ACCESSORY BUILDING OR STRUCTURE : any building or structure whose use is subordinate or incidental to the use of another building or structure on the same lot.

ACCESSORY FAMILY DWELLING UNIT - A minimum second dwelling unit created from and contained within a single family structure, which is owner-occupied and which maintains the outward appearance of a single family dwelling.

       **Webmasters Note: The previous definition has been added as per an update approved at a town meeting held on 5/3/04.

AGRICULTURE : the raising or production of plants or plant products (including horticulture, grape raising, forestry) and/or the raising or keeping of animals primarily for food, and the keeping and use of animals for such activities.

ANIMAL HUSBANDRY : the raising or keeping of animals other than personal pets.

BUILDING : a structure with exterior walls and a roof, designed for the shelter of persons, animals, or property.

CONDOMINIUM : a multi-family house or houses in which the dwelling units are individually owned.

DRIVEWAY : a portion of a lot which is prepared for vehicular traffic and which provides access from a street to or towards a structure on a lot.

COMMON DRIVEWAY : a private way which serves as a common vehicular access to two (2) residential lots. No driveway or portion of a driveways length may be used as frontage to satisfy the requirements of Huntington's Zoning By-Law.

       **Webmasters Note: The previous definition has been amended as per an update approved at a town meeting held on 5/2/05.

DWELLING UNIT : a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

HOME OCCUPATION : The pursuit of an occupation on a lot by a resident of the lot. (5/11/96)

HOUSE : a permanent building containing one or more dwelling units.

MULTI-FAMILY HOUSE : a house containing more than two dwelling units.

SINGLE-FAMILY HOUSE : a house containing one dwelling unit with not more than three lodgers or boarders.

TWO-FAMILY HOUSE : a house containing two dwelling units with not more than three lodgers or boarders per dwelling unit, boarding house.

TOURIST HOUSE : a dwelling unit arranged or used for lodging, with or without meals, by more than three lodgers or boarders.

JUNKYARD : storage in the open of used items offered for sale. Also any lot with more than three unregistered and ungaraged automotive vehicles or parts thereof, except that open storage for sale of unregistered automotive vehicles by a licensed dealership is not a junkyard.

KENNEL : the raising or keeping of more than three dogs on a lot.

LOT : a measured parcel of land having fixed boundaries and designated on a plot or survey, all as described in a current deed of record, including all conveyances of record thereto. (A conveyance is a deed transferring land from one lot to another.)

LOT LINE : a line dividing one lot from another, or from a street or public place.

LOT FRONT LINE : (See also street frontage) the portion or portions of a lot line that lie on the line of a street. (2/11/87)

LOT SIDE LINE : that portion of a lot line or lines which is not a lot front line. Includes lot rear line.

MANUFACTURE : the production for sale of articles by standardized methods, primarily by means of stationary or self actuated power driven machinery.

MANUFACTURED HOME : with the definition as per M.G.L. 32Q which reads "a structure, built in conformance to the National Manufactured Home Construction and Safety Standards Act, [HUD standards CFR 3280] which is transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems therein and in conformance with MA state fire code.

MANUFACTURED HOME : with the definition as per M.G.L. 32Q which reads "a structure, built in conformance to the National Manufactured Home Construction and Safety Standards Act, [HUD standards CFR 3280] which is transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems therein and in conformance with MA state fire code.

MANUFACTURE, SMALL SCALE : manufacture in which total production and assembly space is no more than 2000 square feet.

PUBLIC WAY : A right-of-way that has been established by public authority as a Town or County Road, or State or Interstate Highway. (5/11/96)

RESIDENCE : a lot containing a house or manufactured home.

RIVERBANK : the upper bank boundary, defined as the mean annual flood level or the first observable break in the slope, whichever is lower, as specified in 310 CMR 10. 5(2) (a&c).

ROAD : a right of way which has been prepared for vehicular traffic.

SATELLITE RECEIVING SYSTEM (INCLUDES DISH ANTENNA) : an apparatus capable of receiving signals from a transmitter or transmitter relay located in planetary orbit.

STABLE : raising or keeping more than two horses on a lot for other than agricultural use.

STREET : a road which is certified by the Town Clerk as a public way or which has been constructed as shown on an approved definitive plan of subdivision.

STREET FRONTAGE : the maximum continuous extent of a lot front line.

STREET LINE : the dividing line between a street and a lot, established by public authority. If street lines have not been so established, they shall be deemed to exist twenty five feet on each side of the center line of the street.

STRUCTURE : a combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, antenna mast, satellite receiving system, swimming pool, windmill, dam, or the like, including a part or parts thereof.

USE, ACCESSORY : a use which is subordinate or incidental to another use on the same lot.

USE, OCCASIONAL : a use on a lot which is carried on no more than fourteen consecutive days and no more than thirty days in all in any one year.

USE, PRINCIPAL : a use on a lot which is not accessory and is more than occasional. Where not otherwise indicated, the term `use' in this By-Law shall mean `principal use and uses accessory thereto.

USE, VARIETY : two or more business uses combined in an integrated operation, e.g., grocery plus package store plus gasoline service. Possibly includes residential use by owners or proprietors.

USES, COMPATIBLE : two or more uses on a lot such that no use interferes with, detracts from, or is inappropriate to any other use.

USES, COMPLIMENTARY : two or more uses on a lot which enhance each other or which fit together harmoniously and in such a way as to make it natural and appropriate that they be carried out on the same lot.

AQUIFER; HAZARDOUS MATERIAL, IMPERVIOUS SURFACES, LEACHABLE MATERIALS; PRIMARY AQUIFER RECHARGE AREAS, SECONDARY RECHARGE AREAS : see Zoning Map, Aquifer Protection District.

EARTH REMOVAL OPERATIONS : The processing and/or removal of sand, gravel, clay, mineral deposits, quarried stone or sod, or any action that causes the alteration of earth, sand, rock, gravel, vegetation, or similar material, on land not covered under another permit, within the legal limits of the Town of Huntington. Earth Removal Operations shall include all land impacted by the operation (e.g.: pits, fill or storage piles, access ways and/or structures). Topsoil and/or loam are not to be included as acceptable commercial products for earth removal operations and must remain on site.

EROSION : The process by which the ground surface is worn by natural forces such as wind, water, ice, gravity, or by artificial means.

FILL :

       1. Soil, earth, sand, gravel, rock, or other similar material which is deposited, placed, pushed, pulled, or transported, and includes the conditions that result from that act. Note: Construction waste such as asphalt or rubble is not permitted as fill for the purpose of this bylaw.

       2. Any act by which soil, earth, sand, gravel, rock, or other similar material is deposited, placed, pushed, pulled, or transported.

OVERBURDEN : Compostable vegetation, leaf mold, humus, subsoil and any other organic material to a depth of eleven inches.

RECLAMATION : The process of grading and restoring soil and vegetation to a disturbed area.

SEDIMENT : Organic material or minerals transported or deposited into any body of water, by the movement of wind, water, ice, gravity, or by artificial means.

SLOPE : An area that is more or less steep, as measured by vertical rise over a horizontal distance, expressed as a percentage or ratio. For example, a rise of ten feet over thirty horizontal feet is a slope of 33% or a ratio of one to three.

TEMPORARY : Deleted.

       **Webmasters Note: The previous definition has been deleted as per Case No. 1763 from Special Town Meeting 6/20/01.

TEST DIG : Any removal of earth with the intention of determining its composition and/or market value.

ADULT BOOKSTORE : An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section 31 of chapter 272.

ADULT MOTION PICTURE THEATER : An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.

ADULT PARAPHERNALIA STORE : An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.

ADULT VIDEO STORE : An establishment having a substantial or significant portion of its stock in trade videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in section thirty-one of chapter two hundred and seventy-two.

ESTABLISHMENT WHICH HAS LIVE NUDITY FOR ITS PATRONS : Any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in section thirty-one of chapter two hundred and seventy-two.

APPLICANT - The person who applies for the approval of a Plan of a proposed Subdivision. The applicant or applicants must be the owner or owners of all the land included in the proposed subdivision. 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 the officers and designated authority to sign legal documents shall be required for a corporation.

BOARD - The Planning Board of the Town of Huntington.

BUILDING - A dwelling, shed, or garage, etc. Not to be interpreted as a sewer, water, or other utility.

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 any other person authorized by the Planning 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 Planning Board.

DEVELOPER OR SUBDIVIDER - The owner of land being subdivided, acting directly or through an authorized agent or attorney or assigns.

DEVELOPMENT IMPACT STATEMENT (DIS) - A documented, written analysis of a proposed subdivision which provides the Planning Board and its agents with information necessary for plan review. Prepared by the applicant, a DIS shall be prepared in a format which is clear, concise and complete. Any intentional effort to create confusion or otherwise mislead the Planning Board may be deemed grounds for rejection of the application and loss of all fees attached.

ENGINEER - Any person who is registered or otherwise legally authorized by the State of Massachusetts to perform professional civil engineering services.

GENERAL LAWS (ABBREVIATED MGL )- The General Laws of the Commonwealth of Massachusetts, as amended.

MUNICIPAL SERVICES - Sewers, water drains, water pipes, gas pipes, electrical lines, telephone lines, fire alarm lines, and their respective appurtenances.

OWNER - The owner of record as shown by the records in the Hampshire County Registry of Deeds or Land Court.

PLAN, DEFINITIVE - A proposed, detailed plan of a subdivision submitted by the applicant to be recorded in the Registry of Deeds or Land Court when approved by the Planning Board.

PLAN, PRELIMINARY - A plan of a subdivision submitted' by the applicant showing sufficient information to form a clear basis for discussion and clarification of its general contents and for preparation of a definitive Plan.

SUBDIVISION

       a. The act of dividing a tract of land into two or more lots, including re-subdivision.

       b. The product of the act of subdividing (i.e. the completed development).

       (Subdivision and divisions of land that do not constitute a subdivision are further defined in the Massachusetts Subdivision Control Law and applicable case law.)

SUBDIVISION CONTROL LAW - §81-K to §81-GG, inclusive, of Chapter 41, of the General Laws of the Commonwealth of Massachusetts, entitled "Subdivision Control", as last amended.

STREETS ("Major, Secondary and Minor" further defined in §8.06 (2) of these Rules)

MAJOR STREETS - a street which, in the opinion of the Board, is likely to carry substantial volumes of through traffic.

SECONDARY STREETS - a street other than a major street which, in the opinion of the Board, is likely to carry traffic other than just to or from lots on that street.

MINOR STREETS - a street which is likely to be used only by vehicles traveling to or from lots on that street.

DEAD END STREETS/CUL-DE-SAC - a public or private vehicular right-of-way which affords the principal means of access to abutting property and which has no exit and intersects with another street only at its entrance.

SURVEYOR- Any person who is registered or otherwise legally authorized by the State of Massachusetts to perform land surveying services.

TURNAROUND - A widening and/or other alteration of a street to enable vehicles to reverse direction, normally at the dead end of a street.

USGS - United States Geological Survey. Refers to most recent data set readily available.

WAY - A right-of-way or means of access to a lot. A public way is one which has been accepted by the Town of Huntington or has otherwise been created as a public street. Any other way over land which is privately owned, but which is set forth by deed covenant, deed description, or other means is a private way.