ACCESSORY BUILDING A building devoted exclusively to an accessory use as herein defined.
ACCESSORY STRUCTURE A structure, such as a detached garage, shed, swimming pool, tennis court, pier, or greenhouse, located on the same lot with and accommodating a use accessory to the principal structure or use of the lot, except a pier may be located on a lot adjacent to the principal structure.
ACCESSORY USE An activity customarily incidental to and located on the same lot as a principal use conducted by the same person or his agent. No use (other than parking) shall be considered "accessory" unless functionally dependent on and occupying less land area than the principal use to which it is related. (1987)
APPLICANT The person submitting any application under the provisions of this Bylaw including a firm, association, organization, partnership, trust, company or corporation as well as an individual.
BOARD OF APPEALS The Board of Appeals of the Town of Duxbury.
BUILDING A structure having a roof covering one hundred (100) square feet or more.
BUILDING HEIGHT The vertical distance from the average finished grade within twenty (20) feet of the structure on the street (frontage) side of a building to:
1. the highest point of the roof or parapet for flat or shed roofs, or
2. the midpoint between the lowest and highest points of the roof for gable, hip and gambrel roofs, or
3. the deck line for mansard roofs (with upper slope under four [4] inches per foot), and provided that at no point shall an exterior wall exceed the permitted heights by more than twelve (12) feet. See Drawing in Section 300.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
COVERAGE
1. Building: The maximum percentage of a lot in any district which is covered by buildings which constitute principal and accessory uses thereof. Garages, barns, storage sheds or additions and alterations to the principal residential building occupying the lot shall not be exempt from the definition of building coverage.
2. Site: The percentage of a lot in any district which is covered by impervious structures, including the principal building and accessory structures on the lot. For the purposes of this section, such impervious structures shall include, and not be limited to, paved driveways and parking areas, sidewalks constructed of impervious materials, principal and accessory structures and other on-site amenities that render any portion of a lot impervious.
DEVELOPER The person, persons, corporation, trust, firm, or partnership or other legal entity who shall be responsible for the development of land and/or structures or is charged with the execution of a planned development.
DWELLING A building, or portion thereof, designed exclusively for residential occupancy, including single-family, two-family, and multiple family dwellings, but not including hotels, motels, boarding houses, trailers, or structures solely for the use of transient or overnight occupants.
DWELLING UNIT A building or a portion of a building providing living quarters for a single-family having a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit; or quarters for up to six persons in a lodging house, dormitory, congregate housing, or similar group dwelling. (1987)
FAMILY
1. One (1) or more persons related by blood or marriage and including not more than four (4) additional unrelated persons, or
2. not more than five (5) unrelated persons, occupying a dwelling unit and living as a single housekeeping unit.
FARM Any tract of land used for the production of crops or the rearing of animals or livestock.
FINDINGS A written report of a decision reached by a reviewing agency as required by this Bylaw.
FLOAT A temporary floating structure attached to mooring gear or piles.
FRONTAGE The boundary of a lot coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site and the street has been determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and Duxbury Subdivision Regulations measured continuously along one street line between side lot lines or in the case of corner lots, between one side lot line and the midpoint of the corner.
GANGWAY A structure attached at one end to a pier or other permanent object and the other end resting on a float.
GUEST HOUSE A structure originally built as a dwelling, in which the operator resides, and not more than four guest units are offered for overnight lodging with or without meals. (1987)
GUEST UNIT A room or suite of rooms suitable for separate rental or occupancy in a hotel, motel, or similar establishment. Any room or suite of rooms containing a stove plus either or both a refrigerator and a kitchen sink shall be considered a dwelling unit (1987).
HOME OCCUPATION The use of portion of a dwelling as a principal location for the practice of their occupation by a person (such as an architect, counselor, consultant, dentist, doctor, engineer, insurance broker, investment counselor, lawyer or real estate broker) who is a resident therein.
HOME OWNERS, OR RESIDENTS, ASSOCIATION A legal organization approved by this Bylaw composed of all resident owners in a Residential Conservation Cluster responsible for owning or maintaining common property, providing for compulsory membership for each resident, equitable voting rights and effective participation opportunities.
IMPERVIOUS COVERAGE Referring to the condition in which portions of a lot are rendered impervious by structures which cover previously natural or undeveloped land area, therefore, potentially altering natural drainage and ground water recharge characteristics.
IMPROVEMENT SCHEDULE A program extending over the period of a proposed development during which certain improvements agreed upon by the developer or required by the Board of Appeals or any other special permit granting authority are to be installed by the developer.
INFORMAL HEARING Any scheduled meeting not advertised as a public hearing of the reviewing body at which time the applicant may submit material.
INTERESTED PARTY Any person who holds an interest in property within three hundred feet of a lot with respect to which a special permit or variance is sought, or who is entitled to receive notice of hearings under G.L. c. 40A.
LAND IMPROVEMENTS An improvement involving the allocation of certain lands and/or buildings for utilization by the public.
LOT A parcel of land used or set aside and available for use as the site of one or more buildings and structures accessory thereto or for any other definite purpose, in one ownership and not divided by a street, not including any land within the limits of a public or private way upon which such lot abuts, even if the fee to such way is in the owner of the lot.
LOT AREA The horizontal and contiguous area of the lot exclusive of any area in a public or private way open to public uses. Land under any waterbody, bog, swamp, wet meadow or marsh, as defined in G. L. c. 131 sec. 40, and as determined by the Conservation Commission, and/or land within the Wetlands Protection Overlay District, and/or land within any overhead easement, the purpose for which is the transmission of high voltage electricity, shall not be included in the horizontal and contiguous portion of the lot area required for zoning compliance. If the distance between any two (2) points on lot lines is less than fifty (50) feet, measured in a straight line, the smaller portion of the lot, as divided by that line, shall not be included in lot area nor shall any portion of its perimeter be counted toward meeting the frontage requirements unless the two points are separated by less than one hundred fifty (150) feet measured along the line. See drawing Section 300.
NEW PIER A pier constructed on a lot where no pier currently exists or where a pre-existing pier is being replaced or reconstructed.
PIER An elevated structure built over a wetland resource area to provide access from an upland land area to Duxbury Bay and its tributaries.
PLANNING BOARD The Planning Board of the Town of Duxbury.
PRE-EXISTING PIER An existing pier that at the time of application is structurally sound and functional to provide access to the water or was structurally sound and provided access to the water within two (2) years prior to the date of application to the Conservation Commission for reconstruction.
PROJECTIONS Cornices, eaves, gutters, outside chimneys, belted courses, 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 preservation 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.
SETBACK The distance from a property line to a building or other structure.
SHARED PIER A pier which is owned by two or more individuals or organizations that own contiguous waterfront property.
SIGN Any word, letter, symbol, drawing, picture, design, device, article or object which advertises, calls attention to or indicates the location of any premises, person or activity whatever its manner of composition or construction and however displayed.
STORY That part of a building above the basement or cellar and between the top of any tier of floor beams and the top of the tier of floor or roof beams next above.
STREET
1. Feeder
A way which, in addition to providing access to abutting properties, intercepts local streets to provide a route serving fifty or more dwelling units, to give access to community facilities and/or other collectors and major streets.
2. Local
A way designated to be used primarily to provide access to abutting properties.
STRUCTURE A combination of material assembled at a fixed location to give support or shelter, such as a building, tower framework, platform, or the like.
1. Accessory Structure
A structure, such as a detached garage, shed, swimming pool, tennis court, pier, or greenhouse, located on the same lot with and accommodating a use accessory to the principal structure or use of the lot, or a pier located on an adjacent lot to the principal structure.
2. Principal Structure
A structure in which the primary use of the lot is conducted; including porches, decks, utility building, and any other attached projections of the structure.
TOWN The Town of Duxbury.
TOWN LANDINGS Designated areas to which the town has a right, which have been surveyed and recorded with the Plymouth County Registry of Deeds to the low water mark and including, in north to south orientation along the shoreline, Old Cove Landing, Drew Salt Works Landing, Simeon Soule's Landing, Peterson's Landing, Powder Point Bridge (at the west end on both north and south sides), Anchorage Lane Landing, Bluefish River Landing, Mattakeeset Town Pier, Winsor Street Landing, Water Street Landing, Josselyn Landing, Harden Hill Road Landing, Howland's Landing, Landing Road Landing, and Hicks Point Road Landing.
USE RESTRICTION A qualification placed upon any or all parts of a site which shall define the uses permitted on the land.
WATERFRONT SCENIC AREA OVERLAY DISTRICT (WSA) A WSA is the abutting waterfront land viewed from a public road, along which there is an open, unobstructed view of the ocean, harbor, bay or estuary. The WSA boundaries are as illustrated on a plan approved by a town meeting vote and are delineated by a line extending from a public road ROW centerline 300 feet seaward, starting at the first affected parcel and continuing to the final parcel. A WSA is defined for the purposes of new pier construction and repairs.
WAY Any public way or private way shown in a plan approved under the provisions of the Subdivision Control Law or any way in existence when the provisions of said Subdivision Control Law became effective in the Town, having, in the opinion of the Planning Board, suitable width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of 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.
WAYS TO THE WATER Designated areas to which the Town has rights as public ways to the water, by gift or otherwise, which may or not be restricted as to their usage and which have not been specifically laid out and surveyed to the low water mark and recorded as Town Landings and including, in north to south orientation along the shoreline, Shipyard Lane Beach, Elder Brewster Road, Samoset Road, Sagamore Road, Massasoit Road, Miles Standish Home Site, Longview Road, Elderberry Lane, and Bay Farm.
APPLICANT means any person filing an application.
DEPARTMENT means the Massachusetts Department of Environmental Protection (DEP).
PERSON means any agency or political subdivision of the federal government or the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent or such person, and any group of persons.
TOXIC OR HAZARDOUS MATERIALS means any substance or mixture of such physical, chemical or infectious characteristics 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, radio-active or infectious wastes, acids and alkalis, and include products such as pesticides, herbicides, solvents and thinners. Waste generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except that anyone engaging in such an activity can demonstrate this contrary to the satisfaction of the Board of Health and the Water Advisory Board.
Airplane, boat and motor vehicle service and repair
Chemical and bacteriological laboratory operation
Cabinet making
Dry cleaning
Electronic circuit assembly
Metal plating, finishing and polishing
Motor and machinery service and assembly
Painting, wood preserving and furniture stripping
Pesticide and herbicide application
Photographic processing
ZONE I means the four hundred (400) foot protective radius required by the Department around a public water supply well or wellfield.
ZONE II means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (one hundred eighty [180] days of pumping at safe yield, with no recharge from precipitation), as defined in 310 CMR 22.00. It is bounded by the groundwater divides, which result from pumping the well, and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary).
ZONE III means that land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00. The surface drainage area as determined by topography is commonly coincident with the groundwater drainage area and will be used to delineate Zone III. In some locations, where surface and groundwater drainage are not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.
RESIDENTIAL CONSERVATION CLUSTER (RCC) DEVELOPMENT - A residential development in which the buildings are clustered together with reduced lot sizes and frontage. The land not included in the building lots is permanently preserved as open space. RCC Development is generally the preferred form of residential development and/or redevelopment in the Town for residential developments of five (5) or more acres and/or six (6) or more lots.
AFFORDABLE HOUSING UNIT . A dwelling unit that qualifies as a local initiative unit under the Commonwealth's Local Initiative Program and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with household incomes that do not exceed 80% of the median 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).
AFFORDABLE HOUSING UNIT : See Section 560.2.1
LOW AND MODERATE INCOME HOUSEHOLD : A household income not exceeding eighty percent (80%) of the median household income, adjusted for household size, in the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury, as determined annually by the U.S. Department of Housing and Urban Development (HUD).
MEDIAN HOUSEHOLD INCOME : The median household income for the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury, as determined annually by the U.S. Department of Housing and Urban Development (HUD).
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER : See Section 560.2.2.
USE RESTRICTION : A deed restriction or other legal instrument recorded in the Plymouth County Registry of Deeds or land court registry district which effectively restricts the occupancy of an affordable housing unit to households of low and moderate income during the term of affordability. Selection of eligible tenant/owners shall be made in a fair and reasonable manner in compliance with any and all applicable fair housing and antidiscrimination laws.
UPLAND AREA : All lands not defined herein as wetlands.
FLOOR AREA RATIO (FAR) : Gross floor area of all buildings on the lot measured in square feet, divided by the total square footage of the entire lot.
VACANT LOT : A lot absent of any man-made structure above the surface.
APPRAISED VALUE : An opinion of value developed by a Massachusetts licensed real estate appraiser that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP).
EFFECTIVE DATE : March 8, 2008.
SIGN Any word, letter, symbol, drawing, picture, design, device, article or object which advertises, calls attention to or indicates the location of any premises, person or activity; whatever its manner of composition or construction and however displayed.
ACCESSORY SIGN A sign, which advertises or indicates the person occupying the premises on which it is erected or the business transacted thereon or advertises the property itself for sale or rent and which contains no other matter.
FREESTANDING SIGN Any sign not attached to a building.
HANGING SIGN Any sign which projects more than eight (8) inches from a wall or facade.
PRIMARY SIGN A sign which contains information on the name of the business, the owner, and/or goods or services offered, located on the same side of the premises as the main entrance.
SIGN, AREA OF
1. The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting structure or bracing.
2. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, shall be considered to be that of the smallest quadrangle or a triangle which encompasses all of the letters and symbols.
3. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross-section of that object.
4. In computing the area of double faced signs, the area of one side shall be used.
SIGN, TEMPORARY Any sign maintained for a continuous period of not more than thirty days in a calendar year.
DEMOLITION The intentional act of pulling down, destroying, removing, or razing a building or structure or commencing the work of total or substantial destruction with intent of completing same.
REGULATED BUILDINGS OR STRUCTURES The provisions of this bylaw shall apply only to buildings or structures which in whole or in part were built seventy-five (75) years or more prior to the date of the application for a demolition permit and are:
a) Listed or eligible to be listed on the National Register of Historic Places, or on the State Register of Historic Places; or
b) Associated with one or more historic persons or events, or with broad architectural, cultural, economic, political or social history of the Town; or
c) Historically or architecturally significant in terms of period style, method of building construction or association with a significant architect or builder either by itself or as part of a group of buildings.
ABOVE GROUND LEVEL (AGL) A measure of vertical distance from the average existing natural grade of a site at the base of a wireless service structure to a point of a structure.
ANTENNA The surface from which wireless radio signals are sent and/or received by a wireless service facility.
CAMOUFLAGED A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered ""camouflaged".
CARRIER A company that provides wireless service.
CO-LOCATION The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
ENVIRONMENTAL ASSESSMENT (EA) An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER An accessory, enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
FALL ZONE The area on the ground within a prescribed radius from the base of a wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
GUYED TOWER A monopole or lattice tower that is secured to the ground or other surface by diagonal cables.
LICENSED CARRIER A company authorized by the FCC to construct and operate a commercial mobile radio services system.
MONOPOLE The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT The structure or surface upon which antennas are mounted, including the following four types of mounts:
1) Roof-mounted. Mounted on the roof of a building.
2) Side-mounted. Mounted on the side of a building.
3) Ground-mounted. Mounted on the ground.
4) Structure-mounted. Mounted on a structure other than a building.
OMNIDIRECTIONAL (WHIP) ANTENNA A thin rod that transmits and/or receives a signal in all directions.
PANEL ANTENNA A flat surface antenna usually developed in multiples.
RADIO FREQUENCY ENGINEER (RF) An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY EMISSION The emissions from wireless service facilities.
SECURITY BARRIER A locked, impenetrable wall, fence or berm that encloses an area to prevent unauthorized entry or trespass.
TELECOMMUNICATIONS SPECIALIST A qualified professional with expertise in monitoring of electromagnetic fields and telecommunications engineering who has a record of service to municipalities.
TOWER A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples include: lattice tower (self-supporting with multiple legs and cross-bracing structural steel) and monopole (self-supporting with a single shaft).
WIRELESS TELECOMMUNICATIONS SERVICE FACILITY Facility, fixture, structure or equipment for the provision of wireless services for resale or lease, as defined by the Federal Telecommunications Act, used or intended for use by a public utility or an FCC-licensed carrier.
WIRELESS TELECOMMUNICATIONS SERVICES All forms of wireless communication included in the definition in the Federal Telecommunications Act of 1996, including commercial mobile radio services, licensed wireless services, common carrier wireless exchange services and other forms of wireless communication of a similar nature. Common carrier wireless exchange services include cellular telephone services, communications systems and paging services, wireless computer networking, wireless internet access and wireless communication services of a similar nature. Wireless telecommunications services shall not be construed to include a telephone exchange.
APPLICANT Any person proposing to engage in or engaged in any non-exempt clearing of trees or under-story vegetation or grading within the Town.
BEST MANAGEMENT PRACTICES (BMPS) A structural, nonstructural, or managerial technique recognized to be the most effective and practical means to prevent and reduce nonpoint source pollutants. BMPs should be compatible with the productive use of the resource to which they are applied, and should be cost-effective.
CALIPER American Association of Nurserymen standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground up to and including 4-inch caliper tree, and 12 inches above the ground for larger sizes.
CERTIFIED ARBORIST A professional who possesses the technical competence through experience and related training to provide for or supervise the maintenance of trees and other woody plants in the residential, commercial, and public landscape.
CLEARING Removal or causing to be removed, through either direct or indirect actions, trees, shrubs, sand and gravel and/or topsoil from a site, or any material change in the use or appearance of the land. Actions considered to be clearing include, but are not limited to: causing irreversible damage to roots or trunks; destroying the structural integrity of vegetation; and/or any filling, excavating, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage.
DRIPLINE An area encircling the base of a tree which is delineated by a vertical line extending from the outerlimit of a tree's branch tips down to the ground.
ESSENTIAL ROOT ZONE An area located on the ground between the tree trunk and 10 feet beyond the drip-line of a tree which is required for protection of a tree's root system.
DIAMETER/DIAMETER-BREAST-HEIGHT(DBH) The diameter of any tree trunk, measured at 4.5 feet above existing grade.
FILLING The act of transporting or placing (by any manner or mechanism) material from, to, or on any soil surface or natural vegetation.
GRADING Any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof, which alters the existing surface of the land.
HAZARDOUS TREE A tree with a structural defect or disease, or which impedes safe sight distance or traffic flow, or otherwise currently poses a threat to life or property.
LANDSCAPE ARCHITECT A person licensed by the Commonwealth of Massachusetts to engage in the practice of landscape architecture.
PROTECTED TREE/VEGETATION A tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction.
SPECIMEN TREE A native, introduced or naturalized tree that is important because of its impact on community character, its significance in the historic/cultural landscape or its value in enhancing the effects of wildlife habitat. Any tree with a dbh of 6 inches or larger is eligible to be considered a specimen tree. Trees that have a small height at maturity or are slow growing, such as flowering dogwood or American holly with a dbh of four (4) inches or larger are eligible to be considered specimen trees.
SIGNIFICANT FOREST COMMUNITY Unfragmented forests including forest types that provide habitat for rare species, unusual ecological processes, highly diverse forest communities, rare forest types, and those forest types which maintain connections between similar or different habitat patches.
SITE ALTERATION SPECIAL PERMIT A special permit issued by the Planning Board authorizing land clearing and grading activities in the Town.
UNDERSTORY VEGETATION Small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of trees.
BUFFER An open space, landscape strip, earth mounds or natural woodlands utilized to separate uses or to separate planned developments site from all boundary uses.
BUILDING, ATTACHED A dwelling unit connected on both sides to an adjacent unit by a common or party wall with a separate exterior entrance for each unit.
BUILDING, DETACHED A dwelling unit which stands alone and has not party walls or walls in common with an adjacent building except for a garage or other appropriate accessory attachment.
BUILDING, MULTIFAMILY Three or more dwelling units within a building with a unit contained on one floor and with units sharing an exterior door.
BUILDING, SEMI-DETACHED A dwelling unit connected on one side to an adjacent unit by a common or party wall with a separate exterior entrance for each unit.
COVERAGE RATIO The maximum proportion of impervious ground coverage permitted in a planned development, inclusive of all buildings and pavement, determined by design rations set forth in Article 700.
DEVELOPER The person, persons, corporation, trust, firm or partnership or other legal entity who shall be responsible for the development of land and/or structures or is charged with the execution of a planned development under this Bylaw.
DEVELOPMENT SCHEDULE A schedule of the rate of construction of housing, business units and improvements required under a special permit granted for a development application.
HOME OWNERS' OR RESIDENTS' ASSOCIATION A legal organization approved by this Bylaw composed of all resident owners in a planned development responsible for owning or maintaining common property, providing for compulsory membership for each resident, equitable voting rights and effective participation opportunities.
IMPERVIOUS COVERAGE Referring to the condition in which portions of a lot are rendered impervious by structures which cover previously natural or undeveloped land area, therefore, potentially altering natural drainage and groundwater recharge characteristics.
NONRESIDENTIAL 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 any building or other impervious structure.
OPEN SPACE, COMMON 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 planned development, exclusive of rear, side and front yards, and owned or controlled by the residents or an organization controlled thereby, the Town or other public agency or charitable organization.
OPEN SPACE RATIO, COMMON The minimum number of square feet or open space required per resident in a planned development.
PARKING PERIMETER RADIUS The maximum distance from a principal entrance in which the required number of parking spaces shall be located.
PLANNED DEVELOPMENT A plan under this Bylaw for a number of dwelling units and accessory uses which is prepared in conformance with preliminary qualification and site analysis requirements and processed as a development application through the special permit procedure administered by the Board of Appeals.
PRELIMINARY QUALIFICATIONS The determination of the suitability of a site, landowner, developer, and conditions for the submission of a development application for a planned development.
SITE A land area submitted for planned development.
SITE ANALYSIS The determination of the use intensity, restricted development areas, public improvements and protected areas for a planned development.
TOWN Town of Duxbury
USE INTENSITY The maximum number of housing, business units per acre overall or 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.
WAY Any public way or private way shown in a plan approved under the provisions of the Subdivision Control Law or any way in existence when the provisions of said Subdivision Control Law became effective in the Town, having in the opinion of the Planning Board suitable width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the purposed use of land abutting thereon or served thereby and for the installation of municipal services to serve such land for the buildings erected or to be erected thereon.
YARD The minimum width of open space required adjacent to a building.
APPLICANT : "Applicant" shall include an owner or his agent, representatives or his assigns.
APPROVAL : Approval of a plan submitted in accordance with Section 4.0 of these Subdivision Rules and Regulations and M.G.L. Chapter 41, Sections 81-S, 81-T, 81-W, 81-U and 81-V.
BOARD : Planning Board of the town of Duxbury.
DEVELOPER : The person, persons, corporation, trust, firm or partnership or other legal entity who will be responsible for the development of land and/or structures).
DRAINAGE BASIN : DETENTION - A man-made basin, diked area, depression and/or related structure for the purpose of slowing the rate at which storm water is discharged from the site, and which may involve temporary backup of water during and immediately following a storm event. RETENTION - A man-made basin, depression, dike, and/or related structure for the purpose of detaining or impounding storm water on a site but which has no free flowing outlet, e.g. a pipe or weir, to allow storm water from small storm events to be discharged to a natural water course or wetland. Leaching pits or similar ground discharge structures shall not constitute an outlet.
DRT : Development Review Team consisting of the Duxbury Planning Director, Conservation Administrator, Inspectional Services Director, DPW Director, Director of Lands and Natural Resources, Representatives of the Board of Health and Fire and Police Departments and others as necessary.
DWELLING UNIT : A building or a portion of a building providing living quarters for a single-family having a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit; or quarters for up to six persons in a lodging house, dormitory, congregate housing, or similar group dwelling.
ENDORSEMENT : 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 the Planning Board, or by its chairman or clerk or any other person authorized by the Board 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.
FRONTAGE : The boundary of a lot coinciding with a street line providing rights of access across that boundary to a potential building site, measured continuously along one street line between side lot lines and in the case of a corner lot, the midpoint of any radius.
LOT : A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other definite purpose, in one ownership and not divided by a street, not including any land within the limits of a public or private way upon which such lot abuts, even if the fee to such way is in the owner of the lot.
MUNICIPAL SERVICES : Public utilities furnished by the town of Duxbury, such as water, sewerage and drainage, Fire and Police Services.
OWNER : The owner of record as shown by the records in the Plymouth County Registry of Deeds or Land Registration Office.
PERSON : An individual, or two or more individuals, or a group or association of individuals having common or undivided interests in a tract of land, a partnership or a corporation.
PLAN, DEFINITIVE : A plan of a proposed subdivision submitted in accordance with Section 5.3 of these Subdivision Rules and Regulations.
PLAN, PRELIMINARY : A plan of a proposed subdivision submitted in accordance with Section 5.2 of these Subdivision Rules and Regulations.
PROFILE : A vertical section of a street along its baseline, showing existing and proposed grades, storm drainage and sanitary sewer facilities.
RECORDED : Recorded in the Registry of Deeds of the county or district in which the land in question is situated, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court.
REGISTERED MAIL : Registered or certified mail as provided by US Postal Service.
REGISTRY OF DEEDS : The Registry of Deeds of Plymouth County, including when appropriate, the Recorder of the Land Court.
RIGHT OF WAY (R.O.W.) : The full strip of land designated as a way or street.
ROADWAY : The paved portion of the R.O.W. including berms and curbs.
SECURITY : Funds deposited to ensure performance of subdivision approval.
SIDEWALK : A way within the R.O.W. generally parallel to the street designed for use by pedestrians.
STREET, LOCAL : A way that provides access to abutting lots only serves three (3) or less lots and is not a through street. The R.O.W. layout shall have a width of fifty (50) feet.
STREET, MINOR : A way that provides access to abutting lots on serves ten (10) or less lots and is not a through street. R.O.W. layout shall have a width of fifty (50) feet.
STREET, PRINCIPAL : A way that carries or is designed to carry through traffic between parts of Town or between Duxbury an other Towns. Principal streets shall have a R.O.W. layout width of sixty (60) feet.
STREET, SECONDARY : A way that carries or is designed to carry through traffic to abutting lots and provides access to local and minor streets. Secondary streets provide access to eleven (11) or more lots. Secondary streets shall have a R.O.W. layout width of fifty (50) feet.
SUBDIVISION : The division of a lot, tract or parcel of land into two (2) or more lots for the purpose of sale or development, including re-subdivision, and when appropriate, shall relate to the process of subdividing or to 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) a public way, or a way which the Town Clerk certifies is maintained and used as a public way, or
(b) a way shown on a plan approved and endorsed in accordance with the Subdivision Control Law, or
(c) a way in existence prior to August 18, 1950 when the Subdivision Control Law became effective in the town of Duxbury, having, in the opinion of the Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is presently required by the Protective By-Law in the town of Duxbury.
WAY : Any public way or private way shown on a plan approved under the provisions of the Subdivision Control Law or a way in existence when the provisions of said Subdivision Control Law became effective in the Town, having in the opinion of the Board suitable width, grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of 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.
WETLAND : Wetlands as defined in Massachusetts General Law 131, Section 40 (310 CMR 10.0) and town of Duxbury General Bylaw, Chapter 9.