Glossary forMillis, Norfolk County, MA

ABANDONMENT : The visible or otherwise apparent intention of an owner to discontinue permanently a nonconforming use of a structure or premises, or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure by a conforming use or structure.

ACCESSORY CHILD CARE FACILITY : a child care facility that does not serve as the principal use of the lot on which it is situated

**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 11/2/09.

ACCESSORY FAMILY UNIT : A dwelling within a single family structure for use by a person or persons related by blood or marriage to the person or persons who are both the legal owners of record and living on the premises of the single family structure, or act in any manner relating thereto.

ADVISORS : The Board of Selectmen, Department of Public Works, Board of Health, Conservation Commission or such others as the Planning Board shall consider to have special concerns in individual multi-family development proposals.

ADULT BOOKSTORE AND ADULT MOTION PICTURE THEATER : As defined in Section 9A of Chapter 40A of the Massachusetts General Laws.

AGRICULTURE : farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or fainting as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 11/2/09.

ALTERATION : Any construction, reconstruction or other action resulting in a change in the structural parts or height, number of stories, size, use, or location of a structure.

APPEAL : A request for a review of the Board of Appeals' interpretation of any provision of this By-Law or a request for a variance or a special permit.

APPLICANT : The person submitting any application under the provisions of this By-Law including a firm, association, organization, partnership, trust, company or corporation, as well as an individual. A representative may act for an owner, provided written evidence of such fact is submitted. Evidence in the form of a list of their officers and designated authority to sign legal documents shall be required for a corporation.

ARCHITECT : A person who is permanently registered by the State of Massachusetts, or out-of-state registrant, who is legally permitted, on a temporary basis, by the State of Massachusetts, to practice professional architecture services in the Commonwealth of Massachusetts.

AREA OF SPECIAL FLOOD HAZARD : The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

AUTOMATIC CARWASH : Any facility, its structures, accessory uses, paved areas or grounds used wholly or in part to wash and clean the exterior of passenger automobiles, vans, pick-up and panel trucks using conveyors to move the vehicle or equipment that moves over or around the vehicle or other automated equipment intended to mechanically wash such vehicles.

BASE FLOOD : The flood having a one percent chance of being equaled or exceeded in any given year.

BUFFER : An open space, landscaped strip, earth mounds or natural woodlands utilized to separate uses or to separate a Planned Development or Residential Cluster Development site from all boundary uses.

BUILDING : A combination of any materials, whether portable or fixed, having a roof or similar covering, to form a structure for the shelter of persons, animals or property.

BUILDING, ACCESSORY : A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

BUILDING AREA : The aggregate of the maximum horizontal plane area of all buildings on a lot measured to their outer walls, but exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies, and terraces.

BUILDING, ATTACHED : A building having any portion of one or more walls in common with adjoining buildings.

BUILDING, COVERAGE : The building area expressed as a percentage of the total lot area.

BUILDING, DETACHED : A building having open space on all sides.

BUILDING, PRINCIPAL : A building in which is conducted the principal use of the lot on which it is located.

BUILDING, SEMI-DETACHED : A building connected on one side to a building by a common or party wall with a separate exterior entrance for each dwelling unit.

CARRIER : A company that provides personal wireless communication services. (Added ATM 5/12/98, approved 10/6/98)

CERTIFICATE OF USE AND OCCUPANCY : A written form signed by the Inspector of Buildings certifying that the stated and described use, structure and/or lot conforms with his By-Law or, in the case of an appeal, with the written instructions of the Board of Appeals.

CHILD CARE FACILITY : a duly licensed facility operated on a regular basis whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage under 7 years of age, or under 16 years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Child care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of that 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 in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation

**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held 11/2/09.

CO-LOCATION : The use of a single mount on the ground by more than one carrier. (Added ATM 5/12/98, approved 10/6/98)

COMMON LAND : All land within the multi-family development tract or tracts which is not covered by principal structures or which is not set aside as private yards, patios, or gardens for residence. Common land includes all Common Open Space and any developed areas such as drives, ways, parking lots, recreation facilities or similar areas which are open to common us by all residents of the Multi-Family Development.

COMMON OPEN SPACE : A restricted parcel or parcels of land or an area of water, or a combination of land and water within a site, designed and intended for the common use and enjoyment of the residents of a Multi-Family Development, Planned Development or Residential Cluster Development, exclusive of rear, side and front yards, and owned or controlled as provided under Section XIII.B.3.p hereunder.

COMMUNITY FACILITIES : Land and buildings owned, maintained and operated by a governmental or other chartered nonprofit organization, such as a school, hospital, or church, but not including a membership club or public utility.

CONCEPTUAL PLAN : A generalized map that is prepared by a developer to let the developer save time and expense in reaching agreement with the Planning Board as to the form of the site plan and the purposes of Special Permit provisions of the Zoning By-Law. The purpose of the conceptual plan is simply to serve as a basis for discussion without either side making commitments.

COVERAGE RATIO : The average maximum proportion of impervious (building paving) ground coverage permitted per acre of land in a Planned Development or Residential Cluster Development.

DEVELOPER : The person, persons, corporation, trust firm or partnership or other legal entity who shall be responsible for the development of land and/or structure(s) or is charged with the execution of a Planned Development or Residential Cluster Development under this By-Law.

DEVELOPMENT : Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

DEVELOPMENT SCHEDULE : A schedule of the rate of construction of housing, business and industrial units and improvements.

DRIVEWAY : A way for passage of vehicles, located on a lot. Such way may be paved or unpaved, and shall not be more than twenty-four feet in width, and shall have as its principal purpose vehicle access to a garage or off-street parking area.

DWELLING : A privately-or-publicly-owned permanent structure for residential occupancy. The terms "one-family, two-family, multi-family, condominium or cooperative dwelling" shall not include motel, guest house, hospital, membership club, trailer or dormitory.

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

DWELLING, MULTI-FAMILY - MULTI DWELLING UNIT : A detached building or buildings, occupied by three or more families and including apartment house, garden apartment house, town house, multi-row house, condominium or cooperative.

DWELLING, ONE-FAMILY : A detached building occupied by one family only.

DWELLING, TWO-FAMILY : A detached building occupied by not more than two families whether they live side-by-side, over each other, or in any other combination.

ENGINEER : A person who is permanently registered by the State of Massachusetts or out-of-state registrant who is legally permitted, on a temporary basis, by the State of Massachusetts, to practice professional civil engineering services in the Commonwealth of Massachusetts.

ESSENTIAL SERVICES : Services and appurtenant equipment and installations provided by public utility or governmental agencies through underground or overhead gas, electrical, telephone, sewerage, drainage, refuse, water, traffic, fire and police systems. Specifically excluded from this definition are building or overhead transmission towers.

FALL ZONE : A safety setback designed to protect adjacent areas from falling ice, debris or other objects. (Added ATM 5/12/98, approved 10/6/98)

FAMILY : An individual or two or more persons related by blood or marriage living together as a single housekeeping unit and including necessary domestic help such as nurses or servants. A group of individuals not related by blood or marriage, but living together as a single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of five individuals shall constitute a single family.

FINDINGS : A written report of a decision reached by the Special Permit Granting Authority as required by this By-Law.

FLOOD : A general and temporary condition or partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) : The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY : The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.

FLOODPROOF : Watertight with walls substantially impermeable to passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

FLOODWAY : The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA, NET : The sum of the areas of the several floors of a building, measured from the exterior faces of the walls but not including cellars, enclosed or unenclosed porches, attics not used for human occupancy, or any floor space in accessory buildings or in the principal building designed for the parking or motor vehicles in order to meet the parking requirements of this By-Law.

HEIGHT : The vertical distance from the average of all sides of the adjacent ground measured at the foundation to the top of the structure of highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof.

HOME OCCUPATION : An accessary use which customarily is carried on entirely within a dwelling unit, in incidental and subordinate thereto, and is carried on by the occupants of the building and not in any manner changing the residential character of the building.

HOMEOWNER'S OR RESIDENT'S ASSOCIATION : A legal organization approved by this By-Law composed of all resident owners in a Multi-family Development, Planned Development or Residential Cluster Development responsible for owning or maintaining common property, providing for compulsory membership for such residents, equitable voting rights and effective participation opportunities.

HOSPITAL : A building providing medical service, including 24-hour in-patient services used for the diagnosis, treatment, or other care of human ailments and may include a sanitarium, sanitarium, rest home, nursing home, or convalescent home. Not to be interpreted to include a doctor's office (see "Medical Clinic").

HOTEL : A building or any part of a building containing rooming units with or without individual cooking facilities for transient occupancy and having a common entrance or separate entrances including an inn, motel, motor inn, and tourist court, but not including an apartment house, boarding house, lodging house, or rooming house.

JUICE BAR : A place of business for the retail or wholesale sale of beverages derived wholly or in part from cereals or substitutes thereof and containing less than one half of one percent of alcohol; unfermented grape juice, ginger ale, root beer, sarsaparilla, tonic, pop, artificial mineral waters, carbonated waters or beverages, all other so-called soft drinks, fruit juices or frozen concentrates thereof and non-intoxicating beverages of any kind, whether pursuant to an admission charge or not, and whether designated a public gathering place, a private club or otherwise, and whether entertainment of any kind is provided or not, into which patrons are either allowed or encouraged to bring their own liquor, beer, wine or other spirituous beverages.

l The term "Juice Bar" shall not include those premises licensed as common victualers pursuant to G.L. Chapter 140, sections 1 through 21, inclusive, those premises licensed for the sale of certain non-intoxicating beverages pursuant to G.L. Chapter 140, sections 21A through 21D, inclusive, or premises licensed for the dispensing of alcoholic beverages pursuant to G.L. Chapter 138.

LAND AREA : The Horizontal area of the lot exclusive of any area in a public or private way open to public use.

LAND IMPROVEMENT : An improvement involving the allocation of certain lands and/or buildings for utilization by the public.

LANDOWNER : The record owner of the fee simple title to a parcel, tract of lot of land.

LANDSCAPE ARCHITECT : A person who is permanently registered by the State of Massachusetts, or out-of-state registrant who is legally permitted, on a temporary basis, by the State of Massachusetts, to practice professional landscape architecture services in the Commonwealth of Massachusetts.

LOADING SPACE : An off-street space at least 14 ft. in width, 50 ft. in length, and with a vertical clearance of at least 14 ft., having an area of not less than 1,300 sq. ft., including access and maneuvering space.

LOT : A parcel of and with boundaries identical with those recorded in the Norfolk Registry of Deeds and having frontage on a public street and may consist of:

a. A single lot of record.

b. A combination of complete lots of record.

c. A parcel of land described by metes and bounds; provided that in case by division or combination shall any residual lot or parcel be created which does not meet the requirements of this By-Law.

LOT, CORNER : A lot at the point of intersection of and abutting on two or more intersecting streets, the angle of intersection of the street lot line, or in case of a curbed street extended tangent lines, being not more than 135 degrees.

LOT DEPTH : The shortest horizontal distance between the front lot line and the rear lot line.

LOT FRONTAGE : The distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line(s) (measured so as every point along the line is at the same elevation).

LOT LINE, FRONT : The property line dividing a lot from a street. ON a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line, except in those cases where a private deed restriction specified another line as the front lot line.

LOT LINE, REAR : The lot line opposite from the front line. For the purposes of measuring lot depth in the case of a triangular lot, the rear lot line shall be a line measured from the midpoint of the longest side lot line, and parallel to the front lot line.

LOT LINE, SIDE : Any lot line not a front or rear lot line.

LOT, NONCONFORMING : A lot lawfully existing at the effective date of this By-Law or any subsequent amendment thereto, which is not in accordance with all provisions of this By-Law.

LOT, THROUGH : An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets.

LOT, WIDTH : The shortest horizontal distance between the side lot lines as measured at the required front yard setback. Lot width shall measure a minimum of 80 percent of the required lot frontage.

LOW AND MODERATE INCOME HOUSING : A residential structure of structures constructed and financed for the purpose of providing ownership or rental living space for persons who qualify under Town of Millis Housing Authority and State of Massachusetts eligibility requirements as low and moderate income households.

LOWEST FLOOR : The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

MANUFACTURED HOME : A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION : A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent, lease, or sale.

MEAN SEA LEVEL (MSL) : The mean marine surface water level observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch), expressed in feet, and referenced to National Geodetic Vertical Datum of 1929 (NGVD). For purposes of the National Flood Insurance Program, "mean sea level" means the NGVD to which base flood elevations shown on the Town of Millis, Massachusetts, Flood Insurance Rate Map are referenced.

MEDICAL CLINIC : Building providing out-patient services used for the diagnosis, treatment, or other care of human ailments.

MEMBERSHIP CLUB : A building used to house a nonprofit social, veterans, sports, or fraternal organization not connected or associated with any business, which is used by members and their guests, and usually contains bar facilities.

MIXED USE DEVELOPMENT : Development including multiple uses, including both business and residential uses (see XIII.P.).

**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held on 5/10/04.

MONOPOLE : A self-supported tower designed as a single pole with a single point of ground contact. (Added ATM 5/12/98, approved 10/6/98)

MULTI-FAMILY DEVELOPMENT : The construction of one or more buildings or other structures, each of which is divided into three or more residential dwelling units, and which may be located upon one or more lots.

MUNICIPAL SERVICES : Public utilities furnished by the Town in which a development is located, such as water, sewerage, gas and electricity.

NEW CONSTRUCTION : Structures for which the "start of construction" commenced on or after the effective date of this ordinance.

NON RESIDENTIAL USES : Uses other than residential intended to be utilized in conformance with an approved Planned Development Application.

OPEN SPACE : Land area which is not covered by buildings or impervious material.

OPEN SPACE RATIO, COMMON : The minimum number of square feet of open space required per dwelling unit in a Residential Cluster Development.

OWNER : The duly authorized agent, attorney, purchaser, devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure, or lot in question.

PARKING SPACE : An off-street space at least 9 ft. in width and 21 ft. in length, having an area of not less than 189 sq. ft., plus access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle.

PERMIT GRANTING AUTHORITY : Shall mean the Board of Appeals of the Town of Millis, Massachusetts.

PERSONAL WIRELESS COMMUNICATIONS FACILITIES : All structures and equipment installed for the purpose of providing personal wireless communications services including towers or other support structures, ground based equipment and equipment shelters and antennas. (Added ATM 5/12/98, approved 10/6/98)

PLAN : A graphic description with information required by various sections of this By-Law.

PLANNED DEVELOPMENT : A development involving the construction of two or more principal buildings on the same lot for any permitted use.

PRELIMINARY QUALIFICATIONS : The determination of the suitability of a site, and conditions for the submission of a Development.

PROJECTIONS : Cornices, eaves, gutters, outside chimneys, steps, stoops, bay windows, terraces and bulkheads.

PUBLIC DONATION : A technique of preserving common open space by its donation either by a perpetual conservation or presentation restriction or in fee to the Town for conservation purposes or to a public agency or private charitable organization whose purposes include the acquisition and holding of land for open space purposes.

REPORT : A written description with information required by various sections of this By-Law.

REGISTER OF DEEDS : The Register of Deeds of Norfolk County and, when appropriate, shall include the Recorder of the Land Court.

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.

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, then neighboring properties and the occupants of the site.

SELF-SERVICE CARWASH : Any facility with two (2) or more bays, its structures, accessory uses, paved areas or grounds used wholly or partly to wash, clean and dry the exterior of passenger automobiles, vans, pick-up and panel trucks using hand held equipment.

SETBACK : An area of specified dimensions extending from the property line to the building line, which may be utilized for paving, landscaping and utilities.

SIGN : Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by any means including intermittent or repeated motion or illumination.

SIGN, BUSINESS : A sign used to direct attention to a service, product sold, or other activity performed on the same premises upon which the sign is located.

SIGN, GENERAL ADVERTISING : Any sign advertising products or services other than products or services available on the lot on which the sign is located, or any sign which is not located within 200 feet of the building or other structure at which the products or services advertised thereon are available.

SIGN, IDENTIFICATION : A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises upon which the sign is located.

SIGN, WALL : A sign affixed to the exterior wall of the building and extending not more than 15 inches therefrom.

SITE : A land area submitted for Planned Development or Residential Cluster Development.

SITE PLAN : A site plan shall mean a plan/proposal Multi-Family or Multi-Unit Development drawn in accordance with Section XIII.B.5 of this Zoning By-Law and all Applicable Rules and Regulations of the Planning Board.

SLUDGES : Any mixture of solid and liquid waste materials resulting from any industrial or sewage disposal or chemical or water treatment processes. Such materials that have been "dewatered" to remove most or all liquid materials shall also be defined as sludge.

SPECIAL PERMIT GRANTING AUTHORITY : Shall include the Board of Selectmen, Board of Appeals or Planning Board as designated in Section V - Use Regulations, Table 1. The Special Permit Granting Authority under Section X, Watershed Protection District and Section XI, Flood Plain District shall be the Board of Appeals.

START OF CONSTRUCTION : Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walk-ways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STORY : That part of a building comprised between a floor and the floor or roof next above. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be classified as a story when its ceiling is six or more feet above the average finished grade.

STORY, HALF : A story under a gable, hipped, or gambrel roof, the floor area of which does not exceed two-thirds of the floor immediately below when measured where the vertical distance between the floor and ceiling is four feet or more.

STREET : A way which is over 20 ft. in right-of-way width, which is dedicated or devoted to public use by any lawful procedure, and is publicly maintained as a public way for the operation of vehicular traffic. A street includes all public ways, a way which the town clerk certifies is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the "Subdivision Rules and Regulations" of Millis, Massachusetts or a way 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 uses 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.

STRUCTURE : A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, pool, reviewing stand, platform, bin, sign, or the like.

STRUCTURE, NONCONFORMING : A structure lawfully existing at the effective date of this By-Law, or any subsequent amendment thereto, which does not confirm to one or more provisions of this By-Law.

SUBSTANTIAL IMPROVEMENT : Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(1) before the improvement or repair is started, or

(2) if the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(1) any project for improvement of a structure to comply with existing State of local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

(2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SURVEYOR : A person who is permanently registered by the State of Massachusetts or out-of-state registrant who is legally permitted to practice land surveying in the Commonwealth of Massachusetts.

TOWNHOUSE : A row of at least three (3) and not more than eight (8) one family attached dwelling units, each separated from other dwelling units by a fire wall or walls and each with direct access to the outside.

TRAILER : Any vehicle which was originally or is still immediately portable or mobile, and is arranged, intended, designed, or used for sleeping, eating, or business, or is a place in which persons may congregate including a mobile home, house trailer, or camper. Such vehicle which is not longer immediately portable by virtue of having its wheels removed or skirts attached, still shall be considered a trailer for the purposes of this By-Law.

USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use not the principal use which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or not on which it is located.

USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-law or any subsequent amendment thereto which does not conform to one or more provisions of this By-Law.

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 By-Law.

USE, SUBSTANTIALLY DIFFERENT : A use not indicated as a use of right under the same item in the Table 1. Use Regulations, as the use first considered or being compared to.

USE INTENSITY : The maximum number of housing, business and industrial units per acre overall of that portion of a site allocated for that purpose.

USE RESTRICTION : A qualification placed upon any or all parts of a site which shall define the uses permitted on the land.

VARIANCE : A grant of relief from the requirements of this By-Law which permits construction in a manner that would otherwise be prohibited by this By-Law.

WET AREA : An area of standing water or one which is subject to flooding at least once every five years.

WETLANDS : Wetlands shall be as defined by Massachusetts General Laws, Chapter 131, Sections 40 and 40A.

YARD : A portion of a lot, other than the principal building, unobstructed artificially from the ground to the sky, except as otherwise provided herein.

YARD. FRONT : The yard extending for the full width of the lot between the front line of the nearest wall of the principal building and the front lot line.

YARD, REAR : The yard extending for the full width of the lot between the nearest wall of the principal building and the rear lot line.

YARD, SIDE : The yard extending for the full length of a principal building between the nearest building wall and side lot line.

ACCESSORY SIGN : Any device that advertises, calls attention to, or indicates the person occupying the building or lot on which the sign is erected, the merchandise for sale, the activity conducted thereon, or advertises the building or lot itself or any part thereof as for sale or to let.

NON-ACCESSORY SIGN : Any sign not an accessory sign.

SIGN : Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, advertisement, announcement or direction or is designed to attract the eye by any means, including intermittent or repeated motion or illumination, which is on a public way or on private property within public view from a public way. Public way shall include a private way that is open to public use. Sign, Business: An accessory sign used to direct attention to a service, product sold, or other activity performed within the same building or lot.

SIGN, GENERAL ADVERTISING : A non-accessory sign advertising products or services other than products or services available within the building or lot, or any sign which is not located within two hundred feet of the building or accessory building at which the products or services advertised thereon are available.

SIGN, IDENTIFICATION : An accessory sign used simply to identify the name, address, and title of an individual, family or firm occupying the building or lot.

SIGN, WALL : An accessory sign affixed to the exterior wall of a building and extending not more than fifteen inches therefrom.

SIGN, STANDING : An accessory sign which is affixed to the land with vertical supports.

WP DISTRICT is defined as all wetlands and all other land area along the streams and brooks for a horizontal distance of at least 25 feet on each side of the centerline thereof and adjacent low, marshy areas, as shown on the Zoning Map and any additional wetlands or lands within any area of the special flood hazard.

The "WP" District shall include all land that lies within a horizontal distance of 25 feet from the normal high water line of the major water bodies as shown on the Zoning Map.

WETLANDS as used in this section, shall mean wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent plan communities in inland waters: all consistent with the meanings established by Chapter 131 of the Massachusetts General Laws.

AREA OF SPECIAL FLOOD HAZARD as used in this section, shall mean the land in the flood plain subject to a one percent or greater change of flooding in any given year.

ADULT ENTERTAINMENT USES : shall include the following uses:

(1) Adult Bookstores, as defined by G.L. Chapter 40A, Section 9A;

(2) Adult Motion Picture Theaters, as defined by G.L., Chapter 40A, Section 9A;

(3) Adult Paraphernalia Store, as defined by G.L., Chapter 40A, Section 9A;

(4) Adult Video Store, as defined by G.L., Chapter 40A, Section 9A:

(5) Establishment Which Displays Live Nudity For Its Patrons, as defined by G.L., Chapter 40A, Section 9A.

ARTIST STUDIO/RESIDENCE : A place of work and residence of one or more persons who are engaged actively, either professionally or as an avocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited to dance, choreography, photography or filmmaking or the composition of music. This definition does not include any Adult Entertainment Uses as defined in the current Millis zoning by-law (section XIII-M).

BUILDABLE LOT AREA : The area of a lot that is not included within any wetlands, river, pond, streams, or certified vernal pool, or other resource area as defined by Massachusetts General Laws, chapter 131, Sections 40 and 40A.

MIXED USE DEVELOPMENT : A combination of residential and non-residential uses, as permitted within the East Overlay District, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot.

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 drawn down 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.

GLACIOLUVIAL - 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 on 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 OR RECHARGED ON SITE - A system for groundwater recharge which does not degrade groundwater quality. For non-residential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non residential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

RECHARGE AREAS - Areas composed of permeable, porous materials that collect precipitation or surface water and transmit it to aquifers. May include recharge areas designated as Zone I, Zone A, Zone B (same as DEP designated Zone II) and Zone C.

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 waste.

SATURATED THICKNESS - The depth of permeable soil actually saturated with water to the capacity of the soil to contain 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, pesticides, herbicides, solvents, thinners, oil and hazardous materials as defined by Massachusetts General Law 21E, including Priority Toxic Pollutants established by the United States Environmental Protection Agency.

SUB-BASIN - Land area drained by a river, brook, or intermittent stream as determined by the Mass. D.E.Q.E. Division of Water Supply (Water Supply Protection Atlas Handbook, 1982 Edition).

CUTTING OR REMOVAL OF TREES : "Cutting or removal of trees" shall mean the removal of one or more trees, trimming of major branches or cutting of roots.

REPAIR. MAINTENANCE. RECONSTRUCTION. OR PAVING WORK : "Repair, maintenance, reconstruction, or paving work" shall mean any work done within the right-of-way by any person or agency, public or private. Within this definition is any work on any portion of the right-of-way which was not physically commenced at the time the road was designated as a scenic road. Construction of new driveways or alteration of existing ones is also included, in so far as it takes place within the right-of-way.

ROAD : "Road" shall mean a right-of-way of any way used and maintained as a public way including the vehicular traveled way plus necessary appurtenances within the right-of-way such as bridge structures, drainage systems, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways. When the boundary of the right-of-way is in issue so that a dispute arises as to whether or not certain trees or stone walls or portions thereof are within or without the way, the trees or stone walls shall be presumed to be within the way until the contrary is shown.

TEARING DOWN OR DESTRUCTION OF STONE WALLS : "Tearing down or destruction of stone walls" shall mean the destruction of more than one cubic foot of wall material per linear foot above existing grade, but shall not be construed to include temporary removal and replacement at the same location with the same materials.

TREES : shall include a tree whose trunk has a diameter of four inches or more as measured one foot above the ground.

AGENT : Inspector appointed or approved by the Planning Board acting as the agent of the Planning Board.

APPLICANT : Either the owner of the land stated in the application for subdivision or all the owners where title is held jointly, in common, or in tenancy by the entirety, including corporations. An agent, representative, or his assigns may act for an owner, provided written evidence of such fact is submitted. Evidence in the form of a list of their officers and designated authority to sign legal documents shall be required for a corporation.

BOARD : The Planning Board of the Town of Millis.

CERTIFIED BY (OR ENDORSED BY) A 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 a 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 a written statement to the Register of Deeds and Recorder of the Land Court, signed by a majority of the Board.

DEFINITIVE PLAN : A definitive plan shall mean a plan of a proposed subdivision or re-subdivision of land drawn in accordance with Section 4.3 of these rules and regulations.

LOT : An area of land in one ownership with definite boundaries, used, or available for use, as the site of one or more buildings. Lot area, frontage, depth and width definitions and regulations shall be as defined by the Zoning Bylaw of Millis, Massachusetts.

MUNICIPAL SERVICE : Public utilities furnished by the town in which a subdivision is located, such as water, sewerage, gas, and electricity.

PRELIMINARY PLAN : A preliminary plan shall mean a plan of a proposed subdivision or re-subdivision of land drawn in accordance with Section 4.2 of these rules and regulations.

RECORDED : Recorded in the Registry of Deeds of Norfolk County except that, as affecting registered land, is shall mean filed with the Recorder of the Land Court.

REGISTER OF DEEDS : The Register of Deeds of Norfolk County and, when appropriate, shall include the Recorder of the Land Court.

STREETS : Streets shall mean to include traveled way, curbing, grass strips, sidewalks, drainage, and utilities.

PRIMARY STREET : A street which receives and distributes traffic from and to various subareas within a given region, and receives traffic from a given residential neighborhood or industrial area and carries it to an arterial highway. These roads run through developed areas or connect concentrations of development, and carry significant volumes of traffic.

SECONDARY STREET : A street which primarily provides access to adjacent land uses.

SCENIC ROAD (STREET) : A street defined in Section 15C, Chapter 67, of the General Laws and as amended.

SUBDIVISION : A division of land into two or more lots in such a manner as to constitute "subdivision", as defined in Section 81-L, Chapter 41, of the General Laws and as amended.

SUBDIVISION TYPES :

2.14.1 Subdivision Types I: A subdivision for single and two-family residential purposes.

2.14.2 Subdivision Type II: A subdivision for apartments, business, or industrial purposes.

SUBDIVISION CONTROL LAW : Refers to Sections 81-K to 81-GG, inclusive, of Chapter 41, of the General Laws of the Commonwealth of Massachusetts, entitled "Subdivision Control" including all subsequent amendments thereto.

THESE RULES AND REGULATIONS : The Land Subdivision Rules and Regulations of the Planning Board of the Town of Millis, Massachusetts.

WAY : A right-of-way or means of access to a lot. A public way is a way which has been accepted by and the land owned by the Town of Millis or by other means created as a public street. Any other way (private way) is a way over land which is owned by a private party but which is set forth by deed covenant, deed description, or other means as a private way.