ACCESSORY BUILDING - A building devoted exclusively to an accessory use as herein defined, and not attached to a principal building by any roofed structure.
ACCESSORY DWELLING UNIT A dwelling unit which is incidental to the use of the principal structure on the same lot and located in a Historic Accessory Building pursuant to a Special Permit issued under Section 6.11 of this By-Law.
Note: §1.4 was amended by Article 32 at the 2009 Annual Town Meeting.
ACCESSORY USE - An activity incidental to and located on the same premises 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, except for institutional (religious or educational uses) parking lots used by others, with owner's consent, not conducting business within such institution.
Note: §1.4 was amended by Article 30 at the 2009 Annual Town Meeting.
APARTMENT HOUSE - A dwelling containing no fewer than five dwelling units.
ARTERIAL STREET - Any State-numbered highway, any other street segment with right-of-way width of 60 feet or more, and the following named streets:
Belmont Street
Blanchard Road
Bright Road Mill Street
Brighton Street (east of Pleasant Street)
Cross Street
Lake Street
Leonard Street
Lexington Street
Trapelo Road
BASEMENT - A portion of a building partially underground, but having less than 60% of its clear height below grade (see cellar).
Note: §1.4 was amended by Article 18 at the 2005 Annual Town Meeting.
BLOCK - An area of land of one or more lots, bounded by streets or ways, but with no streets or ways within the area.
BUILDING - A roofed structure enclosing useful space.
CATERING SERVICE - An establishment that prepares, serves, and supplies food in large quantities to be delivered and consumed off premises. Deliveries of food products occur on a regular basis.
Note: §1.4 was amended by Article 9 at the 2003 Special Town Meeting.
CELLAR - A portion of a building partially underground, having 60% or more of its clear height below grade (see basement).
Note: §1.4 was amended by Article 18 at the 2005 Annual Town Meeting.
CHILD CARE, LARGE FAMILY - A 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, and receives for temporary custody and care for a limited number of hours, children of school age in accordance with regulations promulgated by the Office of Child Care Services; provided however, that the number of children under the age of sixteen in a large family child care home shall not exceed ten, including participating children living in the residence. A large family child care home shall have at least one additional approved care giver present when the total number of children participating in such child care exceeds six. Large family child care 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.
Note: §1.4 was amended by Article 5 at the 1999 Second Special Town Meeting.
CMR - Code of Massachusetts Regulations.
COMMERCIAL VEHICLE - A vehicle that has ladders, tools, stock or supplies, lettering or advertising that covers an area greater than 18 by 24 inches on either side visible from the outside, or any vehicle with a GVW of 10,000 lbs. or more. Use of a tarpaulin or like cover shall not exempt a vehicle from this definition.
Note: §1.4 was amended by Article 26 at the 2001 Annual Town Meeting.
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 preschool, 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 nonresidential 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 educational system unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; a Sunday School conducted by a religious institution; a facility operated by a religious organization 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; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefore provided, in the last two instances, such arrangement or care shall not be for more than five children including participating children living in the residence.
DEP - Massachusetts Department of Environmental Protection.
Note: §1.4 was amended by Article 26 at the 1995 Annual Town Meeting.
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DWELLING - A building containing one or more dwelling units separated by side yards from any other structure or structures except accessory buildings.
DWELLING UNIT - A building or portion of a building intended as living quarters for a single family, having a single set of kitchen facilities (a stove plus either or both refrigerator and sink) not shared with any other unit; or quarters for up to five persons in a dormitory, congregate dwelling, or similar group dwelling.
EPA - U.S. Environmental Protection Agency.
FACADE-MOUNTED WIRELESS TELECOMMUNICATIONS FACILITY - A Wireless Telecommunications Facility, other than a Roof-Mounted Wireless Telecommunications Facility, mounted on, erected on or supported in whole or in part by an existing building or structure, occupied or used primarily for purposes other than wireless telecommunication.
Note: §1.4 was amended by Article 25 at the 1998 Annual Town Meeting.
FAMILY - One or more persons, including domestic employees, occupying a dwelling unit and living as a single nonprofit housekeeping unit; provided that if five or more persons of the group occupying said dwelling are not kindred to each other, as defined by civil law, they shall not be deemed to constitute a 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 the total number of children under 16 in a family day care home shall not exceed six, including participating children living in the residence. 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.
FLOODPLAIN - The area of land susceptible to flooding or inundation from a particular body of water, including a pond, a river or a stream during a Base Flood.
FLOOR AREA, GROSS - The sum of the horizontal areas of the several floors of all buildings on the same lot, measured from the exterior face of exterior walls, including basements and any interior parking and loading areas, but not including cellars or areas having less than six feet floor-to-ceiling height.
FLOOR AREA RATIO - The ratio of gross floor area to lot area of the premises. In determining gross floor area for these purposes only, any building area having floor-to-ceiling height in excess of 15 feet shall be counted twice.
FREESTANDING WIRELESS TELECOMMUNICATIONS FACILITY - A Wireless Telecommunications Facility mounted on, erected on or supported by any freestanding monopole, lattice tower, or similar freestanding structure.
Note: §1.4 was amended by Article 25 at the 1998 Annual Town Meeting.
G.L. - Massachusetts General Law.
GRADE - The average of the ground level adjoining the building at all exterior walls based upon the existing contour lines. Contour lines shall be illustrated on a plan and shall be established prior to any filling or earth moving/removal activities. The grade shall not be altered more than 12 inches to allow for proper drainage.
Note: §1.4 was amended by Article 18 at the 2005 Annual Town Meeting.
GROUND FLOOR - The floor which is nearest to the average grade of the sidewalk or ground adjoining the building.
HEIGHT, BUILDING - The vertical distance from the grade to: the highest point of the roof or parapet for flat or shed roofs; the midpoint between the lowest and highest points of the roof for gable, hip and gambrel roofs (upper roof pitch 4" per foot or greater); or the point of change in roof slope for mansard roofs (upper roof pitch under 4" per foot).
Note: §1.4 was amended by Article 31 at the 1991 Annual Town Meeting.
Note: §1.4 was further amended by Article 18 at the 2005 Annual Town Meeting.
Note: §1.4 was further amended by Article 28 at the 2006 Annual Town Meeting.
INTERIOR WIRELESS TELECOMMUNICATIONS FACILITY - A Wireless Telecommunications Facility mounted inside, erected inside or supported entirely within an existing building or structure, occupied or used primarily for other purposes, and not visible from any public way or adjoining property.
Note: §1.4 was amended by Article 25 at the 1998 Annual Town Meeting.
LODGING AND BOARDING - Rental of not more than three rooms without separate cooking facilities, as an accessory use within a dwelling, if not resulting in more than four unrelated persons being accommodated on the premises.
LOT - The whole area of a single parcel of land under one ownership. Whenever such a parcel is divided on a plan which has been placed on file at the Middlesex South District Registry of Deeds at Cambridge, the term lot as used in this By-Law shall mean a lot as shown on such plan.
LOT AREA - The horizontal area of a lot exclusive of any area in a street or recorded way open to public use. At least 90% of the lot area required for compliance shall also be exclusive of areas subject to protection under the Wetlands Protection Act, Section 40, Chapter 131, Massachusetts General Law, for reasons other than being subject to flooding. If the distance between any two points on lot lines is less than 50 feet, as measured in a straight line, the smaller portion of the lot as divided by that line shall not be included in lot area unless the two points are separated by less than 150 feet measured along lot lines.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
LOT COVERAGE - Percentage of total lot area covered by structures or roofed.
LOT FRONTAGE - The boundary of a lot on land coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site. Measured continuously along one street line between side lot lines. In the case of corner lots, measured on the street designated by the owner or, failing that, by the Building Inspector as the frontage street, between the side lot line and the midpoint of the corner radius.
MOTOR VEHICLE SERVICE STATION - Premises devoted primarily to retail sale of fuels and lubricants and/or washing of motor vehicles, with any repair services or other sales or services of secondary importance.
NPDES - National Pollution Discharge Elimination System.
OPEN SPACE - An open area on a lot, unbuilt on, containing landscape materials, pedestrian walks, patios, recreational facilities, but excluding driveways and parking spaces.
OTHER RETAIL SALES AND SERVICES - An establishment primarily engaged in the retail sale of goods, services and/or products (including baked products, ice cream, and/or candy for consumption off site with no seating provided on site). Such uses may include incidental food service.
Note: §1.4 was amended by Article 9 at the 2003 Special Town Meeting.
PARKING SPACE - An area in a building or on a lot available for parking one automobile, exclusive of passageways and driveways appurtenant thereto, and having free and unimpeded access to a street over unobstructed passageways or driveways.
PATIO - A paved recreational area, not elevated above adjacent existing grade, separated by plant material or structures from all driveways and not itself to be used for parking.
Note: §1.4 was amended by Article 19 at the 2000 Annual Town Meeting.
PREMISES - A lot together with all structures, buildings, and uses thereon and including any water bodies and watercourses or parts thereof.
RESTAURANT - An establishment at which the principal activity is the preparation, service, and sales of food for consumption on the premises.
Note: §1.4 was amended by Article 9 at the 2003 Special Town Meeting.
RESTAURANT, FAST FOOD - An establishment whose primary business is the sale of food for consumption on 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; (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; (d) which, because of the nature of the operation sells large volumes of food; but not including drive-up windows.
Note: §1.4 was amended by Article 9 at the 2003 Special Town Meeting.
RESTAURANT, TAKE OUT - An establishment whose primary business is the sale of food for consumption 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; (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; (d) which, because of the nature of the operation sells large volumes of food; (e) commonly generates a large volume of vehicular traffic, but not including drive-up windows.
Note: §1.4 was amended by Article 9 at the 2003 Special Town Meeting.
ROOF-MOUNTED WIRELESS TELECOMMUNICATIONS FACILITY - A Wireless Telecommunications Facility mounted on, erected on or supported in whole or in part by the roof of an existing building or structure, occupied or used primarily for purposes other than wireless telecommunication.
Note: §1.4 was amended by Article 25 at the 1998 Annual Town Meeting.
SATELLITE ANTENNA - A device or instrument, other than a Wireless Telecommunications Facility, for the transmittal or reception of television or other electronic communications.
Note: §1.4 was amended by Article 24 at the 1996 Annual Town Meeting.
Note: §1.4 was further amended by Article 26 at the 1998 Annual Town Meeting.
SCHOOL-AGED CHILD CARE HOME - Any private residence which, on a regular basis, receives for temporary custody and care during part or all of the day, school-aged children, when such children are not required to attend school; provided, however, that the total number of children in a school-aged child care home during the portion of the year when school is in session shall not exceed eight, and during the summer months when school is not in session shall not exceed six, including in each case participating children living in the residence. School-aged child care home shall not mean a private residence used for informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. The phrase 'school-aged children' shall mean children age 7 and older, not to exceed 14 years of age; however, special needs children shall qualify if not more than 16 years of age.
Note: §1.4 was amended by Article 39 at the 1994 Annual Town Meeting.
SETBACK - An area open to the sky, located between a street or other property line and any structure or element thereof other than a fence, wall, or other customary yard accessory. Setback is measured perpendicular to the street or property line.
Note: §1.4 was amended by Article 28 at the 2006 Annual Town Meeting.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
SETBACK, FRONT - A setback taken from a street line. Typically, corner and through lots must provide two front setbacks.
SETBACK, REAR - A setback taken from a rear property line, that is, typically a line or set of lines approximately parallel to the street frontage, and separating lots whose frontage is established on different streets. Setbacks on irregularly shaped lots where "side" versus "rear" is indeterminate shall be construed as rear setbacks.
SETBACK, SIDE - A setback taken from a side property line, typically a line or set of lines which intersect a street line, separating lots whose frontage is established on the same street. Corner lots commonly have one side setback and one rear setback.
SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the device is located, including any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights. The following, however, shall not be considered signs within the context of this By-Law:
a) flags and insignia of any government except when displayed in connection with commercial promotion;
b) legal notices, or informational signs erected or required by government bodies;
c) temporary signs inside display windows, covering not more than 50% of window area, illuminated by building illumination only;
d) standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline;
e) carved or other integral devices identifying the building name or date of erection, but not identifying occupants, and not illuminated; or
f) on-premises devices not exceeding four square feet, guiding traffic and parking, but bearing no advertising matter.
SIGN, ACCESSORY - Any sign that advertises, or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter. A sign on the exterior of a structure which advertises a product or service on more than 25% of the total area of the sign, which product or service does not constitute at least 25% of the gross sales made on the premises on which the sign is erected or maintained, is not an accessory sign.
SIGN, AREA OF
a) 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.
b) 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 triangle which encompasses all of the letters and symbols.
c) 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.
d) In computing the area of signs, both sides of V-shaped signs, but only one side of back-to-back signs, shall be counted.
SIGN, NON-ACCESSORY - Any sign not an accessory sign.
SIGN, STANDING - Any accessory sign that is not attached to a building.
SIGN, WINDOW - A sign posted, painted, placed or affixed in or on a window exposed to public view and is visible from the exterior of the building or a sign that is located within three feet of the glass of a window exposed to public view and visible from the exterior of the building.
Note: §1.4 was amended by Article 24 at the 2008 Annual Town Meeting.
SIGN, TEMPORARY - Any sign, including its supporting structure, intended to be maintained for a continuous period of not more than 100 days in any calendar year.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA) - The Board specifically designated in this Zoning By-Law to act upon a particular Special Permit. Where no Board is specifically designated herein for a particular Special Permit, the Board of Appeals shall act as the Special Permit Granting Authority.
Note: §1.4 was amended by Article 28 at the 2006 Annual Town Meeting.
STORY - That portion of a building, other than a cellar, included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, HALF - A space under a sloping roof where: a) the line of intersection of the rafter bottoms and the interior wall surface is not more than three feet above floor level on at least half the perimeter of the second floor, b) the potential space having headroom of five feet or more is not more than 60% as large as the second floor, c) provided that the length of any dormer does not exceed 75% of the length of the roofline of the side of the structure where the dormer is constructed, and d) for purposes of this calculation, when the height of the second floor is indeterminate, the height of the second floor (from finished floor to finished ceiling) shall be equal to 12 feet, the remaining portion of the wall shall be factored into the half-story calculation.
Note: §1.4 was amended by Article 22 at the 1998 Annual Town Meeting.
Note: §1.4 was further amended by Article 18 at the 2005 Annual Town Meeting.
STREET - Either:
a) a public way or a way which the Town Clerk certifies is maintained and used as a public way, or
b) a way approved by the Board of Survey, or
c)a private way that has been and is continually used as a means of vehicular access to the lots fronting on it provided said private way is shown on a subdivision plan recorded prior to September 21, 1988.
Note: §1.4 was amended by Article 27 at the 1995 Annual Town Meeting.
STRUCTURE - Anything constructed or erected, the use of which requires fixed location on the ground, including buildings, mobile homes, signs, swimming pools, and tanks, but for purposes of this By-Law not including walls, fences, or paving.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either,
a) before the improvement or repairs is started, or
b) if the structure has been damaged, and is being restored, before the damage occurred.
Substantial Improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term "Substantial Improvement" does not apply to either:
a) any improvements of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOL - An artificial receptacle capable of containing a body of water, whether in or above ground, or created by artificial means from a natural watercourse, and all appurtenances, equipment, appliances and other facilities for its operation, maintenance or use, used or intended to be used by the owner or tenant thereof and his/her family and by friends invited to use it without payment of any fee, but not including portable or other pools incapable of containing a depth of water exceeding 24 inches at any point.
WATERCOURSE - The natural channel of a stream or river through which springs, surface runoffs, and rain waters are carried during normal weather conditions.
WETLAND - Wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent plant communities in inland waters; that portion of any bank which touches any inland waters, as defined in DEP Regulations adopted for implementation of the Wetlands Protection Act.
WINDOW DISPLAY - Any arrangement or presentation of merchandise placed within three feet of a window but not including any pricing, dollar amount or signage intended to augment the display of the merchandise. Signs associated with a window display are considered a window sign for the purposes of this By-Law.
Note: §1.4 was amended by Article 24 at the 2008 Annual Town Meeting.
WIRELESS TELECOMMUNICATIONS FACILITY - Any tower, antenna, or appurtenant structure or equipment used to provide wireless telecommunications services to individuals or institutions, but not including an amateur radio facility used in accordance with the terms of any amateur radio service license issued by the U.S. Federal Communications Commission, provided that (1) the facility is not used or licensed for any commercial purpose; and (2) the facility shall be removed upon loss or termination of such license.
Note: §1.4 was amended by Article 25 at the 1998 Annual Town Meeting.
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICT means floodplain district.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100- year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
REGULATORY FLOODWAY see FLOODWAY.
SPECIAL FLOOD HAZARD AREA means an area having special flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30 or VE.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
ACCESSIBLE : When used with respect to the design, construction, or alteration of an individual dwelling unit, means that the unit is located on an accessible route and when designed, constructed, altered or adapted can be approached, entered, and used by individuals with physical handicaps.
AFFORDABLE HOUSING TRUST FUND : An account established and operated for the exclusive purpose of creating or preserving affordable housing in the Town of Belmont.
a. The Affordable Housing Trust Fund may be used for the following purposes, including but not limited to, the purchase and improvement of land, the purchase of housing units or the development of new and/or rehabilitated housing units for purchase or rental by Qualified Affordable Housing Purchasers or Tenants or to preserve existing affordable housing. Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority vote of the Board of Selectmen.
AFFORDABLE HOUSING UNIT : A housing unit that by Deed Restriction is and will remain:
a. available for sale and sold at a selling price that will result in an Annual Shelter Cost of not more than thirty percent (30%) of the annual income of a Qualified Affordable Housing Unit Purchaser; or
b. available for rental and rented at an annual rent, including all mandatory or unavoidable fees, that will result in an Annual Shelter Cost of not more than thirty percent (30%) of the annual income of a Qualified Affordable Housing Unit Tenant, not including any housing unit rented to a tenant receiving rental assistance pursuant to a state or federal rental assistance program; or
c. affordable to and occupied by a low- or moderate-income household, meets the definition of low- or moderate-income housing at 760 CMR 30.02, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program (LIP).
Note: §6.10.2.3) c. was amended by Article 28 at the 2004 Annual Town Meeting.
ANNUAL SHELTER COST :
a. For owners, the aggregate of annual charges for debt service on a mortgage (assuming a 5% down payment), real estate taxes, homeowner's insurance, and condominium fees if applicable.
Note: §6.10.2.4) a. was amended by Article 28 at the 2004 Annual Town Meeting.
b. For tenants, the aggregate of annual charges for rent, utilities (except telephone) and renter's insurance.
BELMONT RESIDENT : a Belmont Resident is:
a. an individual or family maintaining a primary residence within the Town of Belmont; or
b. an individual who is employed at least 30 hours per week within the Town of Belmont; or
c. a parent or guardian with children attending the Belmont Public Schools; or
d. a person who, within the fifteen years immediately preceding application for a Belmont affordable housing unit, actually attended the Belmont Public Schools.
DEED RESTRICTION : A provision, acceptable in form and substance to the Town of Belmont, in a deed to real property that runs with the land in perpetuity or for the longest period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property. Any restriction created under this ByLaw shall survive any bankruptcy, insolvency, or other action, and shall not be subject to nullification for any reason.
HOUSING UNIT : A dwelling unit or unit within a senior or assisted living facility.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT : A household with total annual income that does not exceed the following percentages of the median income of households in the Boston Standard Metropolitan Statistical Area, adjusted for household size, as determined annually by the United States Department of Housing and Urban Development (as amended):
a. For a purchaser of a single-family home: eighty percent (80%);
b. For a purchaser of a condominium unit: eighty percent (80%);
c. For a tenant in a rental unit: eighty percent (80%).
HISTORIC ACCESSORY BUILDING is an accessory building such as a free-standing barn, greenhouse or carriage house built before 1921, which is located on the same lot as the principal building to which it is accessory, and which is either:
a) listed on the Inventory of the Historic and Archaeological Assets of the Commonwealth as maintained by the Massachusetts Historic Commission; or
b) listed on the National Register or State Register of Historic Places; or
c) specifically designated as a "Historic Accessory Building" by the Belmont Historic District Commission, using the criteria for evaluation established for determining eligibility for the National Register of Historic Places.
AASHTO The American Association of State Highway and Transportation Officials.
ADMINISTERING AGENCY - An organization designated by the Belmont Board of Selectmen, which may be the Belmont Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this By-Law related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the OL. In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the Belmont Board of Selectmen or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Belmont Board of Selectmen or, in the absence of such timely designation, by an entity designated by the DHCD.
AFFORDABLE UNIT an Affordable Rental Unit or an Affordable Homeownership Unit that is affordable to and occupied by an Eligible Household.
AFFORDABLE HOUSING RESTRICTION A deed restriction of an Affordable Homeownership Unit meeting the requirements in Massachusetts General Law, Chapter 184, Section 31 and the requirements of this By-Law.
AFFORDABLE RENTAL UNIT A dwelling unit required to be rented to an Eligible Household in accordance with the requirements of this By-Law.
AFFORDABLE HOMEOWNERSHIP UNIT A dwelling unit required to be sold to an Eligible Household in accordance with the requirements of this By-Law.
ALLEY A roadway or shared driveway on which no primary buildings have front doors and the primary purpose of which is to provide immediate access to garages and private parking spaces serving such buildings.
APPLICANT A landowner or other petitioner that files a site plan for a Development Project subject to the provisions of the OL.
APPROVING AUTHORITY The Planning Board of the Town of Belmont acting as the authority designated to review projects and issue approvals under this By-Law.
AS-OF-RIGHT DEVELOPMENT - A Development Project allowable under this By-Law without recourse to a Special Permit, Variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Site Plan Review requirement of this By-Law shall be considered an As-of-Right Development.
BASEMENT A portion of a building partially underground, but having less than sixty percent (60%) of its clear height below grade (see Cellar).
CELLAR - A portion of a building partially underground, having sixty percent (60%) or more of its clear height below grade (see Basement).
CONVENT The residential building located within the OL Church Buildings Sub-District as of the date of adoption of this By-Law.
DHCD The Massachusetts Department of Housing and Community Development (DHCD) or any successor agency.
DESIGN STANDARDS The document entitled Belmont The Oakley Neighborhood Smart Growth Overlay District Design Standards, as amended, approved by DHCD on April 18, 2008, pursuant to Massachusetts General Law, Chapter 40R, Section 10. The Design Standards are applicable to all Development Projects within the OL that are subject to Site Plan Review by the Approving Authority.
DEVELOPMENT LOT One or more lots which are designated as a Development Lot on a site plan for a Development Project proposed within the OL and for which Site Plan Approval is required under the provisions of this By-Law. The lots comprising a Development Lot need not be in the same ownership. Where the Development Lot consists of more than a single lot, the lots, in combination, shall be treated as the Development Lot, may be contiguous or non-contiguous, and at the discretion of the Approving Authority, may be considered as one lot for the purpose of calculating parking requirements.
DEVELOPMENT PROJECT A residential development undertaken under this Section 6C. The limits of a Development Project shall be identified on the Site Plan which is submitted to the Approving Authority for Site Plan Review.
DWELLING A building containing one or more dwelling units separated by side yards from any other structure or structures except accessory buildings. The following types of Dwellings are specifically defined:
a. Multi-Family Dwelling A single residential building containing more than three Dwelling Units designed for occupancy by the same number of families as the number of Dwelling Units.
b. Single-Family Detached Dwelling A detached residential building containing a single Dwelling Unit, other than a mobile home, designed for occupancy by one family only and located on a distinct lot.
c. Three-Family Dwelling A single residential building containing three Dwelling Units.
d. Two-Family Dwelling A single residential building containing two Dwelling Units.
DWELLING UNIT A building or portion of a building intended as living quarters for a single family, having a single set of kitchen facilities (a stove plus either or both refrigerator and sink) not shared with any other unit.
ELIGIBLE HOUSEHOLD An individual or household whose annual income is below eighty percent (80%) of the area-wide Median Household Income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
FAMILY One or more persons, including domestic employees, occupying a dwelling unit and living as a single nonprofit housekeeping unit; provided that if five or more persons of the group occupying said dwelling are not kindred to each other, as defined by civil law, they shall not be deemed to constitute a family.
HEIGHT, BUILDING The vertical distance from the grade to:
a. the highest point of the roof or parapet for flat or shed roofs;
b. the midpoint between the lowest and highest points of the roof for gable, hip and gambrel roofs (upper roof pitch 4" per foot or greater); or
c. the point of change in roof slope for mansard roofs (upper roof pitch under 4" per foot).
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
HISTORICALLY SIGNIFICANT BUILDINGS The Our Lady of Mercy church building located on Belmont Street built in 1927 in the Lombardy Romanesque style by the religious architectural firm of Maginnis and Walsh ("Church") and the Our Lady of Mercy rectory located on Lawndale Street, built in the Craftsman style in 1900 ("Rectory").
HOME OCCUPATION The use of a room or rooms in a Dwelling Unit as an office or studio by a resident provided said use is permitted pursuant to Section 3.4.2 of the Underlying Zoning.
HOUSEHOLD INCOME, MEDIAN The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
LOT The whole area of a single parcel of land under one ownership. Whenever such a parcel is divided on a plan which has been placed on file at the Middlesex South District Registry of Deeds at Cambridge, the term lot as used in this By-Law shall mean a lot as shown on such plan.
LOT COVERAGE Percentage of total lot area covered by structures or roofed.
LOT FRONTAGE The boundary of a lot on land coinciding with a street line if there are both rights of access and potential vehicular access across that boundary to a potential building site. Measured continuously along one street line between side lot lines. In the case of corner lots, measured on the street designated by the Applicant or, failing that, by the Building Inspector as the frontage street, between the side lot line and the midpoint of the corner radius.
OAKLEY NEIGHBORHOOD Association An unincorporated neighborhood association located in Precinct 6 comprised of Belmont residents owning or renting homes on streets near the Our Lady of Mercy real properties which organized in 2005 for the purpose of influencing and promoting appropriate future development of the Our Lady of Mercy real properties within the Oakley Neighborhood.
OL An overlay zoning district adopted pursuant to Massachusetts General Law, Chapter 40R, in accordance with the procedures for zoning adoption and amendment as set forth in Massachusetts General Law, Chapter 40A and approved by the Department of Housing and Community Development pursuant to Massachusetts General Law, Chapter 40R and 760 CMR 59.00.
OPEN SPACE An open area on a lot, unbuilt on, containing landscape materials, pedestrian walks, patios, recreational facilities, but excluding driveways and parking spaces.
RENOVATION Physical improvement that adds to the value of the real property. Painting, ordinary repairs, and other normal maintenance do not constitute a renovation.
SETBACK An area open to the sky, located between a street or other property line and any structure or element thereof other than a fence, wall, or other customary yard accessory. Setback is measured perpendicular to the street, property line or Sub-District boundary.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
SETBACK, FRONT - A setback taken from a street line. Typically, corner and through lots must provide two front setbacks.
SETBACK, REAR - A setback taken from a rear property line, that is, typically a line or set of lines approximately parallel to the street frontage, and separating lots whose frontage is established on different streets. Setbacks on irregularly shaped lots where "side" versus "rear" is indeterminate shall be construed as rear setbacks.
SETBACK, SIDE - A setback taken from a side property line, typically a line or set of lines which intersect a street line, separating lots whose frontage is established on the same street. Corner lots commonly have one side setback and one rear setback.
SHARED PARKING FACILITIES Off-street parking facilities designed and intended to serve more than a single Dwelling as shown on a Site Plan.
SITE PLAN A plan depicting a proposed Development Project for all or a portion of the OL and which is submitted to the Approving Authority for its review and approval in accordance with the provisions of Section 6C.12 of this By-Law.
SITE PLAN APPROVAL The Approving Authority's authorization for a proposed Development Project based on a finding of compliance with this By-Law and Design Standards after the conduct of a Site Plan Review.
SITE PLAN REVIEW The review procedure established by this By-Law and administered by the Planning Board of the Town of Belmont as the Approving Authority.
SUB-DISTRICT A specific and defined area of land within the OL that is subject to specific requirements for allowable uses or dimensional requirements that may differ from the requirements for allowable uses or dimensional requirements in other specific and defined areas within the OL.
UNDERLYING ZONING The zoning requirements adopted pursuant to Massachusetts General Law, Chapter 40A that are otherwise applicable to the geographic area in which the OL is located, as said requirements may be amended from time to time.
UNDULY RESTRICT A provision of the OL or a Design Standard that adds unreasonable costs or unreasonably impairs the economic feasibility of a proposed Development Project in the OL.
UNRESTRICTED UNIT A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants.
USE, ACCESSORY A use subordinate to the Principal Use on the same lot or in the same structure and serving a purpose customarily incidental to the Principal Use, and which does not, in effect, constitute conversion of the Principal Use of the lot, site or structure to a use not otherwise permitted in the OL.
USE, PRINCIPAL The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this Section 6C.
USE, RECREATION / COMMUNITY Any horticultural or active or passive recreational use of land such as for walking and bicycle paths, parks, gardens or other green spaces or use of buildings for community purposes such as meeting areas.
ZONING BY-LAW The Zoning By-Law of the Town of Belmont, Massachusetts, adopted in accordance with and pursuant the provisions of Massachusetts General Law, Chapter 40A.
ZONING MAP The Zoning Map of the Town of Belmont, Massachusetts, adopted in accordance with and pursuant the provisions of Massachusetts General Law, Chapter 40A.
ENFORCING PERSON as used in this Section 7.1.3 shall mean the Building Inspector and any other Town employee designated by the Board of Selectmen as an enforcing person.
TOWN shall mean the Board of Water Commissioners of the Town of Belmont, and/or the authorized agent thereof.
APPLICANT shall mean any person or persons, trust, firm, corporation, government, or governmental division who has applied for water main pipe extensions or service pipe connections and who agrees to pay for such extensions or connections in accordance with the provisions of the rules and/or regulations of the Board of Water Commissioners in relation thereto.
MAIN shall mean a water pipe, owned, operated and maintained by the Belmont Water Department, which is used for the purpose of transmission or distribution of water but is not a water service pipe.
WATER MAIN PIPE EXTENSION shall mean the water pipes as described above proposed to be installed in streets, lands or other locations, including all appurtenances and connections to such main pipes, which the Board of Water Commissioners may deem essential and necessary in connection therewith from the standpoint of good water works engineering and practice.
SERVICE PIPE shall mean the pipe running from the main to the premises of the applicant or customer.
CUSTOMER shall refer to any person or persons, trust, firm, corporation, government, or governmental division who has applied for and is granted water service.