ACCESSORY BUILDING - A detached building designed, constructed and used for an Accessory Use as defined herein. (Amended November 1989 STM, Art. 7)

ACCESSORY FAMILY DWELLING UNIT - A dwelling unit contained within or being an extension of a single family dwelling to accommodate an additional family only if: (a) a member of the additional family is related by the first degree of kinship, marriage or adoption. (Added May 1995 ATM, Article 43)

ACCESSORY USE - A customary use in conjunction with, incidental to, or subordinate to a use allowed by this By-Law; and located on the same lot with the principal use or on an adjoining lot under the same ownership. (Amended November 1989 STM, Art. 7)

ADULT ENTERTAINMENT USES - Adult Bookstores, Adult Motion Picture Theaters, Adult Paraphernalia Stores, Adult Video Stores or Establishments Which Display Live Nudity for its Patrons, as defined by MGL, Chapter 40A, Section 9A. (Added May 2001 ATM, Art. 40)

BED AND BREAKFAST - An owner-occupied dwelling unit that provides overnight accommodations and a morning meal to transients for compensation. (Added May 2001 ATM, Art. 40)

BUILDING - An independent structure having a roof supported by columns or walls resting on its own foundation and designed for the shelter, housing or enclosure of persons, animals, chattels, or property of any kind.

CHILD CARE FACILITY - Day care center and School-age child care program as defined in MGL, c. 28A, s. 9. (Added May 2001 ATM, Art. 40)

DRIVE-IN USE - An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods while remaining in their vehicles. (Added May 2001 ATM, Art. 40)

DWELLING - A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family or multifamily dwellings and apartments, but not including hotels, motels, boarding houses, trailers, mobile homes, or structures solely for transient or overnight occupancy. (Amended March 1978 STM, Art. 1)

DWELLING UNIT - One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including room, or rooms, for living, sleeping and eating.

ERECTED - "Built", "constructed", "re-constructed", "altered", "enlarged" and "moved".

FAMILY - Any number of individuals living and cooking together on the premises as a single housekeeping unit.

FAMILY DAY CARE HOME - Any private residence utilized for day care of children as defined in MGL, c. 28A, s.9. (Added May 2001 ATM, Art. 40)

FLOOR AREA RATIO - The ratio of gross floor area to the total area of the lot. (Added May 1997 ATM, Article 30) Fur Animals - Animals usually kept and raised for the use and sale of their skins and fur.

GROSS FLOOR AREA - The sum of the gross horizontal areas of all floors of principal and accessory buildings on a lot, including basements used for permitted uses, as measured from the exterior faces of the exterior walls. (Added May 1997 ATM, Article 30)

KENNEL - A pack or collection of more than six (6) dogs three months old, or over, owned or kept on a single premises regardless of the purpose for which they are maintained. (Added May 1996 ATM, Article 39)

LOT - A single area of land in one ownership defined by metes and bounds or boundary lines in a recorded deed or recorded plan.

LOT AREA - Area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connecting other street lines which, if extended, would intersect, the area may be computed as if such boundary lines were so extended. No more than 10% of any wetland area, as defined in sub-section V-G shall be included in lot area calculations for an apartment development site. (Amended March 1974 ATM, Art. 10)

LOT DEPTH - A measurement perpendicular to, and from the lot frontage. The depth as required within Table IV-B shall exist continuously along not less than 50% of the required frontage. (Amended May 1995 ATM, Article 42)

LOT FRONTAGE - A continuous lot line abutting a Street, and across which there is legal, and physical access to the lot. (Added May 1995 ATM, Article 42)

LOT LINE - The established division line between lots or between a lot and a street.

LOT WIDTH - The distance between the side lines of a lot measured at the required minimum front yard setback line. (Added May 2001 ATM, Art. 40)

MOTEL, HOTEL AND OVERNIGHT CABIN - A building intended and designed solely for the transient or overnight occupant, divided into separate units within the same building and with or without public dining facilities. (Added May 2001 ATM, Art. 40)

MULTI-FAMILY DWELLING - A building containing more than two dwelling units which does not qualify as an apartment building under sub-section V-G. (Amended March 1974 ATM, Art. 10)

NET DEVELOPABLE AREA - The land area of a tract (in acres) exclusive of any area defined as wetlands by Massachusetts General Law, Chapter 131, Section 40. (Added October 2003 STM, Art. 26)

NON-CONFORMING USE - A use which was lawfully in existence or operation immediately prior to the effective date of the adoption, revision or amendment of the Zoning By-Law or Zoning Map, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located. (Amended May 1992 ATM, Article 34)

NON-CONFORMING LOT - A lot which was lawful in terms of area, dimensions and location immediately prior to the effective date of the adoption, revision or amendment of the Zoning By-Law or Zoning Map, but which fails by reason of such adoption, revision or amendment to conform to one or more of the present requirements of the zoning district in which it is located. (Amended May 1992 ATM, Article 34)

NON-CONFORMING STRUCTURE - A structure which was lawful in terms of size, dimensions and location immediately prior to the effective date of the adoption, revision or amendment of the Zoning By-Law or Zoning Map, but which fails by reason of such adoption, revision or amendment to conform to one or more of the present requirements of the zoning district in which it is located. (Amended May 1992 ATM, Article 34)

ONE OWNERSHIP - An undivided ownership by one person or by several persons whether the tenure be joint, in common or by entirety.

OUTDOOR RETAIL SALES - The display and sale of products and services primarily outside of a building or structure, including but not limited to, vehicles, garden supplies, food and beverages, burial monuments, building and landscape materials, and lumber. (Added May 2001 ATM, Art. 40)

PARTIES IN INTEREST - The petitioner, abutters, and owners of land directly opposite on any public or private street or way and owners of land within three hundred feet of the property line, all as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board, and, to the extent required by law, the Planning Board of every abutting city or town. (Amended March 1978 STM, Art. 1)

PERMIT GRANTING AUTHORITY - The Board of Appeals. (Amended March 1978 STM, Art. 1) Premises - A lot together with all structures, buildings, uses thereon.

PRIVATE WAY - Any driveway or other vehicle access way, not owned and maintained by public authority. For the purposes of Section IV-A General Requirements, a common driveway provides access to 2 to 3 lots and a private way provides access to four to seven lots. (Amended May 2001 ATM, Art. 40. Added May 1993 ATM, Article 37)

PUBLIC SERVICE CORPORATION - A corporation regulated by the Department of Public Utilities. (Amended March 1978 STM, Art. 1)

PUBLIC UTILITY - A means of transmitting or delivering to the public, utilities and services such as, but not limited to, electricity, gas, telephone, water or sewage in quantities which are appropriate to serve future development as permitted within the applicable zoning district. The preceding sentence shall not include uses other than uses for local service delivered in the Town of Holliston. (Amended March 1978 STM, Art. 1)

RECORDED OR OF RECORD - Recorded or registered in the Middlesex County Registry of Deeds or a recorded title to a parcel of land disclosed by any or all pertinent records.

RESTAURANT - A licensed food service establishment with seating for patrons whose principal business is the sale of prepared foods or beverages in a ready-to-consume state. (Added May 2004 ATM, Article 31)

RETAIL SALES - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Added May 2001 ATM, Art. 40)

SCREENING - A continuously maintained natural or constructed buffer meeting the reasonable requirements of the Inspector of Buildings which, unless consisting of adequately protective evergreen trees to an appropriate height, shall not be over 10 feet high, that will serve to reduce noise levels, odors, and/or act as an appropriate visual barrier of such size, kind and location as will protect the public and the neighborhood from visual or other nuisance or discomfort. (Amended May 1986 ATM, Art. 10. Previously amended April 1981 STM, Art. 5.)

SINGLE-FAMILY DETACHED DWELLING - A dwelling intended and designed to be occupied by a single family but not including a trailer or mobile home. (Amended March 1978 STM, Art. 1)

SPECIAL PERMIT GRANTING AUTHORITY - The Board of Appeals except as otherwise specifically designated in this by-law for the issuance of Special Permits. (Amended March 1978 STM, Art. 1)

STREET - A public way or a way which the Clerk of the Town certifies is maintained and used as a public way or a way constructed in accordance with the subdivision control law and in accordance with subdivision plans approved by the Planning Board under its Rules and Regulations. (Amended May 2000 ATM, Article 33 and May 1995 ATM, Article 42)

STRUCTURE - Three (3) dimensional, (i.e. length, width, height) permanent improvements to real estate made with building materials which improvements include, but are not limited to swimming pools, tennis courts, basketball courts and accessory buildings. Driveways, patios, badminton and volleyball court nets (without courts), backboards above garage doors, flagpoles etc. are excluded. (Amended May 1998 ATM, Article 43)

TRAILER OR MOBILE HOME - Sometime or regularly transportable unit, by whatever name, which provides temporary or permanent facilities for living, sleeping or business use, whether with or without motor power, whether standing on wheels or other support and whether or not temporarily or permanently resting on its own foundation.

TWO-FAMILY DWELLING - A dwelling intended and designed to be occupied by two families living independently in separate dwelling units. (Amended May 2001 ATM, Art. 40)

WHOLESALE TRADE - Establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional users; to other wholesalers; or acting as agents and buying merchandise for, or selling merchandise to, such individuals or companies. (Added May 2001 ATM, Art. 40)

YARD, FRONT, SIDE, REAR - An unoccupied space open to the sky on the same lot with a building or structure (The drawing illustrates the positions and the extent of the front, side and rear yard and their required minimum setbacks.). (Amended May 1998 ATM, Article 43)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

ADVISORS - The Board of Selectmen, Planning Board, Board of Health, Conservation Commission and such others as the Board of Appeals shall consider to have special concerns in individual apartment development proposals.

APARTMENTS - Buildings containing one-family dwelling units of the following types or combination thereof; whether developed as conventional rental units, as condominiums or as cooperatives:

       (1) Efficiency Apartment - A dwelling unit within which the sleeping and living areas share a single room. For all purposes except Dwelling Unit Space such a unit shall be considered as being an individual Garden Apartment containing one bedroom.

       (2) Garden Apartments - Groups of one family dwelling units within a single building, each containing not more than two bedrooms and with fire escape safety provisions for every unit by means of at least two satisfactorily located exit doors opening either directly outdoors or into corridors of non-combustible constructions. On no level shall any such corridor serve more than four apartments.

       (3)Town House Apartments - Individual two-story, row-type, one family dwelling units, each extending from front to rear of the building, each with its own private front and rear doors and its own interior stairs. Each such dwelling unit shall have noncombustible walls between dwelling units. Such units may contain no more than three bedrooms.

APARTMENT DEVELOPMENT - One or more apartment buildings on a single lot constructed pursuant to a Special Permit issued by the Board of Appeals.

AREA -

       (1) Building Area - The total ground area, taken on a horizontal plane at the finished grade level, of each building and accessory building but not including uncovered entrance platforms, terraces and steps.

       (2) Floor Area - The total floor area of one dwelling unit within its exterior or common enclosing walls, exclusive of basement.

BASEMENT - A portion of a building containing no living space and situated partly or wholly below ground level.

BUILDING HEIGHT - The vertical distance measured from the mean finished grade of the ground adjoining the building; or the lowest finished grade under sloping conditions described in sub-section 4.p. hereof; to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and ridge, for gable, hip and gambrel roofs.

HALF-STORY - Any place (not living space) under the gable, hip or gambrel roof, the floor of which is not more than two feet below the plate.

SCREENING - A natural or constructed buffer that will serve to reduce noise levels, odors and/or act as an appropriate visual barrier of such size, kind and location as will protect the public, the neighboring properties and the occupants of the site apartments.

STORY - That portion of a building, excepting any basement or half-story, contained between any floor and the floor or roof next above it.

STREET LINE - The boundary of a street right-of-way.

WETLAND - Streams, lakes, ponds, swamps, marshes, meadows and other areas which are water saturated to or near the surface or which are under standing water (with underlying saturation) for any significant period of time.

AQUIFER - Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially producible potable water.

AREA OF INFLUENCE - The area which experiences drawdown by a pumping well as plotted on a two-dimensional (map) surface, usually ellipsoidal in shape.

CONE OF DEPRESSION - A three-dimensional conical concavity produced in a water table by a pumping well.

GLACIOFLUVIAL - Pertaining to an unconsolidated geologic deposit which was formed by, or in association with, glacial meltwater streams, typically resulting in the deposition of sand and gravel-sized particles.

GLACIOLACUSTRINE - Pertaining to an unconsolidated geologic deposit which was formed by, or in association with, a glacial lake environment, typically resulting in the deposition of sand, silt and clay-sized particles. References to such deposits within this by-law refer to the more coarse grained sediments such as would be associated with a delta.

GROUNDWATER - The subsurface water present in aquifers and recharge areas.

IMPERVIOUS SURFACE - Material or structure on, above or below the ground that does not allow significant amounts of surface water to penetrate into the soil.

LEACHABLE WASTES - Waste materials including solid wastes, sludge and agricultural wastes that are capable of releasing water borne contaminants to the surrounding environment

MINING OF LAND - The removal of geologic materials such as topsoil, sand and gravel, metallic ores or bedrock.

PROCESS WASTES - Non-domestic, non-toxic, non-hazardous, liquid or solid waste by-products associated with the manufacture or preparation of a product, including, but not limited to, hardware, dry goods, foodstuffs and printed materials,

RECHARGE AREAS - Areas composed of permeable, porous materials that collect precipitation or surface water and transmit it to aquifers.

SANITARY WASTE - Wastewaters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, and containing such concentrations and types of pollutants as to be considered normal wastes.

SATURATED THICKNESS - The depth of permeable soil actually saturated with water to the capacity of the soil to containing water under normal conditions of temperature and pressure.

SOLID WASTES - Any discarded solid material, putrescible or non-putrescible, consisting of all combustible and non-combustible solid material including, but not limited to, garbage and rubbish.

TOXIC OR HAZARDOUS MATERIALS - Any substance or mixture of such physical, chemical or infectious characteristics in sufficient quantity as to pose a significant actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalines, and all substances defined as Toxic or Hazardous under MGL, c. 21C and 21E and 310 CMR 30.00, and also such products as solvents and thinners in quantities greater than normal household use. Also refer to Section I-D of this by-law.

WETLANDS - As defined by M.G.L., Chapter 131, Section 40. Also refer to section V-I of this by-law.

ZONE I - As defined by 310 CMR 22.02 (1), Zone I is the protective radius required around a public water supply well or wellfield which must be owned by the water supplier or controlled through a conservation restriction. For public water system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet.

ZONE IA - As defined by the Town of Holliston as a special zone, the cone of influence of all existing (confirmed by long-term pump test) municipal wells within the town.

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 the well's maximum allowable rate with no recharge from precipitation), exclusive of overlapping Zone IA areas.

ZONE III - The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II.

AFFORDABLE DWELLING UNIT : A dwelling unit created under this section, which is restricted for low and moderate income households in accordance with the terms of a Special Permit and use restriction.

LOW AND MODERATE INCOME HOUSEHOLD : A household with an annual income not exceeding eighty percent (80%) of the median household income for the Boston Metropolitan Area; or a household in similar income group which is eligible for housing assistance under a state or federal housing subsidy program.

MEDIAN HOUSEHOLD INCOME : The median household income for the Boston Metropolitan Area, Middlesex County portion, as determined from time to time by the U.S. Department of Housing and Urban Development.

USE RESTRICTION : A contract, mortgage agreement, deed restriction, condition of zoning Approval, or other legal instrument which restricts the sale, resale, or rental price and occupancy of an affordable dwelling unit to a resident or residents of Holliston, a former resident or residents of Holliston, or a person or persons employed in the town of Holliston with qualified incomes.

ANTENNA Any apparatus acting as an intentional radio-frequency and/or wireless transmitter and/or receiver used in the carriage of wireless telecommunication services.

DEVICE Any antenna or other apparatus that performs the function of antennas, together with any telecommunications structures, equipment and facilities ancillary and/or accessory thereto; by way of example and not limitation, "device" shall mean among other things panel antennas, whip antennas, pole antennas, dish and cone-shaped antennas, other free-standing antennas and personal wireless service facilities. The term "device" is intended to include facilities for the provision of wireless telecommunications services regulated by the Federal Communications Commission ("FCC") and defined as "personal wireless services" in Section 704, or other sections of the Federal Telecommunications Act of 1996 as amended; including, by way of example but not limitation, personal wireless services include cellular telephone services, so called personal communications services ("PCS"), and paging services.

FREE STANDING DEVICE A monopole wireless service facility not requiring guy wires for support; and any other device mounted on the ground and not mounted on any existing building or structure.

HEIGHT A distance measured from the average finished grade of the land surrounding the device to its highest point, surface or projection, in the case of free-standing devices, or a distance measured from the average finished grade of the land surrounding the exterior walls to the highest point, surface or projection of the device, in the case of devices mounted on existing buildings.

AGE-RESTRICTED DEVELOPMENT OR SENIOR RESIDENTIAL DWELLING DEVELOPMENT A multifamily development, on one parcel or contiguous parcels totaling at least fifteen acres in size, specifically designed and intended for persons of age fifty-five or over within the meaning of MGL, c. 151B, s. 4 (6) and 42USC, s. 3601, et seq. and approved under this Zoning By-Law. One-hundred percent of the dwelling units within such a development shall each be occupied by a person who is fifty-five years of age and shall be subject to a deed restriction.

BUILDING AREA - The total ground area, taken on a horizontal plane at the finished grade level, of each building and accessory building but not including uncovered entrance platforms, terraces and steps.

FLOOR AREA - The total floor area of one dwelling unit within its exterior or common enclosing walls, exclusive of basement.

BASEMENT - A portion of a building situated partly or wholly below ground level.

BUILDING HEIGHT - The vertical distance measured from the mean finished grade of the ground adjoining the building; or the lowest finished grade under sloping conditions described in sub-section 6.c. hereof; to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and ridge, for gable, hip and gambrel roofs.

SCREENING - A natural or constructed buffer that will serve to reduce noise levels, odors and/or act as an appropriate visual barrier of such size, kind and location as will protect the public, the neighboring properties and the occupants of the site units.

STREET LINE - The boundary of a street right of way.

AFFORDABLE HOUSING UNIT . A dwelling unit that qualifies as a local initiative unit under the Commonwealth's Local Initiative Program (760 CMR 45.00) and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23.

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with a household income that does not exceed 80% of the Holliston area median income, with adjustments for household size, as reported by the most recent information from the United Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).

APPLICANT, DEVELOPER, SUBDIVIDER shall include all owners of land shown on a plan, or his agent or representative or assigns. Agents of owners and applicants shall provide documentation of authority.

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

CERTIFIED BY (OR ENDORSED BY) THE BOARD as applied to a plan or other instrument required or authorized by the Subdivision Control Law or by those Rules and Regulations to be recorded, shall mean, bearing a certification or endorsement signed by a majority of the members of the Board, or by any other person authorized by it to certify or endorse its approval or other action and names in written statement at the Registrar of Deeds and Recorder of the Land Court, signed by a majority of the Board.

DEFINITIVE PLAN shall mean a plan of a subdivision or re-subdivision of land showing the details as finally determined by the applicant and shall be drawn and contain such information as is hereinafter provided.

LENGTH OF DEAD-END STREET shall be measured from the intersection of the through street edge of right-of-way (i.e. Sta. 0+00) to the end of the new right-of-way.

LOT shall mean an area of land, with definite boundaries, used, or available for use, as the site of one or more buildings.

PRELIMINARY PLAN shall mean a plan of a proposed subdivision or re-subdivision of land the contents of which shall be as hereinafter provided.

RECORDED shall mean recorded in the Middlesex South District Registry of Deeds; except as to registered land, it shall mean filed with the Recorder of the Land Court.

STANDARD SPEC shall mean the Massachusetts Highway Department Standard Specifications for Highways and Bridges, latest edition, as amended and the Supplemental Specifications to the Standard Specifications for Highways and Bridges, latest edition, as amended.

SCENIC ROAD shall mean a road designated as a Scenic Road by the Town of Holliston under Mass. General Laws, Chapter 40, Section 15C. A current list of Scenic Roads is available in the Town Clerk's Office, and is provided in the Planning Board's Scenic Road Regulations.

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 or to the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided has frontage on one of the following: (a) a public way or a way which the Town Clerk certifies is maintained and used as a public way, (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law; (c) a way in existence when the subdivision control law became effective in Holliston, having, in the opinion of the 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 at least such distance as is then required by zoning or other bylaws of Holliston for erection of a building on such lot, and if no distance is so required shall be at least twenty feet. Conveyance or other instruments adding to, taking away from, or changing the size 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 Holliston into separate lots on each of which one of such building remains standing, shall not constitute a subdivision.

TOWN HORIZONTAL DATUM shall mean the current Massachusetts Coordinate System North American Datum (NAD), 1983 (Mainland Zone) as prescribed by MGL, c. 97 Surveying of Land.

TOWN VERTICAL DATUM shall mean the North American Vertical Datum of 1988 as defined by the National Ocean Services/National Geodetic Survey or its successors.

UTILITIES shall mean water, drainage, telephone, electricity, gas, and similar services.

ADJACENT UPLAND RESOURCE AREA shall include all lands within 100 feet of wetland resource areas as enumerated in Section 3.1, except for perennial streams and rivers for which the adjacent upland resource area extends for 200 feet from the MAHWL, and except for vernal pools and ponds under 10,000 square feet in area for which special adjacent upland resource area definitions are described below.

AGENT OR ADMINISTRATOR . Anyone appointed or assigned by the Commission to serve as its representative.

ALTER includes, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by the Bylaw:

       1. removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;

       2. changing of preexisting drainage characteristics, flushing characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;

       3. drainage, or lowering of water level or water table;

       4. dumping, discharging, or filling with any material which may degrade water quality;

       5. placing of fill, or removal of material, which would alter elevation;

       6. driving of piles, erection, or repair of buildings, or structures of any kind;

       7. placing of obstructions or objects in water;

       8. destruction of plant life including cutting of trees within a resource area or within a buffer zone if a resource area could reasonably be affected thereby;

       9. changing temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any waters;

       10. any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or ground water including, without limitation, any activity that may cause surface water runoff contaminated with sediments, chemicals, or animal wastes;

       11. application of pesticides or herbicides;

       12. incremental activities which have, or may have, a cumulative adverse impact on the resource areas protected by the Bylaw;

       13. storage of flood waters and storm water runoff waters in wetlands; and

       14. temporary or permanent change in the use of land which may result in potential or actual adverse effect on the purposes and values of the Bylaw, including but not limited to any temporary or permanent change in use of land preserved pursuant to Article 97 of the Massachusetts Constitution.

APPLICANT . The individual or entity filing (or on whose behalf is filed) an application under the Bylaw.

BANK . The land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the Mean Annual High Water Line, whichever is higher.

BANKFULL . For those stream types that exhibit a well-developed floodplain, bankfull stage is easily and reliably identified as the elevation of the floodplain. A rivers bankfull condition occurs regularly; it is the only morphologic feature of a river that coincides with a constant recurrence interval of flow. If a person observes a stream at bankfull stage (which may only occur a few days per year - perhaps only a few minutes for a small stream), the water level can be easily noted and shall be considered to be the mean annual high water line of the perennial or intermittent stream.

BODY OF WATER . Any naturally occurring confinement of surface water including those created by dams, impoundments, etc.

BORDERING LAND SUBJECT TO FLOODING (BLSF) . The area inundated when a statistical 100-year frequency storm causes lakes, ponds, rivers, and streams to rise from their normal courses. The bordering land boundary is defined in one of three ways:

       1. The boundary or high water mark of the 100-year floodplain as shown on the Holliston FEMA (Federal Emergency Management Agency) flood study map where that boundary is based on flood profile data.

       2. For areas bordering other resource areas, where the boundaries of the 100-year flood plain are not based on FEMA flood profile data, historic observations of high water flood levels shall be used. Evidence includes high water marks, flood damage to structures or trees, flood debris deposition elevations, written depth measurements, photos, and other flood documentation.

       3. For areas bordering other resource areas where the boundaries of the 100-year floodplain are not based on FEMA flood profile data, and where documented historic observations are not available, the floodplain boundaries may be based on hydrologic calculations using the new Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada (updates TP-40), published by Cornell University. Copies of the new Atlas may be obtained from the Northeast Regional Climate Center, Cornell University (607) 255-1751 (publication RR 93-5).

       Observational evidence shall, in all instances, take precedence over estimates, calculations and other inferential evidence.

BUFFER ZONE . Any land within 100 feet horizontally outward from the edge of any resource area as defined in this Section 2.3.

DIRECT DISCHARGE includes, without limitation, any outfall of water that empties into the resource area or adjacent upland resource, including infiltration.

DISTANCES noted in the Bylaw (excluding depth), such as adjacent upland resources distances, are planar distances measured along a single elevation. Consequently, on steeply sloped topography the measured over-ground distance may not accurately reflect the distances specified in the permits and conditions specified by the Bylaw or these Regulations. In particular, the 100 foot (adjacent upland) resource area on steeply sloped land will measure considerably more that 100 feet when measured over-ground on site.

DISCHARGES INTO WETLANDS shall include, without limitation, any discharge from the project that flows to a wetland resource or adjacent upland resource through new or existing drainage structures, including existing road drainage pipes, that empty into wetland resources or adjacent upland resources, including infiltration, regardless of the distance between the project site and the wetlands resources or adjacent upland resources.

EXISTING shall mean existing in full on or after the effective date of these Regulations, unless specified otherwise in the Bylaw.

FLOODPLAIN . The floodplain is the level of the land area adjacent to the channel that is flooded at a frequency commensurate with bankfull discharge. The recurrence interval for bankfull flow or stage is in the range of one to two years. In general, a value of 1.5 years is a good average. This means that the discharge in a river will equal or exceed bankfull two out of three years on the average.

ISOLATED LAND SUBJECT TO FLOODING (ILSF) . An area, depression, or basin of any size that holds standing water for at least one month during the spring and/or fall of most years. Not included are swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons.

LAND SUBJECT TO FLOODING shall include isolated land subject to flooding, bordering land subject to flooding and vernal pools as defined in this section (2.3).

NO DISTURBANCE AREA . A continuous cover of locally indigenous vegetation 50 feet horizontally outward from the upland edge of a resource area, except for perennial streams and rivers, vernal pools (and their habitat and buffer zones) as described in this section.

MEAN ANNUAL HIGH WATER LINE . The mean annual high water line (MAHWL) shall be the line represented by bankfull conditions when they occur above the first observable break in slope. If no break in slope exists, the MAHWL will be represented by other bankfull indicators as specified in these Regulations (see Bordering Land Subject to Flooding). The water level of a stream that has been observed at bankfull stage (which may only occur a few days per year, perhaps only a few minutes for a small stream) shall be considered to be the mean annual high water line of the perennial or intermittent stream.

PERSON . Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town bylaws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.

POND . Any open body of fresh water with a surface area observed or recorded within the last ten years of at least 5,000 square feet. Ponds shall contain standing water except for periods of extended drought. Not included are swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons. The adjacent upland resource area for ponds under 10,000 square feet shall extend 100 feet from the mean annual high-water or one-half of the distance from existing house foundation, which ever is smaller, but in no case shall the adjacent upland resource area include existing lawns, gardens, landscaped or developed areas.

RARE SPECIES shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.

RECREATION connotes passive recreation activities that do not conflict with or diminish other wetland values and functions. Examples include, without limitation, bird watching and other nature studies, walking and hiking, swimming, canoeing, and fishing.

RESOURCE AREA shall include all lands (including uplands) within 100 feet of wetland resource areas as enumerated in Section 3.1, except for perennial streams and rivers, vernal pools and ponds under 10,000 square feet in area, for which special adjacent upland resource area definitions are described in this Section 2.3.

RIVER shall refer to perennial streams. A perennial stream or perennial river is defined in Section 10.58(2)(a)(1)(c) of the Act as one that flows throughout the year, except in periods of extended drought. Rivers also may be regarded as perennial if they dry up due to diversion of water, well draw-down, or if flow is restricted by control structures. A river shall be presumed to be perennial if the following criteria apply:

       1. it has a watershed of one (1) square mile or greater,

       2. it has upstream tributaries, making the stream second order or greater, or

       3. groundwater elevation is at or near the surface.

       For the purposes of the Bylaw, the protections afforded to River Front Areas under the 1996 amendment to the Massachusetts Wetlands Protection Act shall extend the reach of jurisdiction 200 feet from the MAHWL of a stream or river as specified by the Act.

       A.continuous cover of locally indigenous vegetation 100 feet horizontally outward from the MAHWL of a river or stream shall be the No Disturbance Area of the river or stream unless rare species are present. If a rare species has been found or if the MNHESP Estimated Habitat Map shows estimated habitat, within a distance determined by the Commission on a case by case basis, then the No Disturbance Area shall be 200 feet from the MAHWL of the river or stream.

STREAM shall refer to intermittent streams. An intermittent stream is a defined channel with a hydraulic gradient through which water flows during part of the year and which either flows out of, into, or within a wetland resource under this bylaw. A portion may flow through a culvert or under a bridge.

VERNAL POOL . The term vernal pool shall include, in addition to that already defined under the Wetlands Protection Act, G.L. Ch. 131, §40 and regulations thereunder, 310 CMR 10.00, any confined basin or depression not occurring in existing lawns, gardens, landscaped areas, or driveways, which, at least in most years, holds water for a minimum of one month during the spring and/or summer, contains at least 200 cubic feet of water at some time during most years, is free of adult predatory fish populations, and provides essential breeding and rearing habitat functions for amphibian, reptile, or other vernal pool community species, regardless of whether the site has been certified by the Massachusetts Division of Fisheries and Wildlife.

VERNAL POOL HABITAT . A vernal pool and the area within 100 feet (adjacent upland resource) of the mean annual boundaries or highest observed flood level, whichever is higher, of such pool shall be referred to as vernal pool habitat, regardless of whether or not any portion of this vernal pool habitat comprises a resource area as described in the Bylaw and/or The Massachusetts Wetlands Protection Act or its regulations (310 CMR 10.00). Such an area is an essential breeding habitat for amphibians, reptiles, or other vernal pool community species and provides other extremely important functions including providing food, shelter, migration, aestivation and hibernation habitat during the non-breeding season for a variety of these species as well as other wildlife and shall be a No Disturbance Area.

VERNAL POOL BUFFER ZONE shall include the area within 100 feet of the boundary of the vernal pool habitat, regardless of whether or not any portion of this vernal pool buffer zone comprises a resource area as described in the Bylaw and/or The Massachusetts Wetlands Protection Act or its regulations (310 CMR 10.00). The vernal pool buffer zone is an essential breeding, feeding, migration, aestivation and hibernation habitat for amphibians, reptiles and other wildlife and shall be a No Disturbance Area.

VERNAL POOL SPECIES shall include any species of reptile, amphibian, or invertebrate that breeds in a vernal pool. These species may be obligate or facultative.

VOLUME OF A DETENTION/RETENTION BASIN . Basin volume shall be calculated as that volume contained between the basins 100-year flood elevation and the lowest elevation of the basin floor, except that in the case of a wet detention basin 50% of the calculated volume shall be used for fee determination purposes.

WET DETENTION BASIN . A wet detention basin is a detention basin designed to hold water for at least two continuous months during the spring/summer, where the ponding area covers at least one-third of the basin floor to an average depth of six inches of water, which supports wetland vegetation, and which meets the other design requirements set by the Commission.