ACCESSORY BUILDING An accessory building is one located on the same lot with the main building detached or attached, and is subordinate and customarily incidental to the use of the main building.
ACCESSORY USE An accessory use is one located on the same lot with (or in) the main building or use and which is subordinate and customarily incidental to the use of the main building or the land.
Note: Uses accessory to permitted uses which are necessary in connection with scientific research, scientific development, or related production do not have to be located on the same parcel of land as the principal activity as long as a special permit is issued under and in accordance with M.G.L. Chapter 40A, Section 9.
AFFORDABLE UNIT A low or moderate incoming housing unit as defined in MGL Chapter 40B Section 20.
ANCILLARY USE An Ancillary Use is one located in the same district, but not necessarily on the same lot, with the main building or use, and which is subordinate to or customarily incidental to the use of the main building or the land.
BODY ART Means the practice of physical body adornment by permitting establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by the Massachusetts Board of Registration in Medicine, such as implants under the skin, which are prohibited.
BODY ART ESTABLISHMENT Means a location, place or business that has been granted a permit by the Board, whether public or private, where the practices of Body Art are performed, whether or not for profit.
BUILDABLE LOT A lot, as defined in this by-law, which meets all the minimum requirements set forth in this By-law necessary for the authorized construction of at least one main building/structure.
BUILDING A structure enclosed within exterior walls, built, erected and framed of a combination of materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.
BUILDING INSPECTOR Building Inspector shall mean the existing Maynard Inspector of Buildings under the State Building Code or other designated authority, or his duly authorized representative, appointed by the Selectmen, and charged with the enforcement of this zoning bylaw.
BUILDINGS, COVERAGE Building coverage shall be determined by dividing the total area of all buildings on the lot, including carports and canopies, whether or not such car ports or canopies are attached to a building, by the total lot area.
BUILDING STORY That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
BUILDINGS / STRUCTURE HEIGHT The vertical distance of the highest point of the roof beam in the case of a flat roof and of the mean level of the highest gable of a sloping roof as measured from the mean finished grade at all elevations of a building. Chimneys, ventilators, antennae, skylights, tanks, bulkheads, elevator equipment or solar panels shall not be considered part of the height of the building if such projections do not extend more than (5) five feet above the specific height limit.
CHANGE OF USE A change from one principal use to another principal use as listed in Section 2.3, Table of Uses.
CLINIC : A building or part thereof, used by medical doctors, dentists, chiropractors, licensed massage therapists, osteopaths, psychotherapists, or occupational therapists their staff and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may include administrative offices; reception areas, waiting rooms, treatment rooms, laboratories, x-ray and minor operating rooms, pharmacies and dispensaries directly associated with the clinic, but shall not include accommodations for in-patient care, or overnight care facilities.
DAY CARE CENTER . Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known under any other name which receives children, not of common parentage, under seven years of age or under 16 years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). Day care center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery, or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; and a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore.
DEVELOPMENT Any man-made change to a parcel of land or the buildings or structures thereon, including, but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations.
DWELLING A building for human habitation, which shall not include a trailer or other mobile living unit or hotel, dormitory, hospital or rooming house.
DWELLING, SINGLE FAMILY A dwelling designed for or occupied by one (1) family.
DWELLING, TWO FAMILY A dwelling designed for or occupied by two (2) families.
DWELLING, MULTI-FAMILY A dwelling designed for or occupied by more than two (2) families.
DWELLING UNIT A portion of a building designated as the residence of one family or individual with suitable approved provisions for eating, sleeping, cooking and sanitation.
FAMILY A person or number of persons occupying a Dwelling Unit and living as a single housekeeping unit.
FAST FOOD Food which is (a) primarily intended for immediate consumption rather than for use as an ingredient in or component of meals; (b) available upon a short waiting time; and (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
FAST- FOOD RESTAURANT An Establishment serving prepared (ready to eat) food to its customers, of which 25% of said customers order food as take-out (meaning not to be consumed on the premises), and which other customers when consuming the food on the premises, do so without the benefit of metallic knives, forks and spoons, or re-usable serving dishes provided by the establishment. Grocery stores, small markets with deli counters, and traditional bakeries are specifically exempted from this definition.
FLOOR AREA, GROSS The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or, from the centerline of a wall separating two buildings but not including interior parking spaces, loading space for motor vehicles or any space where the floor to ceiling height is less than six feet.
GARDEN CENTER : A retail center for the sale and/or display of shrubs, trees, plants, garden supplies, and related items.
GARAGE, PRIVATE Any building or portion of a building accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located which is used for keeping of a motor vehicle or motor vehicles and in which no business or industry dealing with sales, servicing or repair of such vehicles is carried on.
HEALTH CLUB : An establishment, providing space or facilities for physical exercise or for participating in sports activity.
HEALTH CARE DWELLING UNIT A dwelling unit, with or without integral cooking facilities, within a Healthcare/Industrial District, as part of a multi-unit development of such dwelling units, provided there shall be allowed no more than 2 residents per unit.
HEALTHCARE/ELDERLY HOUSING A Healthcare Dwelling Unit to be occupied only by residents age 55 or older.
HEALTHCARE FACILITY : A Clinic or Hospital.
HOSPITAL : Any institution, however named, licensed by the Commonwealth of Massachusetts as a hospital, acting through the Department of Public Health, or any successor agency, whether operated as a charity or as for-profit, which is maintained for the purpose of caring for persons admitted thereto for diagnosis or medical, surgical or rehabilitative treatment which is rendered within said institution, including related facilities such as hospital diagnostic laboratory, out-patient departments, patient pharmacy, stock room, physical therapy, staff and administrative offices.
LOT An area of land, undivided by any street, in one ownership with definitive boundaries ascertainable from the most recently recorded deed or plan or certificate of title which is:
1. Recorded in the Middlesex County South District Registry of Deeds, or
2. Issued by the Land Court and registered in the Land Court section of such Registry, or
3. Disclosed by any and all pertinent public documents.
A.lot may or may not be buildable; such a determination is to be made on the basis of compliance with minimal dimensional regulations and other criteria as set out in these By-Laws.
LOT AREA Lot area is the 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 the lot abuts, even if fee to such street is held by the owner of the lot. For purposes of satisfying the Dimensional Requirements of this By-law for the minimum area of a Buildable Lot, no Lot shall include more than 20% of its required minimum lot area as land under water, 100-Year floodplain, wetlands or any land which constitutes a protected resource area as defined under the Maynard Wetlands Administration By-law (excepting the 100 foot buffer zone), or any combination thereof in the aggregate. Where a question exists as to the extent of such protected resource area(s) on a lot, the Building Commissioner or the Planning Board may require the applicant to have the limits of the resource area(s) flagged in the field by a consultant knowledgeable in such matters, and then to make a formal Request for Determination of Applicability to the Conservation Commission to certify the boundaries of the resource areas prior to the issuance of any permits or approvals.
LOT FRONTAGE Lot frontage is the uninterrupted linear or curvilinear extent of a Lot measured along the street right of way from the intersection of one Side Lot Line to the intersection of the other Side Lot Line. The measurement of Lot frontage shall not include irregularities in the street line and in the case of a corner lot, shall extend to the point of intersection of the sideline of the rights of way. If a lot has frontage on more than one street, frontage on one street only may be used to satisfy the minimum lot frontage.
LOT LINE A line dividing one lot from another or from a street or any public place.
LOT LINE, REAR A line separating one lot from other lots or from land in different ownership, being the boundary of a lot which is opposite or approximately opposite the frontage street. Where, because of irregular lot shape, the Building Inspector and the lot owners cannot agree as to whether a lot line is a side or rear line, it shall be considered a rear line.
LOT WIDTH Lot width is defined as the diameter of the largest circle that can be inscribed within the side lot lines at any point on a continuous line from the frontage of the Lot to the front line of the principal structure of the Lot.
MEDICALLY ASSISTED HOUSING A Healthcare Dwelling Unit to be occupied only by residents that may need on-site medical assistance or assistance with other activities or daily living in order to live independently and by members of their families age 55 or older.
MIXED USE A single structure with the above floor(s) used for residential or office use and a portion of the ground floor for retail/commercial or service uses.
NON-CONFORMING USE OR STRUCTURE . Any use or structure which is lawfully in existence or lawfully begun but which does not conform to the most recent effective zoning regulations for the district in which such use or structure exists. See Section 7.
NURSING OR CONVALESCENT HOME A building housing a facility licensed to provide full-time long term accommodation and a combination of personal and health care services in a supervised environment. Said facilities shall provide long term intensive, skilled and supportive nursing care, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. The facilities may contain common areas for therapy, recreation and dining; further, the facilities may also include on-premise medical offices and treatment facilities related to the care of the tenants. For the purposes of this Bylaw, it includes: extended care facility, intermediate care facility, convalescent home and rest home.
OPEN SPACE Open space shall be those areas of a lot which except as provided by this zoning bylaw are to remain un-built and which shall not be used for parking, storage or display.
PARKING STRUCTURE : A building (or part thereof), which is designed specifically to be for automobile parking and where there are a number of floors or levels which parking takes place.
PERSONAL SERVICES ESTABLISHMENT : Establishments providing non-medically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. This shall not include Dry Cleaning Establishments in which cleaning of clothes takes place on-site or Body Art Establishments.
PROFESSIONAL OFFICE : Professional or government offices including; accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer sciences; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside of the home.
RECREATIONAL : Primary or accessory use by persons and their pets ( in a manner approved by the Board of Selectmen or other appropriate authority in accordance with any applicable state statute or local by-law, rule or regulation) of a lot or structure for indoor or outdoor exercise or relaxation, including team sports, nature study, boating, fishing and the like, as otherwise legally permitted
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 5/18/10.
RETAIL BUSINESS : A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
SEASONAL AND CHARITABLE SALES : Sales of goods (such as Christmas trees) or services (such as car washes) by non-profit charitable organizations to raise funds for the benefit of the same or other non-profit charitable organizations, if such sales (a) are an accessory use on a temporary basis (not to exceed 45 days), and (b) do not, in the judgment of the Maynard Building Commissioner, constitute a significant and unreasonable impact on neighboring properties as regards to parking, traffic, light, noise, fumes, etc.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 5/18/10.
SIGN Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, designs, trade names or trade marks whether stationary or portable, by which anything is made known, such as used to locate an individual, form of association, a corporation, a profession, a business, or a commodity or product which are visible from a public or private street or right of way and used to attract attention.
SUPERMARKET : A retail establishment or full-service grocery store primarily selling food and grocery items which may provide multiple departments offering for sale unprepared foods such as, but not limited to, fresh meats, fresh poultry, fresh seafood, organic foods, bakery products that are baked on the premises, a fresh produce department and a deli department offering freshly prepared foods and counter service, which may contain a pharmacy and which may sell other merchandise such as convenience items, household supplies, hardware, and personal care and health products
STREET A public way or private way either shown on a plan approved in accordance with the subdivision control law or otherwise qualifying a lot for frontage under the subdivision control law, M.G.L. Chapter 41, Section 81c.
STREET LINE The boundary of a street right of way or layout.
STRUCTURES A combination of materials assembled to give support or shelter such as; buildings, towers, masts, sheds, roofed storage areas, mechanical equipment, swimming pools, signs, fences; but not including septic tanks, and septic systems and accessory facilities associated with the provision of utilities such as, drains, wells, transformers and telephone poles.
TEMPORARY ENCLOSURE A temporary enclosure is defined as any movable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required. This would include temporary garages of tent like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this by-law, and as such are governed by the same setback requirements as other structures under this by-law. Tents set up for special occasions, screen houses, and other seasonal, recreational enclosures are specifically exempted from this definition unless used for storage as listed above.
TRAILER Trailer shall mean any vehicle which is drawn by or used in connection with a motor vehicle and which is so designed and constructed or added to by means of such accessories as to permit the use and occupancy thereof for human use or habitation, whether resting on wheels, jacks or other foundations. It shall include the vehicle commonly known as a mobile home, containing completed electrical, plumbing and sanitary facilities and be designed to be installed on a temporary or permanent foundation for permanent living quarters.
USE, PRINCIPAL The main or primary purpose for which a Structure or Lot is designed, arranged or intended or for which it may be used, occupied or maintained under this zoning bylaw.
WHOLESALE BUSINESS : A business primarily engaged in buying merchandise for resale to retailers or to industrial, commercial, institutional, farm, business users or other wholesalers, or in acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies on a commission basis.
YARD An open space on a lot unoccupied by a building or structure or parts thereof; provided however, that roof overhangs, cornices or eaves shall not extend twenty four (24) inches into the minimum required yard. Steps, unroofed porches, window sills, slanted bulkheads, fences, gates or security stations, yard accessories, ornaments and furniture and customary summer awnings are permitted in any yard but shall be subject to height limitations and setback limitations. The minimum required yard shall be a strip of land of uniform depth required by this zoning bylaw measured from the lot or street line and adjacent thereto.
WIRELESS TELECOMMUNICATION TOWER AND FACILITIES (hereinafter also referred to as the "facility or facilities") shall include towers, antenna(s), panels, and appurtenant structures designed to facilitate the following services: cellular telephone service, personal communications services, and enhanced mobile radio service. For the purposes of this By-law, wireless telecommunication facilities shall also include any satellite dish greater than three (3) feet in diameter.
THIS BY-LAW herein shall be taken to mean the Protective Zoning By-law of the Town of Maynard, or more specifically, and as the context requires, Section 9 of same as defined herein.
TOWER HEIGHT shall mean the height of the tower or of any component including antenna(s), as measured vertically from the extreme highest point of the tower to the lowest point of natural grade within a perimeter circle extending 10 feet outside the bounds of the smallest circle containing all the supporting legs of the tower.
AREA OF SIGN : The area, including all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, the frame around the sign, and any "cut outs" or extensions, but not including any supporting structure, bracket or bracing. Calculation of sign areas shall use the following formulae:
1. For two-dimensional signs affixed to or fabricated from a mounting background or signboard: the area shall be the smallest rectangular plane that wholly contains the sign.
2. For two-dimensional signs consisting of individual letters or symbols affixed directly to the building wall, window, or awning: the area shall be the smallest area enclosed by a series of straight lines connected at right angles which encompasses all of the letters and symbols.
3. For two-dimensional double-faced signs less than four (4) inches thick: use the area of one face as calculated under subparagraph.
4. For three-dimensional signs, double-faced signs greater than four (4) inches thick, objects used as signs, and "V" shaped signs: the area shall be determined by the largest of either the front or side projected view of the sign.
BRACKET : A device used to attach a sign to a building other than with screws or bolts.
CLEARANCE : A completely open and unobstructed space measured from the ground level to the lowest portion of a hanging sign. No less than eight feet (8') clearance shall be allowed when the sign is over a public or private way or walking area.
ILLUMINATION : The act of applying or brightening a sign with light. Illumination of signs shall be subject to the following provisions:
a. Lighted signs may be illuminated only by a steady, stationary light without causing harmful glare for motorists, pedestrians or neighboring premises. Lighting designs shall also protect the night sky from unnecessary ambient light.
b. Sign illumination is permitted only during those hours in which the associated establishment(s) is/are open to the public.
c. Internally lighted signs are not permitted. All lighting for signs shall be external to the text and graphics of the signs.
d. All flashing, changing, or intermittent illumination is prohibited.
e. Exceptions to 'a', 'b', 'c' and 'd' above shall include: time/temperature signs, holiday decorations, and exposed neon "open" signs. Exposed neon "open" signs shall be restricted in size to a maximum of 20 inches tall and 30 inches wide.
LINEAL FRONTAGE : The length in feet of a building or storefront which abuts a street or public right-of-way at its first floor or entrance level.
SIGN : Any two or three dimensional fabrication, or assembly, including its supporting structure, consisting of any letter, figure, character, symbol, emblem, mark, design, pictorial representation, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, business, public performance, article, machine or merchandise whatsoever, and displayed in any manner for recognized identification or advertising purposes. "SIGNS" shall be divided into the following categories:
AWNING SIGN : Any sign painted, sewn or attached onto an awning. Awnings may not extend more than Thirty Six (36) inches into the Public Way. Awnings shall conform to the Massachusetts State Building Code.
BANNER SIGN : Any sign constructed of fabric or flexible material. Pennants and flags are banner signs. Banner signs may be used as permanent and temporary signs. A permanent banner sign shall not exceed sixteen (16) square feet in size.
DIRECTORY SIGN : Any sign which contains listings of two or more commercial uses or users. A directory sign shall be designed and constructed with provisions for changes of listing without reconstruction of the entire sign.
FREE-STANDING SIGN : Any sign structurally separate from the building, being supported on itself, on a standard, or on legs. Free standing signs shall be non-moveable and permanently anchored.
PLAQUE OR HISTORIC MARKER : A permanent, non-illuminated sign which identifies a structure or site designated by the Maynard Historical Commission as being historically significant. In the case of a structure, said sign shall be attached parallel to the structure and shall not exceed four (4) square feet. In the case of a site, said sign shall be placed on a structure or shall be freestanding, and shall not exceed four (4) square feet in area. The sign area for a plaque or historic marker shall not be figured in the allowable sign area for the structure or site.
PROJECTING SIGN : A sign which extends forward or out from a facade of a building. Signs shall project no more than five feet (5') from a building or two-thirds (2/3) of the width of the sidewalk, whichever is less. A Projecting Sign shall not exceed eight (8) square feet in area.
SANDWICH BOARD SIGN : A sign structurally separate from a building and being supported on itself, usually on legs; a sandwich board sign shall be moveable and without permanent anchoring. Said sign shall not be more than six (6) square feet in area, as calculated for two-dimensional double-faced signs, shall be constructed of materials intended for outdoor use and shall not impair visibility or ability to use any public way or public area.
SPECIAL PERMIT GRANTING AUTHORITY : For the purposes of Section 10 of the Maynard Protective Zoning Bylaws, The Town of Maynard Planning Board shall be considered the Special Permit Granting Authority (SPGA) unless otherwise noted.
TEMPORARY SIGN : A sign which is intended for a limited period of display. A temporary sign may be erected for a period not to exceed the time frames listed in the following categories. A temporary sign that does not meet the following criteria shall be subject to the same requirements as for permanent signs.
1. Poster-type signs, construction signs, and real estate signs are considered temporary signs provided they meet the following necessary criteria:
a. Poster-type sign:
(1) may not occupy more than twenty (20)% of the window area and may not be attached to the exterior surface of the window.
(2) shall be related to use conducted or goods available on the premises.
(3) may not be used for more than twenty-eight (28) consecutive days.
b. Construction sign:
(1) identifies parties involved in construction on the same premises only
(2) shall not contain advertising
(3) shall not be utilized for more than one (1) year, or for the duration of work on the lot, whichever is longer
(4) shall not exceed sixteen (16) square feet in area.
(5) shall be removed promptly by contractor within fourteen (14) calendar days of the completion of work.
c. Real Estate sign:
(1) shall be related to sale, rental, or lease of same lot shall not be more than twelve (12) square feet in area.
(2) shall be removed within seven (7) calendar days after sale, rental, or lease.
2. Any banner sign shall be considered a temporary sign provided it meets the following criteria:
a. A banner sign intended to advertise a business establishment prior to permanent signing:
(1) shall be erected for a maximum of thirty (30) calendar days
(2) shall be no larger than twenty (24) square feet in area per business
(3) shall be attached to the building.
b. A banner sign intended to advertise a special event:
(1) shall be no greater than seventy-five (75) square feet in area if placed across a public street; otherwise, shall be no greater than twenty (24) square feet in area.
(2) shall be erected for a maximum of sixty (60) calendar days, and
(3) shall be removed within three (3) calendar days after the event is over.
3. A sandwich board sign shall be considered a temporary sign provided that it meets the following criteria:
a. the sign is intended to advertise a special event or seasonal product
b. it shall be erected for a maximum of thirty (30) calendar days within any twelve-month period.
WALL SIGN : Any sign painted on or affixed to a building wall is a wall sign. Wall signs consist of two basic categories:
1. Directly applied: painted or three-dimensional letters applied directly to a building surface.
2. Independent Wall Sign: painted, incised or three-dimensional letters affixed to a sign board which is then attached to a building surface.
WINDOW SIGN : Any temporary or permanent sign affixed to the surface of the glass of any part of any building. Window sign(s) shall not occupy, in total, more than twenty percent (25%) of the glass area and may not be attached to the exterior surface of the glass. Window signs shall contain no letters greater than nine (9) inches in height. Any interior sign which is within five feet (5') of the window glass and which is visible from the outside of the building shall be considered a window sign even though it may not be affixed directly to the glass. Window displays of actual products or merchandise for sale or rent on the business premises shall not be considered window signs.
ACCESS DRIVEWAY (OR THROAT) - The travel lane that allows motor vehicles ingress from the street and egress from the site and includes the area between the sidelines of the street to the area within the lot.
INTERIOR DRIVEWAY - A travel lane located within the perimeter of a parking lot which is not used to directly enter or leave parking spaces. An interior driveway shall not include any part of the access driveway.
MANEUVERING AISLE - A travel lane located within the perimeter of a parking lot by which motor vehicles directly enter and leave parking spaces.
PARKING STALL LENGTH OF LINE - The dimension of the stall measured parallel to the angle of parking.
WIDTH OF PARKING STALL - The linear dimension measured across the stall and parallel to the maneuvering aisle.
AQUIFER - Geological formation composed of rock or unconsolidated materials or a part of a formation that is capable of yielding a significant amount of ground water.
DRINKING WATER SUPPLY - Groundwater or surface water currently in use or which may reasonably be in use in the future as a source of public or private water supply.
GROUND WATER - Water below land surface in a zone of saturation.
HAZARDOUS MATERIAL - Any substance included in the Massachusetts Oil & Hazardous Materials List, 310 CMR 40.900 Appendix I, as amended from time to time.
HAZARDOUS WASTE - Any material for which disposal is regulated in 310 CMR 30.00, the Massachusetts Hazardous Waste Regulations.
IMPERVIOUS SURFACE - Material covering the ground, including but not limited to macadam, concrete, asphalt, buildings, that does not permit water to penetrate the soil.
MAXIMUM GROUNDWATER ELEVATION - The seasonal high level of the groundwater table. This level shall be the same as the maximum groundwater elevation defined and determined in 310 CMR 15.00 (Title 5, Subsurface Disposal of Wastewater)
MINING OF LAND - The removal or relocation of top soil, sand, gravel, metallic ores or bedrock.
RADIOACTIVE MATERIALS - Any materials having an activity that exceeds the limits set forth in Appendix B, Table II of 10 CFR Part 20.
SMALL QUANTITY GENERATOR - A person or business that generates regulated recyclable chemical wastes or non-acutely hazardous wastes in quantities below those stipulated for Small Quantity Generator designation and that complies with all regulations in 310 CMR 30.351 (1) through (11).
SOLID WASTE - Municipal and commercial refuse, including refuse, construction debris, garbage, sludge, and recyclable materials but not including brush, vegetative compostable materials and tree stumps.
SPECIAL PERMIT GRANTING AUTHORITY 134 - For the purpose of this Section 17 of these Zoning Bylaws, unless otherwise noted, the Planning Board shall be the Special Permit Granting Authority.
VERY SMALL QUANTITY GENERATOR - A person or business that generates regulated recyclable chemical wastes or non-acutely hazardous wastes in quantities below those stipulated for Very Small Quantity Generator designation and that complies with all regulations in 310 CMR 30.353 (1) through (11).
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 such terms are or may be defined in M.G.L. Ch. 272 § 31, as amended from time to time.
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 such terms are or may be defined in M.G.L. Ch. 272 § 31, as amended from time to time.
ADULT PARAPHERNALIA STORE An establishment having as a substantial or significant portion of its stock, devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement, as defined in M.G.L. Ch. 272 § 31, as amended from time to time.
ADULT VIDEO STORE An establishment having a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing r relating to sexual conduct or sexual excitement as defined in M.G.L. Ch. 272 § 31, as amended from time to time.
OBSCENE ENTERTAINMENT - All Adult Entertainment Uses noted herein, including establishments which display live nudity for their patrons and all other activities defined as "obscene" in M.G.L. Ch. 272 § 31, as amended from time to time.
SPECIAL PERMIT GRANTING AUTHORITY The Maynard Board of Selectmen.
OTHER TERMS - All other terms used herein and defined in M.G.L. Ch. 272 § 31, as amended from time to time, shall have the same meaning in the context of this By-Law as in said chapter.
ANR PLAN A plan of land creating new lots, all of which have the required area and frontage specified in the Zoning By-laws, and for which approval under the Subdivision Control Law is not required (Approval Not Required).
APPLICANT An Owner, or his agent or representative, or his assigns.
BOARD The Planning Board of the Town of Maynard.
CERTIFIED BY Certified by (or endorsed by) the Planning Board, as applied to a plan or other instrument required or authorized by the subdivision control law to be recorded shall mean, bearing a certification or endorsement signed by a majority of the members of the Planning Board, or by its chairman or clerk or any other person authorized by it to certify or endorse its approval or other action and named in written statement to the register of deeds and recorder of the Land Court, signed by a majority of the Board.
DEAD-END STREET A street or street system which has only one means of ingress from or egress to an existing street.
DEFINITIVE PLAN The plan of a subdivision as duly submitted (with appropriate application) to the Board for approval under the Subdivision Control Law, to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board.
LOT An area of land, undivided by any street, in one ownership with definitive boundaries ascertainable from the most recently recorded deed or plan, which is:
1. A deed recorded in the Middlesex County South District Registry of Deeds, or
2. A certificate of title issued by the Land Court and registered in the Land Court section of such Registry, or
3. Title or record disclosed by any and all pertinent public documents.
MONUMENT A permanent marker to indicate a boundary.
MUNICIPAL SERVICE : Sewers, storm water drains, water mains, gas mains, electrical lines telephone lines, television cables, fire alarm system, similar systems and their respective appurtenances.
PERSON An individual, or two or more individuals, or a group or association of individuals, a partnership, trust or corporation having common or undivided interests in a tract of land.
PLANNING BOARD AGENT Town employee or consultant authorized by the Planning Board to review subdivisions and administer the regulations.
PRELIMINARY PLAN A Plan of a proposed subdivision or resubdivision of land prepared in accordance with Section III.A. to facilitate proper preparation of a definitive plan.
PRINCIPAL STREET A street with anticipated traffic equivalent to that generated by fifty (50) homes or more, or which is located in or abutting to business and industrial districts.
PRIVATE UTILITIES This term shall include telephones, cable television, electric light and power, and gas lines whether installed on, above or beneath the surface of the ground.
PROJECT WORKS OR SYSTEM This term, when used in reference to a particular utility, denotes a centralized utility system, designed to serve more than one lot within a subdivision, but which is not connected with any existing public system. The term is used in contradistinction to an individual works or facility designed to serve only the lot on which it is located.
PUBLIC UTILITIES This term shall include only sanitary sewers, surface water, drains, and water pipes and their appurtenances and fire alarm systems.
RECORDED Recorded in the Middlesex South District Registry of Deeds of Middlesex County, except that, as affecting registered land, it shall mean filed with the recorder of the Land Court.
REGISTRY OF DEEDS The South Middlesex District Registry of Deeds of Middlesex County; and, when appropriate, shall include Land Court.
ROADWAY The portion of a right-of-way which is designed and constructed for vehicular travel.
SECONDARY STREET A street that can be expected to handle less traffic than a principal street and is not located in or abutting to business and industrial districts.
STREET RIGHT-OF-WAY The full width of the right of way between the property lines.
SUBDIVISION The division of a tract of land into two or more lots as defined by MGL Chapter 41 Section 81L, as amended, which shall include resubdivision, and when appropriate to the context, shall relate to the process of subdivision of 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 with 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:
A. a public way or a way which the clerk of the Town of Maynard certifies is maintained and used as a public way, or
B. a way shown on a plan theretofore approved in accordance with the subdivision control law, or
C. a way in existence when the subdivision control law become effective in the Town of Maynard 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 a least such distance as is required by the Zoning By-Laws of the Town of Maynard for erection of a building on such a lot. Conveyances or other instruments adding to, taking away from, or changing the size and shape 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 of Maynard in which the land lies, into separate lots on each of which one of such buildings remains standing, shall not constitute subdivision.u
SUBDIVISION CONTROL The power of regulating the subdivision of land granted by the Subdivision Control Law, Chapter 41, Section 81-K through GG inclusive, of the General Laws of the Commonwealth of Massachusetts.
TOWN Town of Maynard
ALTER shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this bylaw:
(a) Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;
(b) Changing of preexisting drainage characteristics, flushing characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;
(c) Drainage, or lowering of water level or water table;
(d) Dumping, discharging, or filing with any material which may degrade water quality;
(e) Placing of fill, or removal of material, which would alter elevation
(f) Driving of piles, erection, or expansion of buildings or structures of any kind;
(g) Placing of obstructions or objects in water;
(h) Destruction of plant life including cutting of trees;
(i) Changing temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any waters;
(j) Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or groundwater;
(k) Incremental activities that have or may have a cumulative adverse impact on the resource areas protected by this bylaw.
BANK shall include 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 flood level, whichever is higher.
EXISTING as used in this bylaw shall mean existing as of May 1996.
INTERMITTENT STREAM : a stream shall be considered intermittent if it is observed not flowing for four days in a consecutive 12-month period and the absence of flow is not due to a period of extended drought, withdrawals, impoundments, or other man-made flow reductions or diversions.
ISOLATED LAND SUBJECT TO FLOODING shall include an area, depression, or basin that holds at minimum one-eighth acre-foot of water and at least six inches of standing water once a year. Not included are swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons. The buffer zone for isolated land subject to flooding shall be 25 feet.
PERSON shall include 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 shall include 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.
RARE SPECIES shall include, without limitation, all vertebrate and invertebrate animals 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.
200-FOOT RIVERFRONT AREA shall mean that area of land situated between a river or perennial stream's mean annual high-water line and a parallel line located two-hundred feet away, measured horizontally from the river's mean annual high-water line.
RIVET OR PERENNIAL STREAM shall mean a naturally flowing body of water that empties to any ocean, lake, or other river and which flows throughout the year. The Commission may by regulations set criteria for determining whether a particular stream or section of stream flows throughout the year.
STREAM shall mean any body of running water which moves in a definite channel in the ground due to a hydraulic gradient. A portion of a stream may flow through a culvert or beneath a bridge. Streams may be perennial (see river) or intermittent (see intermittent stream).
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 two continuous months 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 whether the site has been certified by the Massachusetts Division of Wildlife and Fisheries.