bylaw. The term includes but is not limited to:
(a) burned structures not otherwise lawfully habitable or usable,
(b) dilapidated real or personal property,
(c) dangerous or unsafe structures or personal property,
(d) overgrown vegetation which may harbor rats and vermin, conceal pools of stagnant water or other nuisances, or which is otherwise detrimental to neighboring properties or property values,
(e) dead, decayed, diseased or hazardous trees, debris or trash,
(f) signs as described in section 1.19.2 of the sign bylaw,
(g) personal property that is exposed to the elements without protection against deterioration, rust or dilapidation,
(h) vehicles, machinery or mechanical equipment or parts thereof that are located on soil, grass or other porous surfaces that may result in the destruction of vegetation or contamination of soil,
(i) in any Residence District, keeping of more than one commercial vehicle, or of a tractor that exceeds a gross vehicle weight of three-quarters (3/4) of a ton for hauling a van or trailer as defined by the Registry of Motor Vehicles.
(j) personal property that has been placed for the collection as rubbish or refuse in violation of Article VI, section 4.1 of the Town Bylaws other than as approved by the Director of Public Works, or left in public view for more than seven days.
OCCUPANT
A person who occupies real property with the consent of the owner as a lessee, tenant at will, licensee or otherwise. The singular use of the term includes the plural when the context so indicates.
Every person who alone or jointly or severally with others (a) has legal title to any building, structure or property to this Bylaw; or (b) has care, charge, or control of any such building structure or property in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (c) lessee under a written letter agreement; or (d) mortgage in possession; or (e) agent, trustee or other person appointed by the courts.
RESPONSIBLE PARTY
The owner or occupant (in the case of real property) of property that is the subject of proceedings under this by-law. The singular use of the term includes the plural when the context so indicates.
A combination of materials, whether wholly or partially level with, above or below the surface of the ground, whether permanent or temporary, assembled at a fixed location to give support, shelter or enclosure such as a building, (see above), framework, retaining wall, stand, platform, bin, fence (having a height at any porn. t of six feet or greater above grade), parking area sign, flagpole, or mast for an antenna or the like.
ABUTTER means the same as the owner of land abutting the activity.
ACT means the Wetlands Protection Act, c. 131, Sec. 40.
ACTIVITY means any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection, reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics; the intercepting or diverging of ground or surface water; the installation of drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land.
AGGRIEVED means the same as persons aggrieved.
AGRICULTURE
A. Land in agricultural use means land presently and primarily used in the raising of animals including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees and fur-bearing animals, or land presently and primarily used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals.
Additionally, land in agricultural use means land presently and primarily used in the raising of fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flowers, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs; or land presently and primarily used in raising forest products under a planned program to improve the quantity and quality of a continuous crop; or land presently and primarily used in a related manner which is incidental thereto and represents a customary and necessary use in raising such products.
Land in agricultural use may lie fallow for a period of time if it has been used for agriculture at least three (3) of the five (5) immediately preceding years.
B. Normal maintenance or improvement of land in agricultural use means the following activities:
1. All tilling and harvesting practices customarily employed to enhance existing growing conditions;
2. The pasturing of animals, including the construction and maintenance of such fences as may be required;
3. The use of fertilizers, pesticides, herbicides, and other maintenance of such fences as may be required;
4. The constructing, grading or restoring of field ditches, subsurface drains, grass waterways, vents, access roads, fann ponds and similar projects to improve drainage, prevent erosion, provide more effective uses of rainfall and improve equipment operation and efficiency, all in order to improve conditions for the growing of existing crops or raising of animals;
5. The cultivation of cranberries, including the following practices:
a. sanding operations using existing sand pits;
b. cleaning of cross ditches, canals and natural waterways;
c. repair and replacement but not enlargement of water control structures, including flumes, pumps, dikes, and piping above and below ground;
d. repair, replacement and regrading of existing cranberry bogs, and
e. repair and cleaning of reservoirs, dams and water storage systems within the limits of existing water rights.
All maintenance and improvement activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands, as specified by the U.S.D.A. Soil Conservation Service "Guidelines for Soil and Water Conservation".
The cutting and removal of trees for the purpose of selling said trees or any products derived therefrom, when carried out in. the following manner:
a. every reasonable effort shall be made to avoid or minimize access through Areas Subject to Protection Under the Act;
b. where access through Areas Subject to Protection Under the Act is necessary, every reasonable effort shall be made to gain. said access without constructing new accessways including, but not limited to, maintaining and improving (but not substantially enlarging) existing accessways, and operations shall be conducted when the soil is frozen, dry or otherwise stable;
c. where access is determined impracticable without constructing new accessways, said accessways shall be designed, constructed and maintained in accordance with U.S. Forest Service logging road standards, and shall be removed and the site returned to previously existing conditions within one (1) year;
d. all channel crossings shall be stabilized to prevent erosion, using standard U.S. Forest Service methods. When crossings involve fill or other closed or semi-closed structures which will obstruct flow, they shall be designed, constructed and maintained in accordance with U.S Forest Service standards, shall allow unobstructed passage of the existing flows for at least the 10-year storm, and shall be removed and the site returned to existing conditions within one (1) year of construction;
e. all soils which are exposed during and after work shall be stabilized to prevent said soils from eroding into open water bodies, in accordance with standard U.S. Forest Service methods;
f. all operations shall be conducted in. accordance with a cutting plan approved by the Massachusetts Department of Environmental Management District Forester; and
g. a written notice describing the proposed cutting and removal of trees shall be submitted to the conservation commission not less than ten (10) days prior to the commencement of operations.
7. The selective cutting of trees by owners for their own use, when carried out in. the following manner:
a. no more than 25,000 board feet or 50 cords shall be harvested;
b. after the cutting, the crown area of the remaining trees shall be evenly distributed throughout the site and shall cover no less than 50 percent of the surface area of the site;
c. the removal of the selectively cut trees shall occur only during those periods when the wound is sufficiently frozen, dry or otherwise stable to support the equipment used;
d. the cutting, removal or other destruction of trees and the understory vegetation shall not occur within twenty-five (25) feet of the bank of a water body;
e. the placement of slash, branches and limbs resulting from the cutting and removal operations shall not occur within twenty-five (25) feet of the bank of a water body; and
f. there shall occur no filling, excavation or other change in the existing topography.
ALTER means to change the condition of any Area Subject to Protection Under the Act. Examples of alterations include, but are not limited to, the following: g:
A. the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas;
B. the lowering of water level or water table;
C. the destruction of vegetation;
D. the changing of water temperature, biochemical oxygen demand (BOD), and other physical, biological or chemical characteristics of the receiving water;
Provided that when provisions of 310 CMR 10.03(6) and 10.05(3) or 333 MR 11.03(9) have been met, the application of herbicides in the Buffer Zone in accordance with such plans as are required by the Department of Food and Agriculture pursuant to its rights of way management regulations, 333 MR 11.00 effective July 10, 1987, is not an alteration of any area Subject to Protection Under the Act.
AQUACULTURE
a. Land in aquacultural use means land presently and primarily used in the growing of aquatic organisms under controlled conditions, including one or more of the following uses: raising, breeding or producing a specified type of animal or vegetable life including, but not limited to, finfish such as carp, catfish, black bass, flatfishes, herring, salmon, shad, smelt, sturgeon, striped bass, sunfishes, trout, whitefish, eel, tilapia; shellfish such as shrimp, crabs, lobster, crayfish, oyster, clams, periwinkles, scallops, mussels, squid; amphibians such as frogs; reptiles such as turtles; seaweeds such as Irish moss and dulse; and edible freshwater plants.
b. Normal maintenance or improvement of land in. aquacultural use means the following activities, when done in connection with the production of aquatic organisms as defined above: draining, flooding, heating/cooling, removing, filling, wading, compacting, raking, tilling, fertilizing, seeding, harvesting, filtering, rafting, culverting or applying chemicals in conformance with all state and federal laws; provided, however, that such activities are clearly in. tended to improve and maintain land in aquacultural use and that best available measures are utilized to ensure that there will be no adverse effect on wetlands outside the area in. aquacultural use, and further provided that removing, filling, dredging or altering of a salt marsh is not to be considered normal maintenance or improvement of land in aquacultural use.
AREA SUBJECT TO PROTECTION UNDER THE ACT means any area specified in 310 CMR 10.02(1). It is used synonymously with Resource Area, each one of which is defined in greater detail in Parts II and III of 310 CMR 10.00.
BANK (inland) is defined in Part III, 310 CMR 10.54(2).
BEACH (inland): a naturally occurring inland beach means an unvegetated bank as defined in Part III CMR 10.54(2).
BEST AVAILABLE MEASURES means the most up-to-date technology or the best designs, measures or engineering practices that have been developed and that are commercially available.
BEST PRACTICAL MEASURES means technologies, designs, measure or engineering practices that are in general use to protect similar interests.
BORDERING means touching. An area listed in 310 CMR10.02(1)(a) is bordering on a water body listed in 310 CMR 10.02(1)(a) if some portion of the area is found in the appropriate section of 310 CMR 10.02(1)(a) some portion of which is in turn touching the water body.
BORDERING VEGETATED WETLAND is defined in Part III, 310 CMR 10.55(2).
BOUNDARY means the boundary of an Area Subject to Protection Under the Act. A description of the boundary of each area is found in the appropriate section of 310 CMR 10.00. For inland areas, see Part III of 310 CMR 10.00.
BREEDING AREAS means areas used by wildlife for courtship, mating, nesting or other reproductive activity, and rearing of young.
BUFFER ZONE means that area of land extending one hundred twenty five (125) feet horizontally outward from the boundary of any resource area specified in this Bylaw (Para. 18.2).
CERTIFICATE OF COMPLIANCE means a written documentation by the issuing authority that work or a portion thereof has been completed in accordance with an Order. It shall be made on Form 8 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
COMMISSIONER means the Commissioner of the Department of Environmental Protection, pursuant to St. 1989, c. 240, § 101
CONDITIONS means those requirements set forth in a written Order issued by a Conservation Commission for the purpose of permitting, regulating or prohibiting any activity that removes, fills, dredges or alters and Area Subject to Protection Under this Bylaw.
CONSERVATION COMMISSION means that body comprised of members lawfully appointed pursuant to M.G.L. c. 40, 8C. For the purposes of the Act and 310 ova 10.00, it shall also mean a mayor or board of selectmen, where no conservation commission has been established under said M.G.L. c. 40, 8C.
CREEK means the same as a stream, as defined in this section.
DATE OF ISSUANCE means the date an Order is mailed, as evidenced by a postmark, or the date it is hand-delivered. Date of Receipt means the date of delivery to an office, home or usual place of business by mail or hand-delivery.
DEPARTMENT means the Department of Environmental Protection, and shall include the Commissioner and any other person employed by said Department, pursuant to St. 1989, c.240, 101.
DETERMINATION
A. Determination of Applicability means a written finding by the Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of this Bylaw. It shall be made on Form 2 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
B. A Determination of Significance means a written finding by a Conservation Commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is significant to one or more interests identified in this Bylaw. It shall be made as part of the Order, on Form 5 of 310 CMR 10.99., modified to reference this Bylaw or on a form designed under this Bylaw.
C. Notification of Non-Significance means a written finding by a conservation commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is not significant to any interests of this Bylaw. It shall be made on Form 6 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
DREDGE means to deepen, widen or excavate, either temporarily or permanently.
EXTENSION PERMIT means a written extension of time within which the authorized work shall be completed. It shall be made on Form 7 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
FILL means to deposit any material so as to raise an elevation, either temporarily or permanently.
FINAL ORDER means the Order issued by the Commissioner after an adjudicatory hearing or, if no request for hearing has been filed, the Superseding Order or, if no request for a Superseding Order has been filed, the Order of Conditions.
FLOOD CONTROL means the prevention or reduction of flooding and flood damage.
FRESHWATER WETLANDS shall mean wet meadows, marshes, swamps, bogs, areas where ground water, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent plant communities in inland waters; that portion of any bank which touches any inland waters.
GENERAL PERFORMANCE STANDARDS means those requirements established by Reulations promulgated under this Bylaw for activities in or affecting each of the Areas Subject to Protection Under this Bylaw.
GROUND WATER SUPPLY means water below the earth's surface in the zone of saturation.
IMPORTANT WILDLIFE HABITAT FUNCTIONS mean important food, shelter, migratory or overwintering area, or breeding areas for wildlife.
INTERESTS IDENTIFIED IN THIS BYLAW means public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, erosion control and sedimentation control, protection of wildlife, protection of wildlife habitat, passive recreation, aesthetics, apiculture, and aquaculture, protection of fisheries, and protection of wildlife habitat.
ISSUING AUTHORITY means the Framingham Conservation Commission.
LAKE means an open body of fresh water with a surface area of ten (10) acres or more, and shall include great ponds. Land subject to flooding is defined in Part III, 310 CMR 10.57(2).
LAND UNDER WATER BODIES AND WATERWAYS means the bottom of, or land under, the surface of a creek, river, stream, pond, or lake. Land under inland water bodies is further defined in Part III 310 CMR 10.562).
LOT means an area of land in one ownership, with definite borders.
MAJORITY means more than half of the members of the Conservation Commission then in office.
MARSH is defined in M.G.L. c.131, § 40, paragraph 10.
MEADOW (OR WET MEADOW) is defined in M.G.L. c.131, § 40, paragraph 9.
MEPA means the Massachusetts Environmental Policy Act, M.G.L. c.30, §§ 6-62H, and the regulations promulgated pursuant thereto, 301 GMR 11.00 et seq.
MIGRATORY AREAS means those areas used by wildlife moving from one habitat to another, whether seasonally or otherwise.
NOTICE OF INTENT means the written notice filed by any person intending to remove, fill, dredge or alter an area subject to Protection Under this Bylaw. It shall be made on Form 3 or 4 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw
ORDER means an Order of Conditions or Amended Order of Conditions.
ORDER OF CONDITIONS means the document issued by a conservation commission contain. g conditions which regulate or prohibit an activity. It shall be made on Form 5, 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw
OWNER OF LAND ABUTTING THE ACTIVITY means the owner of land sharing a common boundary or corner with the site of the proposed activity in any direction, including land located directly across the street, way, creek, river, stream, brook or canal.
PARTY TO ANY PROCEEDING BEFORE THE COMMISSION means the applicant, and pursuant to 310 CMR 10.05(7)(a) may include the owner of the site, any abutter, any person aggrieved, any ten (10) residents of the city or town where the land is located and any ten (10) persons pursuant to M.G.L. c.30A, § 10A.
PERSON AGGRIEVED means any person who, because of an act or failure to act by the issuing authority, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public and which is within the scope of interests identified in the Bylaw.
PLANS mean such data, maps, engineering drawings, calculations, specification, schedules and other materials, if any, deemed necessary by the issuing authority to describe the site and/or the work, to determine the applicability of the Bylaw or to determine the impact of the proposed work upon the interests identified in the Bylaw.
POND (inland) means any open body of fresh water, either naturally occurring or man-made by impoundment, with surface area observed or recorded within the last ten (10) years of at least 10,000 square feet, and which is never without standing water due to natural causes, except during periods of extended drought. For purposes of this definition, extended drought shall mean any period of four (4) or more months during which the average rainfall for each month is 50 percent or less of the ten (10) year average for that same month. Basins or lagoons which are part of wastewater treatment plants shall not be considered ponds, nor shall swimming pools or other impervious man-made retention basins.
PREVENTION OF POLLUTION means the prevention or reduction of contamination of surface or ground water.
PRIVATE WATER SUPPLY means any source or volume of surface or ground water demonstrated to be in any private use or demonstrated to have a potential for private use.
PROTECTION OF FISHERIES means protection of the capacity of an Area Subject to Protection under this Bylaw.
A. To prevent or reduce contamination or damage to fish: and
B. To serve as their habitat and nutrient source. Fish includes all species of fresh fish.
PROTECTION OF LAND CONTAINING SHELLFISH means protection of the capacity of an Area Subject to Protection Under the Act:
A. To prevent or reduce contamination or damage to shellfish; and
B. To serve as their habitat and nutrient source.
PUBLIC WATER SUPPLY means any source or volume of surface or ground water demonstrated to be in public use or approved for water supply pursuant to M.G.L. c.111, § 160 by the Division of Water Supply of the Department, or demonstrated to have a potential for public use.
RARE SPECIES means those vertebrate and invertebrate animal species officially listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 OVER 8.00.
REMOVE means to take away any type of material, thereby changing an elevation, either temporarily, or permanently.
REQUEST FOR DETERMINATION OF APPLICABILITY means a written request made by any person to a conservation commission or the Department for a determination as to whether a site or work thereon is subject to the Act. It shall be submitted on Form 1 of 310 MLR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
RESOURCE AREA means any of the areas specified in this Bylaw. It is used synonymously with Area Subject to Protection Under this Bylaw, each one of which is enumerated in Para. 18.2, Jurisdiction.
RIVER means a natural flowing body of water that empties to any ocean, lake or other river and which flows throughout the year.
RIVERFRONT AREA is the area of land between a river's mean annual high water line and a parallel line measured horizontally for 200 feet on both sides of the River. The Riverfront area may include or overlap other resource areas or their buffer zones.
SHELTER means protection from the elements or predators.
SIGNIFICANT means plays a role. A resource area is significant to an interest identified in the Act when it plays a role in the provision or protection, as appropriate, of that interest.
STATE-LISTED SPECIES means the same as rare species, as defined in this section.
STORM DAMAGE PREVENTION means the prevention of damage caused by water from storms including, but not limited to, erosion and sedimentation, damage to vegetation, property or buildings, or damage caused by flooding, water-borne debris or water-borne ice.
STREAM means a body of water, including brooks and creeks, which move in a definite channel in the ground due to hydraulic gradient, and which flows within, into or out of an Area Subject to Protection Under the Act. A portion of a stream may flow through a culvert or beneath a bridge. Such a body of running water which does not flow throughout the year (i.e., which is intermittent) is a stream except for that portion upgradient of all bogs, swamps, wet meadows and marshes.
SUPERSEDING ORDER means a document issued by the Department containing conditions which regulate or prohibit an activity. It shall be made on Form 5 of 310 CMR 10.99.
SWAMP is defined in M.G.L. c.131, § 40, paragraph 8.
VERNAL POOL HABITAT means confined basin depressions which, at least in most years, hold water for a minimum of two continuous months, and which are free of adult fish populations, as well as the area within 125 feet of the mean annual boundaries of such depressions. These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species.
WATER-DEPENDENT USES means those uses and facilities which require direct access to, or location in. inland waters and which therefore cannot be located away from said waters, including but not limited to: marinas, public recreational uses, navigational and commercial fishing and boating facilities, water-based recreational uses, navigation aids, basins, channels, industrial uses dependent on waterborne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an upland site, crossing over or under water bodies or waterways (but limited to railroad and public roadway bridges, tunnels, culverts, as well as railroad tracks and public roadways connecting thereto which are generally perpendicular to the water body or waterway), and any other uses and facilities as may further hereafter be defined as water-dependent in 310 CMR 9.00.
WILDLIFE means all mammals, birds, reptiles and amphibians and, for the purposes of 310 CMR 10.37 and 10.59, all vertebrate and invertebrate animal species which are officially listed by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 8.00 as endangered, threatened, or of special concern.
WILDLIFE HABITAT is defined in paragraph 13 of the Act.
WORK means the same as activity.
MODIFICATION shall mean any alteration of the physical or traffic operational features of the access.
SUBSTANTIAL increase in or impact on traffic shall mean that generated by a facility or land use served by an access which meets or exceeds any of the following thresholds; (i) Residential, including hotels, motels, lodging houses and dormitories: any increase to the existing certificate of occupancy of more than 25 persons; (ii) Residential (including subdivisions): 50 vehicular trips per day as defined in the ITE Trip Generation Manual, 5th Ed. In the case of subdivisions of land the estimated trip generation for each lot in the subdivision shall be combined in determining whether or not the thresholds set forth in this paragraph have been met; (iii) Nonresidential: 250 vehicular trips per day as defined in said Manual; (iv) Nonresidential: 25 new parking spaces; (v) Nonresidential: 5,000 new square feet. (c) "Public way" shall mean all roadways other than state numbered highways as defined in MGL Chapter 81 section 21.
CUTTING OR REMOVAL OF TREES shall mean the removal of one or more trees, trimming of major branches or cutting of roots. "Cutting or removal of trees" shall not be construed to include clearing of nuisance growth, routine or emergency tree maintenance which removes only permanently diseased or damaged limbs, trunks or roots and dead whole trees or thinning out of overcrowded trees as determined by the Tree Warden. "Cutting or removal of trees" shall include such cutting, trimming or removal as a primary activity, as well as such cutting, trimming or removal done in contemplation of or following, repair, maintenance, reconstruction or paving work for a road or driveway or sidewalk.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK shall mean any work done within the right of way by any person or agency, public or private. Construction of new driveways or alterations of existing ones is also included to the extent such work takes place within the right-of-way. Roadside clearing of trees to provide for vehicle clearance or for improvement to line-of-sight shall also be included in this definition.
ROAD shall mean the entire right of way including, but not limited to, a vehicular traveled way plus its necessary appurtenances within the right-of-way including bridge structures, drainage systems, retaining walls, traffic control devices, pedestrian facilities and the air space above them, but not intersecting streets or driveways. When the boundary of the right-of-way is an issue so that a dispute arises as to whether or not certain trees or stone walls or portions thereof are within or outside of the right-of-way, the trees and stone walls shall be presumed to be within the right of way until the contrary is shown.
STONE WALLS shall not be construed to include assemblages of stone involving less than one cubic foot of wall material per linear foot nor totaling less than five feet in length. All stone walls within the entire right-of-way of a scenic road or on the boundaries thereof shall be subject to these regulations. If for whatever reason, it is uncertain whether the stone wall is within such right-of-way of the scenic road, it shall be taken to be within the right-of-way and within the coverage of these rules and regulations until the contrary is shown.
TEARING DOWN OR DESTRUCTION OF STONE WALLS shall include both temporary and permanent removal. Temporary removal of limited portions of stone walls, to be followed by replacement of the disturbed portion of the wall within a reasonable period of time, not to exceed 30 days, at the same location with the same materials and according to the original character, shall be subject to informal filing and review procedures, set forth under subsection 10.9.
TREES shall include any living tree (not bushes) whose trunk has a diameter of three inches or larger at one foot above the wound. All trees within the right-of-way of a scenic road or on the boundaries thereof shall be subject to these regulations. If for whatever reason, it is uncertain whether the tree is within the right-of-way of the scenic road, it shall be taken to be within the coverage of these rules and regulations until the contrary is shown.
APPLICANT : The owner(s) of land and such duly authorized agent(s), representative(s), assign(s) or attorney(s). In each instance where an applicant is in addition to the owner(s), such representative shall file with the Planning Board sufficient written evidence of authority to act by or on behalf of the owner(s), such as a certificate of corporate vote, power of attorney, a list of officers, and/or such other evidence as the Planning Board may reasonably require. All owners of land within a subdivision must be co-applicants.
ABUTTER : All owners of land within three hundred feet of the boundaries of the land included in such plan, as they appear on the most recent Framingham Assessor's tax records.
BOARD : The Planning Board of the Town of Framingham.
BOARD OF HEALTH : The Board of Health of the Town of Framingham.
BOARD OF PUBLIC WORKS : The Board of Public Works of the Town of Framingham.
COMMUNITY NOTICE : A notice of no less than 2 feet by 2 feet, posted by the owner or applicant in a conspicuous location on the subject property at the street frontage, informing the public of the specific nature of the plans for the property, identifying whether the plan is an Approval Not Required Plan, a Preliminary Plan or a Definitive Plan, and informing the public that such proposal shall be brought forward to the Planning Board. A community notice is required for an Approval Not Required Plan only when an additional buildable lot will be created. Said notice shall be posted at least five days prior to an application submittal to the Planning Board, and shall be considered an application requirement.
CUL DE SAC : A dead-end street having a circular turnaround at the end for the reversal of traffic movement.
DEAD-END : A street or street system which has only one means of ingress from or egress to a primary, residential subcollector, or residential access street.
DRIVEWAY : A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
DEFINITIVE PLAN : A plan of a proposed subdivision or re subdivision of land as required by Section 81-0 of the Subdivision Control Law and which shall be prepared in accordance with Section VI of these Rules and Regulations.
DEPARTMENT OF PUBLIC WORKS : Public Works Division of the Town of Framingham and departments under its jurisdiction. Such references in these Rules and Regulations also mean the Board of Public Works, as applicable.
DEVELOPER : Such owner(s), agent(s), or representative(s) of the owner(s) of land who seeks to develop the potentialities of the real estate by the building of structures thereon and/or developed sites, or any portion thereof in a subdivision.
ENGINEER OR REGISTERED ENGINEER : A person duly licensed by the Board of Registration of Engineers and Land Surveyors for the Commonwealth of Massachusetts.
GENERAL LAWS (GL) : The General Laws of the Commonwealth of Massachusetts as the same may be amended from time to time.
HOMEOWNER'S ASSOCIATION : An association or organization which operates under or pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision is automatically a member as a condition of ownership and each such member is subject to an assessment for a pro-rated share of expense of the association, which may become a lien against the lot, condominium or other interest of the member. The Homeowner's Association is responsible for maintenance of common land and shared facilities, as set forth in the covenants, and may not be dissolved.
LOT : A distinct portion, piece or parcel of land, in one ownership, having definite boundaries ascertainable by recorded deed or recorded plan, and not divided by a street or public way, used or available for use as the site of one or more buildings or other structures, and in compliance with the By-Laws of the Town of Framingham.
MUNICIPAL SERVICES : Public utilities furnished by the Town of Framingham and/or by publicly owned utility companies such as water systems, sanitary sewerage systems, storm drainage systems, gas pipes, electrical lines, telephone lines, cable television and other communication lines, fire alarm systems, and their respective appurtenances.
OWNER : The owner of record as shown by the current records of the Middlesex South District Registry of Deeds or Land Court.
PRELIMINARY PLAN : A plan of a proposed subdivision of land prepared in accordance with Section V.
ROADWAY : That portion of a street which is designed and prepared for vehicular travel.
RIGHT-OF-WAY : A strip of land occupied or intended to be occupied by a street, sidewalk, pedestrian path, water main, sanitary or stormwater main, or for another special purpose.
SPECIFICATIONS OF THE DEPARTMENT OF PUBLIC WORKS : The "Minimum Construction Standards" of the Department of Public Works of the Town of Framingham, as amended from time to time.
STREETS :
a. Primary Streets: (See subsection VII.B.1. Street Classification, for definition.)
b. Residential Subcollector Streets: (See subsection Street Classification, for definition.)
c. Residential Access Streets: (See subsection VII.B.1. Street Classification, for definition.)
STREET WIDTH : The entire width of a street right of way, extending from property line to property line.
STUB STREET : A portion of a street for which a future extension has been proposed and approved.
SUBDIVISION : The division of a tract of land into two or more lots, including resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or shall relate to the land 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 these Rules and Regulations and 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 which has been certified by the Town Clerk as having been accepted, approved, maintained, and used as a public way in the Town, or
b. a way shown on a plan previously 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, 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 required by the Zoning By-Laws of the Town for the erection of a building or buildings on such lot. Conveyances or other instruments of record, changing the size and/or 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, into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.
SUBDIVIDER : Whoever shall seek to create by subdivision, two or more lots within the meaning and purposes of this Subdivision Control Law.
SUBDIVISION CONTROL LAW : Massachusetts General Laws, Chapter 41, Sections 81-K to 81-GG, inclusive, as the same may be amended from time to time.
SURVEYOR OR REGISTERED LAND SURVEYOR : A person duly licensed by the Board of Registration of Engineers and Land Surveyors for the Commonwealth of Massachusetts.
TOWN : The Town of Framingham, Massachusetts.