ABANDONMENT : The cessation of a use or the discontinuance of a use of a structure or lot; or the removal of the characteristic equipment or furnishings; or the replacement of a nonconforming use or structure by a conforming use or structure.
ACCESSORY BUILDING : A building devoted exclusively to a use subordinate to the principal use and customarily incidental to the principal use. (See Section 4.12)
ACCESSORY USE : A use subordinate to the principal use and customarily incidental to the principal use. (See Section 4.12)
ALTERATION : Any construction, reconstruction or other similar action resulting in a change in the structural parts, height, number of stories, exits, size, location, or use of a building or other structure.
ATTACHED DWELLING : A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Attached dwellings are also referred to as townhouses, townhouse dwellings or rowhouses.
ATTACHED DWELLING DEVELOPMENT : A row of at least three one-family attached dwelling units whose side-walls are separated from other dwelling units by a fire wall or walls. Each unit in the row, or townhouse, may be owned by a separate owner and shall have its own at grade access.
AUTOMOBILE REPAIR GARAGE : Any building in which a business or industry dealing with the repair or servicing of motor vehicles is maintained.
AVERAGE FINISHED GRADE : The mean grade of the ground at the building foundation. In determining maximum height of a building, mean grade is the mean original grade at the building foundation before any construction is commenced. In determining whether a space is classified as a basement or a "cellar," average finished grade is the mean grade within five feet of the building foundation after construction is completed.
BASEMENT : A portion of a building, partly below grade, which has more than one-half of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is four feet, six inches or more above the average finished grade. (See Figure 1.)
BUILDING : a combination of any materials, whether portable or fixed, having a roof, built to form a structure for the shelter of persons, animals or property for the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.
BUILDING AREA : the aggregate of the maximum horizontal cross-sectional areas of:
a. all buildings on a lot, exclusive of cornices, eaves, gutters and chimneys, and
b. all unroofed steps, porches, balconies, terraces, patios or decks, which at any point have a floor height of two feet or more above ground level.
BUILDING COVERAGE : The building area expressed as a percent of the total lot area.
BUILDING, DETACHED : A building having open space on all sides.
BUILDING INSPECTOR : Building Inspector, Town of Nahant, Massachusetts.
BUILDING SETBACK LINE : The line established by this bylaw, beyond which a building shall not extend except as specifically provided by this bylaw.
CARPORT : A roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles.
CELLAR : A portion of a building, partly or entirely below grade, which has more than one-half of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar is not deemed a story. (See Figure 1.)
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
COMMERCIAL VEHICLE : For the purpose of this bylaw, any cart or wagon or any vehicle which is included in the definition of a motor vehicle given in chapter 90 of the Massachusetts General Laws including but not limited to a passenger car or van on which is permanently affixed any writing to designate the business or professional use or affiliation of said car or van, or any truck or other vehicle which would be classified as other than a passenger vehicle for purposes of registration in the Commonwealth of Massachusetts, but excluding a passenger car, truck, or other vehicle not marked for business use.
COURT : An open, uncovered, unoccupied space partially or wholly surrounded by the walls of a structure.
DAY CARE CENTER : Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven years of age, or under 16 years of age if such children have special needs for non-residential custody and care during part or all of the day separate from their parents. Day Care Center shall not include any part of a public school system; any part of a private organized education system, unless the services of such system are primarily limited to kindergarten, nursery or related pre-school services; a religious education program conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; or the occasional care of children with or without compensation therefor. (See also "Family Day Care Home".) A day care center can also include an elderly day care center or facility.
DETACHED DWELLING : A building which is designed or occupied as a one-family residence on its own lot and is separated by side yards from any other structure or structures, except accessory buildings.
DISTRICT : A zoning district as established by Section 3 of this bylaw.
DRIVEWAY : An open space, which may be paved, located on a lot, which is not more than 20 feet in width, built for access to a garage, or off-street parking or loading space, and as further regulated by section 6, hereof.
DRIVE-IN RETAIL OR SERVICE ESTABLISHMENT : A business or commercial establishment which dispenses any food, beverages, goods or services from inside a building to persons standing outside or seated in their automobiles.
DUPLEX HOUSE : A house containing two dwelling units adjoining side by side; that is, in which no part of one dwelling unit is over any part of the other dwelling unit. A duplex house shall be considered as one principal building occupying one lot for the purpose of determining yard requirements. The term duplex house is synonymous with the term semi-detached dwelling.
DWELLING : A privately or publicly owned permanent structure, whether owned by one or more persons in any legal form, which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms "one-family" or "two-family" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home or dormitory.
DWELLING UNIT : One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.
ENVIRONMENTAL MONITORING : Field collection of samples for laboratory and/or field analysis.
ERECTED : The word "erected" shall include the words "attached," "built," "constructed," "reconstructed," "altered," "enlarged" and "moved."
FAMILY : one or more persons occupying a dwelling unit and living and cooking together on the premises as a single, non-profit, housekeeping unit; provided, however, that not more than two individuals not related to each other either by blood or adoption within the second degree of kindred and not married to each other may be deemed to be members of the same family.
FAMILY DAY CARE HOME : Any private residence which on a regular basis receives, for temporary custody and care during part or all of the day, children under seven years of age, or children under 16 years of age if such children have special needs; provided, however, in either case, that any such family day care home be licensed by the Commonwealth of Massachusetts and any other licensing authorities, that the total number of children under 16 in a family day care home shall not exceed six including participating children living in the residence, or such lesser number as is allowed under the terms of the license, and that the family day care home comply with all other applicable terms of its license and all applicable regulations. Family Day Care Home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. An occupancy permit from the office of the Building Inspector shall be required. (See definition of "Day Care Center" if over six children are served.)
FAST-ORDER FOOD ESTABLISHMENT : An establishment whose primary business is the sale of food for consumption on or off the premises which is (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (b) available upon a short waiting time; and (c) packaged or presented in such a manner that it can be readily eaten either inside or outside the premises where it is sold.
FENCE : a structure or partition erected for the purpose of enclosing: a parcel of land, dividing a parcel of land into distinct positions, or separating contiguous parcels of land
FLOOR AREA RATIO (FAR) : The ratio of the gross floor area to the total area of the lot.
FOOTPRINT : The outline of the area on a lot occupied by a building, including the foundation outline and any enclosed porches, but excluding any open porches, balconies, decks, or roof overhangs.
FRONTAGE : The front property line of a building or lot abutting on a public or private way approved by the Town.
GARAGE, PRIVATE : Any building or portion of a building, accessory to and located upon the same lot as a residential building or upon a lot in the same ownership and adjacent to the lot on which the served residential building is located, which is used for keeping of a motor vehicle or motor vehicles and in which no business or industry dealing with sales, servicing, or repair of such vehicles is carried on.
GASOLINE STATION : A building, facility, or part thereof with at least one and no more than two service bays whose chief activity is the selling of gasoline, oil and related products for motor vehicles and the provisions for lubricating service or auto repair limited to: tire service and repair (but not recapping or regrooving), replacement of miscellaneous parts and minor adjustments to parts of motor not involving removal of head, crankcase or motor. A self-service portion of a gasoline station may be part of a full service station only.
GRADE : The elevation of a point on the ground above any designated base elevation; used for the purpose of determining the height and slope of various parts of a site compared to other parts, or compared to a designated base elevation.
GROSS FLOOR AREA (GFA) : The sum in square feet, of the gross horizontal areas of all the floors of a principal building, and its accessory buildings on the same lot, as measured from the exterior faces of the exterior walls, or centerlines of walls separating two buildings, including:
1. elevator shafts and stairwells on each floor;
2. attic space with a structural headroom of seven feet or more, except as hereafter excluded;
3. interior mezzanines, and penthouses;
4. basement and cellar areas with a ceiling height of seven feet or more, not devoted exclusively to uses accessory to the operation of the building, and all basement and cellar areas, regardless of ceiling height, which have finished floors, ceilings and walls, or which are actually used for living purposes
5. all weather covered habitable porches and balconies; but excluding:
1. areas used for parking garages, accessory parking, or off-street loading purposes;
2. basement and cellar areas devoted exclusively to uses accessory to the operation of the building, and basement and cellar areas with a ceiling height of less than seven feet, which do not have finished floors, ceilings or walls and are not actually used for living purposes;
3. open or lattice enclosed exterior fire escapes;
4. attic space and other areas for elevator machinery or mechanical equipment accessory to the building;
5. open porches and balconies.
Areas excluded from gross floor area are still subject to all dimensional requirements, including minimum yard setbacks and maximum building coverage.
HEIGHT OF BUILDING : For the purpose of this bylaw, the height of any building shall be the vertical distance of the highest point of the roof, or any rooftop deck, fence, railing, widows walk or other rooftop structure or feature, above the mean original grade of the ground undisturbed adjoining the building before any construction is commenced. Chimneys, ventilators, skylights, tanks, bulkheads, and solar panels shall not be considered part of the height of the building if they do not extend more than four feet above the specified height limit. Domes, towers or spires which are an integral part of churches or religious buildings shall not be subject to these limitations, provided that such features shall in no way be used for living purposes.
HOME OCCUPATION : An accessory use which by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use. In connection with such use, there shall be no retail sale of merchandise on the premises. Such use shall be carried on by the occupants of the dwelling unit in compliance with the provisions of Section 4, Use Regulations, and shall not in any manner change the residential character of the building. Home occupations do not include such uses as barber shops, commercial stables or kennels, teaching of more than three pupils simultaneously and in the case of musical instruction, more than one pupil at a time (see Section 4.07).
LODGERS : (See Section 4.06 "Renting of Rooms to Roomers or Lodgers")
LOT : An area or parcel of land or any part thereof in individual, joint, or common ownership, or in ownership by the entirety, which is designated on a plan as a separate lot and which has boundaries identical with those on a plan recorded in the Essex South District Registry of Deeds.
LOT, CORNER : A lot located at the intersection of two or more streets or ways having an angle of intersection of not more than 135 degrees. (See Figure 2.)
LOT, INTERIOR : A lot not bounded by a street. (See Figure 2.)
LOT LINE, FRONT : The property line dividing a lot from a street or right-of-way.
LOT LINE, REAR : Any lot line which is parallel to or within 45 degrees of being parallel to a front lot line. In the case of a corner lot, the two lot lines that are not front lot lines shall be considered side lot lines. In the case of a lot having no street frontage or a lot of odd shape, only the one lot line furthest from the street shall be considered a rear 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 bylaw, or any subsequent amendment thereto, which is not in accordance with all provisions of this bylaw, including but not limited to a lot which does not meet the lot area or street frontage requirements shown on Table 2, Table of Dimensional Regulations.
LOT, THROUGH : A lot abutting more than one street (including a corner lot). (See Figure 2.)
LOT WIDTH : The shortest distance between opposite side lines of a lot measured at a point midway between the front lot line and the rear lot line. At no point between the street frontage line and the midway point shall the lot be narrower than 75% of the required lot width.
MEMBERSHIP CLUB : A noncommercial social, sports, or fraternal association or organization which is used exclusively by members and their guests.
METEOROLOGICAL MONITORING the collection of data relevant to wind speed and direction.
**Webmasters Note: The previous definition has been added as per an update approved at a town meeting held on 4/30/05.
MULTI-FAMILY DWELLING : A building designed or intended or used as the home of three or more families, each in a separate dwelling unit, living independently of each other and who may have common rights in halls and stairways.
NON-HAZARDOUS RESEARCH : Research activities including, but not limited to, the fields of engineering, physics, social science and other disciplines. Any activity which may be detrimental to the health, safety or welfare of persons working in or living near the activity is expressly prohibited. Included in this category would be research involving toxic chemicals, recombinant DNA, infectious microorganisms, radiation sources, atmospheric and/or noise pollution.
NONPROFIT RELIGIOUS OR EDUCATIONAL PURPOSES : Land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation shall be permitted in any district; provided, however, that such land or structures shall be subject to the regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements as described in Table 2 of Section 5 for each district.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
OCCUPANCY PERMIT : A statement signed by the Building Inspector, setting forth either that a building or structure complies with this bylaw or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
OFFICE : A place in which functions such as directing, consulting, recordkeeping, clerical work, and sales (without the presence of merchandise) of a firm are carried on; also, a place in which a professional person conducts his or her professional business.
ONE-FAMILY DWELLING : A detached dwelling designed and used for a single family; a house.
OPEN SPACE LAND : Land on a developed parcel which is unbuilt upon and contains no paved parking, loading, or driveway areas, but which may contain active or passive recreation areas, including incidental paving related thereto.
OUTDOOR STORAGE AREA : A space outside of a building which is used to keep merchandise for use, goods to be processed or machinery for use.
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 inside or outside a structure for exclusive use as a parking stall for one motor vehicle.
PERMANENT OPEN SPACE : Land set aside by irrevocable covenant as permanent open space in public, private or cooperative ownership. The form of covenant covering such open space land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Town Counsel and the Board of Selectmen. With the approval of the Town Meeting, this land may be deeded to the Town.
PRINCIPAL USE : (See "Use, Principal")
REPAIR : Any maintenance which affects structure, egress, fire protection systems, fire ratings, energy conservation provisions, use, occupancy or utilities.
REPAIR, ORDINARY : Any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical or other utilities.
RESTAURANT : An establishment, other than a Fast Food Establishment, where the principal activity is the service or sale of prepared food or drink for on-premises or off-premises consumption.
RETAINING WALL : a wall designed to resist the lateral displacement of soil or other material.
ROOMERS : (See Section 4.06 "Renting of Rooms to Roomers or Lodgers")
SEMI-DETACHED DWELLING : (See "Duplex House")
SETBACK : The shortest horizontal distance from any lot line to the nearest building wall or building part.
SIGN : Any permanent structure, device, letter, word, model, insignia, trade flag, streamer, display, emblem, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye. This definition shall include signs located within a window. Marquees, canopies, clocks, thermometers and calendars shall be subject to these provisions when used in conjunction with signs as defined above. (See Section 8 for specific regulations relating to signs.)
SIGN, ACCESSORY : Any sign that, with respect to the premises on which it is erected, advertises or indicates one or more of the following: the person occupying the premises, the business transacted on the premises, and directional or parking instructions; or the sale or leasing of the premises or any part thereof.
SIGN AREA; AREA OF A SIGN; SIGNAGE : Shall mean the area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area.
SIGN, FACING OR FACE : The surface of a sign, board, background area, and structural trim upon, against or through which a message is displayed or illustrated on the sign.
SIGN, FREESTANDING : A sign not a part or attached to any building but generally located elsewhere on a lot. Such sign shall not exceed a height of 20 feet and shall have 10 feet of clearance under the sign.
SIGN, GROUND : A freestanding sign located on or close to the ground, the top of which shall not be higher than four feet above the ground.
SIGN, PERMANENT : Any sign as defined above, intended to be erected and maintained for more than 90 days.
SIGN, PORTABLE : A freestanding sign not permanently affixed, anchored, or secured to the ground or a structure on the lot it occupies, including trailered signs but excluding signs affixed to or painted on a vehicle.
SIGN, PROJECTING : Any sign which is attached to a building or other structure any part of which projects more than 18 inches from the wall surface of that portion of the building or structure in front of which the sign is positioned.
SIGN, ROOF : Any sign erected, constructed and maintained upon or over the roof of any building.
SIGN, TEMPORARY : Any sign, including its supporting structure, intended to be maintained for a continuous period not to exceed 90 days.
SIGN, WALL : A sign not exceeding four feet in height securely affixed to a wall projecting not more than 12 inches from and parallel to the face of such wall, not projecting beyond the building face fronting on a street or parking lot nor above the highest line of the wall to which it is attached. A wall sign shall be no higher than the lowest of the following: (a) 25 feet above grade; (b) the bottom of the sills of the first level of windows above the first story; or (c) the cornice line of the building at the building line. If attached to a parapet, a sign shall not exceed the height of the parapet.
SIGN, PRIMARY WALL : A sign on the building face fronting on a street or parking lot frontage.
SIGN, SECONDARY WALL : A sign located on any building face fronting on a street or parking lot frontage other than that of the primary wall sign. The cumulative area of all secondary wall signs shall not exceed 50 percent of the maximum possible area of the primary wall sign.
SIGNS, WINDOW : Signs painted or posted on an interior translucent surface including windows and doors, such coverage not to exceed 25 percent of the area visible from the exterior of the building.
SPECIAL PERMIT USE : A use of a structure or lot or any action upon a premises which may be permitted under this bylaw only upon application to, and with the approval of, the Special Permit Granting Authority in accordance with Section 9 hereof.
STORY : The portion of a building which is between one floor level and the next higher floor level or the roof. 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 deemed to be a story when its ceiling is four feet, six inches or more above the average finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and not used for human occupancy.
STORY, HALF : A story which is under a gable, hipped, or gambrel roof, where less than one-half the floor area has a clear height of seven feet or more. (See Figure 3.)
STREET : A public or private way which is accepted or devoted to public use by legal mapping or by other lawful procedure. It shall be synonymous with the words "street," "right-of-way," "road," "avenue," "highway," "parkway," and other similar designations. Prior to issuance of a building permit, the Building Inspector shall determine that the street will be passable for automobiles and emergency vehicles during all seasons of the year. (See Figure 3.)
STREET LINE : (See "Lot Line, Front")
STRUCTURE : A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelter, pier, wharf, bin, fence, sign, antenna, carport, court, deck or the like.
STRUCTURE, NONCONFORMING : A structure, lawfully existing at the time of adoption of this bylaw, or any subsequent amendment thereto, which does not conform to one or more of the applicable use, dimensional, or density regulations for the district in which the structure is located; or a structure on a nonconforming lot.
TWO-FAMILY DWELLING : A house on a single lot containing two dwelling units. This definition includes duplex houses.
USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied or maintained.
USE, ACCESSORY : (See "Accessory Use")
USE, NONCONFORMING : A use lawfully existing at the time of adoption of this bylaw or any subsequent amendment thereto which does not conform to one or more provisions of this bylaw (see Section 7).
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 bylaw.
VARIANCE : A departure from the terms of this bylaw authorized by the Board of Appeals under the terms of Section 9 hereof.
YARD : An open space unobstructed from the ground up, on the same lot with a principal building, extending along a lot line or front lot line and inward to the principal building. The size of a required yard shall be measured as the shortest distance between the nearest point of the building and a lot line or front lot line.
STREET RIGHT-OF-WAY
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
Structures which are below the finished lot grade shall not be deemed to occupy required yards.
YARD, FRONT : A yard extending across the full width of a lot and lying between the front lot line and the nearest part of a building. (See Figure 4.)
YARD, REAR : A yard extending across the full width of a lot and lying between the rear lot line and the nearest part of a building. (See Figure 4.)
YARD, SIDE : A yard extending from the front yard to the rear yard and lying between a side lot line and the nearest part of a building. (See Figure 4.)
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
ACT The Federal Telecommunications Act of 1996 ADEQUATE COVERAGE The geographic area m which the carrier provides a level of service not greater than is expected by the residents of Nahant and the Federal Communications Commission under its license or authority
ANTENNA A device by which electromagnetic waves are sent or received (whether a dish, rod, mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such purpose)
CAMOUFLAGED An antenna placed within an existing or proposed structure disguised or hidden by a compatible part of an existing or proposed structure, or made to resemble an architectural feature of the building or structure on which it is placed
CARRIER A company, authorized by the FCC, that provides wireless communications services
CO-LOCATION . The use of a single mount (antenna) by more than one carrier and/or several mounts on a tower by more than one carrier
COMMUNICATION EQUIPMENT SHELTER A structure designed principally to enclose equipment used in connection with wireless communication transmission, and/or reception
CONCEALED An antenna within a building or other structure, which is not visible from outside the structure.
ENFORCEMENT The Building Inspector shall enforce the provisions of the Wireless Communication Bylaw.
FACILITY SITE . A lot, parcel or structure thereon, or any part thereof, which is owned or leased by one or more Carver and upon which one or more wireless communication facility (s) and required landscaping are located,
HEIGHT : The distance from the highest point of a structure to the original grade of the land under the center-point of the structure
INTERNAL ARRAY Antennae placed within a Monopole, invisible from the exterior
JUSTIFICATION OF NEED Documentation by Carrier that the coverage area of the proposed Wireless Communication Facility can not be served by Carver's other existing facilities or by using other technology to increase coverage of existing facilities.
MONOPOLE . A single self-supporting-vertical pole with no guy wire anchors, usually consisting of galvanized or other unpainted metal, or a wooden pole with below grade foundations
MOUNT Structure or framework that is used to attach antenna
RADIO FREQUENCY RADIATION ("R) . The electromagnetic emissions from wireless service facilities
SPECIAL PERMIT-GRANTING AUTHORITY FOR WIRELESS COMMUNICATIONS FACILITIES The Nahant Planning Board, which will hold public hearings to consider the granting of special permits
SPECIAL PERMIT APPEALS Must follow Chapter 40 regulations
TOWER A structure, framework, or monopole constructed on the ground, that is designed to support wireless communication transmitting, receiving and/or relaying antennae and/or equipment, that was originally constructed for commercial or public communication use
WIRELESS COMMUNICATION FACILITY All equipment buildings and structures with which a wireless communication service carver broadcasts and receives the radio-frequency waves which carry their services and ail locations of said equipment or any part thereof
ABUTTERS LIST : A list of owners of land directly opposite on any public or private street or way, and abutters to the abutter within three hundred (300) feet of the property line of the petitioner's lot as they appear on the most recent applicable lax list. The Assessors maintaining any applicable tax list shall certify the names and addresses of parties in interest and such certification shall be conclusive for all purposes.
APPLICANT : A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under Section 3.
APPLICANT : shall include an owner, or agent, or representative, or assigns.
BENCH MARK : A mark made in a durable object of known position and elevation as a reference point.
BOARD : The Planning Board of the Town of Nahant as established under Section 81 A of Chapter 41 G.L.
CERTIFIED BY : Certified by (or endorsed by) the Planning Board, as applied to a plan or other instrument required or authorized by the subdivision control law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board.
CERTIFIED BY : Certified by (or endorsed by) the Planning Board, as applied to a plan or other instrument required or authorized by the subdivision control law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board.
DESIGNER : A Registered Professional Civil Engineer or a Registered Land Surveyor in Massachusetts.
DEVELOP : To construct a street, install utilities, erect a house or other structure, or in any way to improve a lot substantially.
DEVELOPER : A person (as hereinafter defined) who develops a subdivision under a plan of a subdivision approved pursuant to Sec. 3 of these Rules and Regulations.
DRAINAGE : Runoff of water, whether across the surface of the land or impervious development such as streets, driveways and buildings, and all structures which are designed to carry the flow of water such as storm drains, surface channels and detention areas.
EASEMENT : A right acquired by public authority or other person to use or control property for a utility or other designated public purpose.
FEE SCHEDULE: All fees are not refundable. The following fees have been adopted:
*Submission of Preliminary Plan $50.00/Lot
*Submission of Definitive Plan $100.00/Lot
*Plan Not Requiring Approval $100.00/Plan
*Cost of Advertising $ Estimate will be provided
*Consultant, if necessary $ Estimate will be provided
FOOT PATHS : A pedestrian way of any dimension over which the public has the right of passage but does not qualify as a frontage under the subdivision regulation.
FRONTAGE : The continuous horizontal distance measured between the side lot lines at the street line on a way which qualifies for frontage under Chapter 41, Section 81-L, General Laws.
GENERAL LAWS : (Abbreviated G.L.) The General Laws of Massachusetts, and as the same may be amended.
LOT : An area of land in one (1) ownership with definite boundaries used, or available for use, as the site of one (1) or more buildings. (Sec. 81-L of Chapter 41 G.L.)
MONUMENT : A permanent marker to indicate a boundary.
MUNICIPAL SERVICES : Water drains, sewers, water pipes, gas pipes electrical lines, telephone lines, fire alarm system, similar systems and their respective appurtenances.
OWNER : As applied to real estate, the person holding the fee simple title to a parcel, tract or lot of land, as shown by the record in the Registry of Deeds or Registry of Probate, or Land Court.
PERSON : An individual, two or more individuals, or a group or association of individuals, a partnership, trust or corporation, having common or undivided interest in a tract of land.
PLAN PRELIMINARY : A plan of a proposed subdivision or a re-subdivision of land prepared in accord with Section 3 to facilitate proper preparation of a Definitive Plan.
PLAN DEFINITIVE : The plan of a subdivision as duly submitted with appropriate application to the Board for approval, to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board, and such plan when approved and recorded; all as distinguished from preliminary plan.
PLANNING BOARD : Agent Town employee or consultant authorized by the Planning Board to review subdivisions and administer the regulations.
PRIVATE UTILITIES : This term shall include telephones, cable television, electric light and power, and gas lines whether installed on, above or beneath the surface of the ground.
RECORDED : Recorded shall mean recorded in the Registry of Deeds except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court. (Section 81L of Chapter 41 G.L.)
REGISTERED PROFESSIONAL : Engineer or Registered Professional Land
SURVEYOR : shall mean having registrations in Massachusetts.
REGISTRY OF DEEDS : Registry of Deeds shall mean the Registry of Deeds for the Southern District of Essex County, and when appropriate, shall include the Land Court (Section 81 L of Chapter 41, G.L.).
ROADWAY : That portion of a way which is designed and constructed for vehicular travel.
RIGHT OF WAY : With respect to subdivision dimensional and construction standards, the land which contains a subdivision roadway, is bounded by subdivision lot lines and existing rights of way, and provides frontage for subdivision lots. In general application to the Town of Nahant, it also refers to other ways over which the public has the right of passage but do not qualify as frontage under the subdivision regulation.
SIDEWALK : A way within the right-of-way of a street normally parallel to the street, designed for use by pedestrians.
STANDARD SPECIFICATIONS : "The Commonwealth of Massachusetts Department of Public Works, Standard Specifications for Highways and Bridges, " 1988 edition as amended.
STREET, MAJOR : A street which, in the opinion of the Board, is being used or will be used as a thoroughfare within the Town of Nahant, which will carry a heavy volume of traffic.
STREET, MINOR : A street which, in the opinion of the Board, is being used or will be used primarily to provide access to abutting lots and which will not be used for through traffic.
STREET, SECONDARY : A street intercepting one (1) or more minor streets and which, in the opinion of the Board, is used or will be used to carry a substantial volume of traffic from such minor street(s) to a major street or community facility.
STREET, SUBSIDIARY : A street serving only one lot. See 4.01 A (e). Subdivide The owner.
SUBDIVISION : The division of a tract of land into two (2) or more lots and shall include resubdivision and when appropriate to the context, shall relate to the process of subdivision or 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 a frontage on (a) a public way, or a way, which the Town Clerk of the Town of Nahant certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the Town having in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Zoning Bylaw. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two (2) or more buildings were standing when the subdivision control law went into effect in the Town into separate lots on each of which one (1) of such buildings remains standing, shall not constitute a subdivision. (Section 81-L of Chapter 41 G.L)
SUBDIVISION CONTROL : The power of regulating the subdivision of land granted by the Subdivision Control Law, Chapter 41, Section 81 K through GG inclusive, as hereinafter amended.
WAY : A way is synonymous with the terms, road, street, highway, avenue pedestrian path and shall denote any such line or route for passage whether public or private. A way includes the width of the strip of land laid out, designated, acquired and/or dedicated for the use of such way. Such width includes the spaces for vehicular travel and sidewalks.