ACCESSORY USE OR STRUCTURE : A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADEQUATE ACCESS : Adequate access allows entrance to the property by the fire department, police department, and other agencies charged with the responsibility of protecting the public peace, safety and welfare.
AFFORDABLE HOUSING : Where requirements have been eased by the provision of "affordable housing," the following requirements must be met:
a. Unless otherwise stated, a minimum of 30% of the additional residential units created, but in no case less than one unit, must be offered at rents or selling prices not higher than specified in paragraph b., below. Example: Conversion of an existing single family residence to a five unit multifamily residence: Four additional units are created. Thirty percent of four is 1.2. Thus, two units must be offered at "affordable" prices.
b. To be regarded as "affordable" units must meet the following criteria:
1. Rental units - rental units must be first offered to low-moderate income individuals selected from a waiting list maintained by the Stockbridge Housing Authority. Rents charged cannot exceed 100% of the current "Fair Market Rents" for the US Department of Housing and Urban Development Section 8 Rental Certificate and Voucher Program.
2. Homeownership units - units offered for sale must be first offered to individuals eligible for participation in the Massachusetts Homeownership Opportunity Program as is determined by the most recent regulation and policies issued by EOCD. Maximum purchase prices charged for such units may not exceed those established by the Massachusetts Homeownership Opportunity Program. In the event that no qualified buyers in the target group are found, the income limitation may be raised in 10% increments under the administration of the Stockbridge Housing Authority until a qualified buyer is found.
c. The restriction of affordability shall remain in force for a period of ten years from the date of initial occupancy of each unit.
AGRICULTURAL USE : Any parcel of land which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, vehicles and equipment. This term does not include riding stables, kennels, or facilities for the commercial raising of fur-bearing animals.
BED AND BREAKFAST : An accessory use to a dwelling occupied as the owner's principal legal residence, in which at least one (1) and not more than five (5) rooms are commercially offered for transient occupants. Transient occupancy shall be defined as for not more than 90 consecutive days.
**Webmasters Note: The previous definition has been amended as per an update approved at a town meeting held on 5/17/04.
BILLBOARD - A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
BOATHOUSE - A structure with direct access to a navigable body of water which is used for the storage of boats and associated equipment and which does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.
BUILDING : Any structure having a roof intended for shelter, housing, or enclosure of any person, process, equipment, animals or goods.
BUILDING HEIGHT : The vertical distance to the highest point of flat or mansard roofs including the top of a parapet or, in the case of pitched roofs, to the highest point of the ridge or top of the roof from the lowest existing grade that is both within six (6) feet of the walls of a building and more than six (6) feet from a creek, river, stream, pond or lake.
BUILDING HEIGHT : The vertical distance to the highest point of flat or mansard roofs including the top of a parapet or, in the case of pitched roofs, to the highest point of the ridge or top of the roof from the lowest existing grade that is both within six (6) feet of the walls of a building and more than six (6) feet from a creek, river, stream, pond or lake.
**Webmasters Note: The previous definition was amended by Case No. 4433, effective May 21, 2007.
CHILD CARE FACILITY - A private or public establishment which provides child care for a fee for children placed there by parents, guardians, or other individual(s) responsible for their care. The term child care facility shall mean a day care or a school age child care program, as these terms are defined in Section Nine of Chapter 28A of the general laws of the Commonwealth of Massachusetts.
COMMERCIAL GAMBLING ESTABLISHMENT - Any premises wherein or whereon legal gaming is done. This term shall not include convenience stores or package stores which sell lottery tickets. This term does include commercial race tracks.
COMMERCIAL GARAGE - The use of any building, land area or other premises for the display and sale of new or used automobiles, trucks, vans, trailers, or recreation vehicles; or for the sale of gasoline or other motor vehicle fuel which may include facilities for lubricating, washing, cleaning or otherwise servicing of motor vehicles or for the commercial purpose of painting or repairing motor vehicles.
COTTAGE ERA ESTATE - A single Lot in the R-4 District consisting of no less than 80 contiguous acres, having a principal one-family dwelling dating from "America's Gilded Age" of approximately 1870-1920.
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.
DISTANCE : - The length between objects as measured on a horizontal plane.