ACCESS DRIVEWAY : The travel lane that allows motor vehicles ingress from the street and egress from the site and includes the area between the edge of street pavement to the area within the LOT where the ACCESS DRIVEWAY is no longer within the minimum parking area setback required under the Parking Section of the Zoning Bylaw.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
ACCESSORY APARTMENT :
A second DWELLING UNIT located within a structure constructed as a detached one-family DWELLING, subordinate in size to the principal DWELLING UNIT and separated from it in a manner that maintains the appearance of the structure as a one-family unit; or
A second DWELLING UNIT located within a separate structure, such as a barn, garage or shed, that is clearly subordinate to the principal DWELLING UNIT.
ACCESSORY BUILDING : A detached BUILDING, which is located on the same LOT with the main BUILDING or USE and which is subordinate and customarily incidental to the USE of the main BUILDING or the land.
ACTIVE ADULT NEIGHBORHOOD (AAN) - A group of DWELLING UNITS for only adult residents of which at least one resident per DWELLING UNIT is 55 years of age or older. Such developments shall have this age restriction as part of the deed or other documents of record and running with the land for the dwellings and/or property and are permitted as an exception to the Fair Housing Act pursuant to 42 USC section 3607 B:2.c.
**Webmasters Note: The previous definition has been added as per Case No. 2191 from town meeting dated 6/6/02.
AFFORDABLE DWELLING UNIT - A DWELLING UNIT the value of which is determined by the Department of Housing and Community Development (DHCD) to be affordable by a low income or moderate income family and thus to be included in DHCD's Subsidized Housing Inventory of low income or moderate income housing DWELLING UNITS for the purposes of compliance with the provisions of Massachusetts General Laws Chapter 40B, §§ 20-23.
**Webmasters Note: The previous definition has been added as per Case No. 2191 from town meeting dated 6/6/02.
AQUIFER : A geologic formation, group of geologic formations, or part of a geologic formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.
AREA OF SIGN : The area of a sign shall include all lettering and accompanying designs and symbols, together with the background on which they are displayed.
The area of a sign consisting of individual letters or symbols shall be the area of the smallest rectangle or triangle which encompasses all the letters and symbols.
The area of a three-dimensional form sign shall be the area of the four vertical faces of a cube which encompasses the form.
ASSISTED LIVING RESIDENCE : Any entity, however organized, which meets all of the following criteria: Provides room and/or board in a residential living environment; provides services to residents who do not require 24-hour skilled nursing care, but need assistance with activities of daily living; and in any event collects payments for the provision of these services.
ASSISTED LIVING UNIT : One (1) or more rooms for cooking, living, sanitary and sleeping facilities arranged for the use of one (1) or more persons living together as a single housekeeping unit contained within an ASSISTED LIVING RESIDENCE.
BED AND BREAKFAST ESTABLISHMENT : A private owner-occupied DWELLING where at least four but not more than eight rooms are let and a breakfast is included in the rent.
BED AND BREAKFAST HOME : A private owner-occupied DWELLING where three or fewer rooms are let and a breakfast is included in the rent.
BUILDING : A structure having a roof or cover for the shelter, support, or enclosure of persons, animals, or property.
BUILDING INSPECTOR : The existing Inspector of Buildings under the State Building Code or other designated authority, or his duly authorized representative, appointed by the Selectman, and charged with the enforcement of this Bylaw.
BUILDING LOT : A BUILDING LOT is that area of land described in an application for a building permit or an application to the Board of Appeals for a permit or a variance, or otherwise defined as the area on which a structure is to be constructed or a use is to be carried on. A BUILDING LOT shall not include any part of a street. A corner LOT shall be any LOT abutting on two (2) or more streets at their intersection.
CHILD CARE FACILITY : A day care of school-age child care center or program as defined in Massachusetts General Laws, Chapter 40A.
DEVELOPABLE SITE AREA : The DEVELOPABLE SITE AREA shall be calculated by subtracting from the LOT area all land which is located in:
a wetland, which shall mean a "freshwater wetland" as defined in Chapter 131, Section 40 of the General Laws and the Stow Wetlands Protection Bylaw, Article 9 of the General Bylaws;
a Flood Plain/Wetlands District as defined in the Stow Zoning Bylaw;
another zoning district in which the principal use of the LOT is not also permitted;
an access or right of way easement;
and any portion of the site with grades greater than 15%.
DWELLING : Any BUILDING, or part thereof, used for habitation for one (1) or more persons, but not including commercial accommodations for transient occupancy or trailers or mobile homes, however mounted.
DWELLING UNIT : One (1) or more rooms for cooking, living, sanitary and sleeping facilities arranged for the use of one (1) or more persons living together as a single housekeeping unit, but not for more than five (5) persons unrelated by blood or marriage.
ERECTED : Attached, constructed, reconstructed, altered, enlarged or moved. ERECTED shall not mean repainted, cleaned, repaired or maintained. Altered includes changes in the structure or lettering or symbols of the sign, or replacement.
EXISTING CONDITIONS : As referred to in this Bylaw means conditions in existence on the date the first publication of notice of this Bylaw appears in accordance with Chapter 40A, Sections 5 and 6 of the Massachusetts General Laws.
FAMILY DAY CARE HOME : A FAMILY DAY CARE HOME as defined in the Massachusetts General Laws, Chapter 40A.
FENCE : A structure made of wood, wire, metal or other durable material ERECTED so as to serve as an enclosure or a barrier against unobstructed passage from one side to another.
FLOOR AREA : The interior FLOOR AREA exclusive of basements, stair wells, halls, bathrooms, corridors, attics, walls, partitions, porches and attached ACCESSORY BUILDINGs.
FLOOR AREA, GROSS : The sum of the horizontal areas of the several floors of a BUILDING measured from the exterior face of exterior walls, or from the centerline of a common wall, but not including any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET : The sum of the horizontal areas of the several floors of a BUILDING, measured from the interior face of the exterior walls or common wall, but not including stairwells, elevator wells, bathrooms, hallways and corridors, designated and approved building service areas and areas used for a CHILD CARE FACILITY as defined in this Bylaw, provided that such CHILD CARE FACILITY is accessory to a principal use located in the same BUILDING or on the same LOT.
FLOOR AREA RATIO : The ratio of the sum of the GROSS FLOOR AREA of all BUILDINGS on a LOT to the DEVELOPABLE SITE AREA of the LOT.
GARAGE, PRIVATE : Covered space for the housing of motor vehicles, but not for the rental of more than two (2) stalls for commercial repair or commercial storage.
GROUND WATER : All water beneath the surface of the ground.
HAZARDOUS MATERIAL : A substance which because of quantity, concentration or physical or chemical characteristics poses a hazard to human health, safety, welfare or the environment, when improperly treated, stored, transported, used or disposed, or otherwise managed; this includes but is not limited to any substance set forth or deemed a HAZARDOUS MATERIAL in Massachusetts General Laws Chapter 21C and 21E, 310 CMR 30.00 of the Code of Massachusetts Regulations or pursuant to any Bylaws or regulations of the Town of Stow.
HOTEL, INN, MOTEL, TOURIST HOME or LODGING HOUSE : A BUILDING, or portion thereof, or a group of BUILDINGs on a single LOT, intended to be used for the temporary occupancy of three (3) or more persons who are lodged, with or without meals, and in which major provision for cooking may be made in a central kitchen but may not be in the individual room or suites.
IMPERVIOUS SURFACE : A surface impenetrable by water.
INTERIOR DRIVEWAY : A travel lane located within the LOT which is not used to directly enter or leave parking spaces. An INTERIOR DRIVEWAY shall not include any part of the ACCESS DRIVEWAY.
LOADING SPACE, OFF-STREET : An off-street space or berth, on the same LOT with a BUILDING, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street, alley or other appropriate means of ingress or egress.
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 Middlesex 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 or otherwise established by determination of a court. A corner LOT shall be any LOT abutting on two (2) or more streets at their intersection.
MANEUVERING AISLE : A travel lane located within the perimeter of a parking area by which motor vehicles directly enter and leave parking spaces.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
MARINA : A public or commercial area with docking facilities for one (1) or more of the following: the launching, docking, storage, or servicing of pleasure boats; docks or related structures for the sale of fuel, boats, or marine accessories.
MEMBERSHIP CLUB : A private, non-profit organization, BUILDING or grounds, to include specifically country clubs and fraternities and other organizations to which membership is limited or controlled.
MINING OF LAND : The removal of geologic materials such as topsoil, sand and gravel, metallic ores and bedrock.
MULTI-FAMILY DWELLING : A BUILDING for residential USE, other than a DWELLING conversion, containing more than two DWELLING UNITS but not more than 4 DWELLING UNITs.
NON-CONFORMING USES, STRUCTURES and LOTS : A NON-CONFORMING USE, STRUCTURE or LOT shall be defined in Chapter 40A, Section 6 of the General Laws.
ON-SITE SIGN : A SIGN pertaining to products or activities located or offered at the same location as the SIGN.
OPEN SPACE : An area of natural or landscaped vegetated growth. This may include within said area recreation areas, playing fields, benches, trails, footpaths, bodies of water and certain other surfaces such as gravel, cobblestone, brick, pavers or other similar materials when used to construct impermeable walkways as may be approved by the Special Permit Authority or Site Plan Approval Authority.
PARKING STALL LENGTH : The longitudinal dimension of the stall measured parallel to the angle of parking.
PARKING STALL WIDTH : The linear dimension measured across the stall and parallel to the MANEUVERING AISLE.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
PERMANENT SIGN : Any sign other than a temporary sign.
PROCESS WASTES : Nondomestic, nontoxic, nonhazardous, 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 material.
QUALIFIED AFFORDABLE HOUSING PURCHASER - An individual or family with household incomes that do not exceed 80% of the median income (this shall be referred to as "moderate income") or 50% of the median income (this shall be referred to as "low income"), with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).
**Webmasters Note: The previous definition has been added as per Case No. 2191 from town meeting dated 6/6/02.
RECHARGE AREA : An area in which water is absorbed that eventually reaches the zone of saturation in one or more AQUIFERs.
REFUSE : All solid or liquid waste materials, including garbage and rubbish, but not including sewage.
ROOMING or BOARDING HOUSE : A BUILDING or premises, other than a HOTEL, INN, MOTEL, tourist court, or LODGING HOUSE, where rooms are let and where meals may be regularly served by prearrangement for compensation; not open to transient guests; in contrast to HOTELs, restaurants, and TOURIST HOMEs, open to transients.
SANITARY WASTES : Waste waters arising from ordinary domestic water use from toilets, sinks and bathing facilities and containing normal wastes. For purposes of this Bylaw, all references to disposable volume(s) of sanitary wastes refer to design standards as outlined in Title V of the State Environmental Code (310 CMR 15.00).
SIGN : Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is made known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right-of-way and used to attract attention.
SLOPE : For the purposes of the erosion control provision, slope shall be measured using the two-foot contours on the topographic map supplied with the site plans. The slope percentage will be the change in elevation divided by the shortest distance between two contour lines. Upon written permission of the permit granting authority, slope percentages may be averaged across specified horizontal distances.
SOLID WASTES : Any discarded solid material, putrescible or non-putrescible, consisting of all combustible and noncombustible solid material including, but not limited to, garbage and rubbish.
STREET : A street shall be (1) an approved public way laid out by the Town of Stow, or Middlesex County Commissioners, or the Commonwealth of Massachusetts; or (2) A way which the Stow Town Clerk certifies is maintained by public authority and used as a public way; or (3) a public or private way shown on a plan theretofore approved and endorsed in accordance with the Subdivision control Law; or (4) a way in existence as of June 15, 1956 having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to accommodate the vehicle traffic anticipated by reason of the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon. A public or private way shall not be deemed to be a STREET as to any lot of land that does not have rights of access and passage over said way.
STREET LINE : The dividing line between a street and a LOT and, in the case of a public way, the street line established by the public authority laying out the way upon which the LOT abuts.
STRUCTURE : Any construction, erection, assemblage or other combination of materials upon the land, necessitating pilings, footings or a foundation for attachment to the land, swimming pools which require a permit under the Building Code and parking lots, driveways, road and septic systems.
TEMPORARY SIGN : Any SIGN which is displayed for a continuous period of not more than twenty-one (21) days and not replaced by a SIGN of a similar intent within sixty (60) days.
TRACT OF LAND : An area consisting of a single LOT or parcel of land, or several contiguous lots or parcels of land.
TRAILER or MOBILE HOME : TRAILER or MOBILE HOME shall mean any vehicle or object 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 habitation, whether resting on wheels, jacks, or other foundations. It shall include the type of vehicle commonly known as MOBILE HOME, containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters.
USE, ACCESSORY : Any USE which is incidental and subordinate to a PRINCIPAL USE.
USE, PRINCIPAL : The main or primary USE of any land or LOT.
WALL : A STRUCTURE of stone, masonry, wood or other durable material constructed so as to retain soils or to serve as an enclosure or barrier against unobstructed passage from one side to another.
YARD : An OPEN SPACE, other than an enclosed court, on the same LOT with a BUILDING or group of BUILDINGs, which OPEN SPACE lies between the BUILDING or group of BUILDINGs and a LOT line, and is not occupied or obstructed from the ground upward by a BUILDING or a STRUCTURE.
YARD, FRONT : A YARD extending across the full width of the LOT and lying between the STREET LINE of the LOT and the nearest line of the BUILDING. The depth of a front yard shall be the minimum distance between the BUILDING and front LOT line.
YARD, REAR : A YARD extending across the full width of the LOT and lying between the BUILDING and the REAR LOT line.
YARD, SIDE : A YARD between the side LOT line of the LOT and the nearest line of the BUILDING, and extending from the FRONT YARD to the REAR YARD, or, in the absence of either such YARDS, to the front or rear LOT lines, as may be. The width of a SIDE YARD shall be the minimum distance between the BUILDING and the side LOT line.
ZONE OF SATURATION : The subsurface zone occurring below the water table where the soil pores are filled with water and the moisture content equals the porosity.
ABUTTER : Shall mean abutters and property owners of land directly opposite on any public or private street or way and abutters to the abutters within 300' of the property line, all as they appear on the most recent applicable tax record.
ACCESS STREET : Provides frontage for access to residential lots and carries traffic having destination or origin on the street itself.
APPLICANT : Any person or such person's authorized representative who files an application under these rules.
APPLICATION : The application form and all accompanying documents required by the Bylaw and these rules
ARTERIAL STREET : An interregional road that conveys traffic between centers and carries a traffic volume in excess of 3,000 ADT.
AVERAGE DAILY TRAFFIC : The average number of cars per day that pass over a given point.
BOARD : The Planning Board of the Town of Stow.
BYLAW : The Town of Stow Zoning Bylaw.
COLLECTOR STREET : Conducts and distributes traffic between lower-order residential streets and higher volume streets and carries no more than 3,000 ADT.
CUL-DE-SAC STREET : A street with only one outlet and having the other end for the reversal of traffic movement.
DEAD END STREET : A street or combination of streets open at one end only without special provision for reversal of traffic movement.
DRIVEWAY : A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building, structure or facility.
EASEMENT : A right granted for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
EMERGENCY ACCESS WAY : A public or private way for secondary emergency access that is not generally available for vehicular travel, with a minimum twenty (20) foot right-of-way, a minimum ten (10) foot wide paved surface, three (3) foot shoulders, and posts or gates installed at all entrances. Emergency Access Ways do not provide frontage.
FRONTAGE : That contiguous portion of a lot or parcel extending along a street line(s).
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 Middlesex County So. District Registry of Deeds, or (2) a Certificate of Title issued by the Land Court and registered in the Land Court of such registry, or (3) title of record disclosed by any and all pertinent public records.
MARGINAL ACCESS : A service street that runs parallel to a collector street or arterial Street which provides access to abutting properties and separation from through traffic.
MUNICIPAL SERVICES : Sewers, storm water drains, water pipes, gas pipes, electric lines, telephone lines, television cables, fire alarm system, street lights, similar service installations and their respective appurtenances.
RESTRICTIVE COVENANT : A contract between the subdivide and the Board or other public authority concerning the use of the land, either inscribed on the definitive plan, or contained in a separate document referred to on the definitive plan.
ROADWAY : That portion of a way which is designed and prepared for vehicular travel.
RULES : The Stow Subdivision Rules and Regulations set forth herein, as amended
RURAL LANE : A street in a very low density area serving no more than four (4) lots.
SINGLE ACCESS STREET : A cul-de-sac street; a dead-end street; or other street having only one terminus onto a through street and providing access to other cul-de-sac streets, dead-end streets, or streets forming a closed loop or circle.
STANDARD SPECIFICATIONS : The Standard Specifications for Highways & Bridges published by the Massachusetts Department of Public Works, as amended.
STREET OR ROAD : A general term denoting a public or private way for purposes of providing frontage, and public vehicular and pedestrian travel, including the entire area within the right of way.
STREET LOOP : A street that has its only ingress and egress at two points on the same subcollector street or collector street.
SUBCOLLECTOR STREET : Provides frontage for access to lots and carries traffic of adjoining streets. Not intended to interconnect adjoining neighborhoods or subdivisions and should Will not carry regional through traffic or ADT greater than 500.
SUBDIVISION : "Subdivision" shall mean the division of a tract of land into two (2) or more lots including re-subdivision and, when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided; provided, however, that the division of a tract of land into two (2) 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:
- A public street accepted by the Town of Stow, the Commonwealth of Massachusetts, or Middlesex County under MGL Chapter 82, or a street which the Town Clerk certifies is maintained and used as a public street, or
- A street shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or
- A street in existence when the Subdivision Control Law became effective in the Town of Stow, having, in the opinion of the Board, sufficient width, suitable grade, 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 thereon. Such frontage shall be of at least such distance as is required by the Town of Stow Zoning Bylaw.
"Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two (2) 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."
SUBDIVISION CONTROL LAW : Section 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws and any acts and amendment thereof, or addition thereto or in substitution therefor.
THROUGH STREET : A street having, by itself or by means of other streets, a connection at both ends to the overall road system of the Town or of neighboring towns, so that each location on such street can be accessed through at least two (2) streets or combination of streets
TOWN : Town of Stow, unless otherwise specified.