[Amended 10-1992 STM by Art. 11]
This chapter is hereby established for the following purposes:
to promote the health, safety, convenience and welfare of the Town's
inhabitants; to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent overcrowding of land; to avoid undue concentration
of population; to encourage housing for persons of all income levels;
to facilitate the adequate provision of transportation, water, sewerage
system, schools, parks, open space and other public requirements;
to conserve the value of lands and buildings; to encourage the most
appropriate use of land throughout the Town; to conserve natural resources;
to prevent blight and pollution of the environment; and to preserve
and increase its amenities.
[Amended 5-10-1994 ATM by Art. 50; 10-29-1996 STM by Art. 18; 5-27-1998 ATM by Art. 48; 5-16-2001 ATM by Art. 56; 10-8-2002 STM by Art. 22; 5-7-2003 ATM by Art. 36]
As used in this chapter, certain terms shall have specific meanings
as defined below. Terms and words not defined herein but defined in
the Subdivision Control Law[1] shall have the meanings given therein. Words not defined
in either place shall have the meaning given in Webster's Unabridged
Dictionary, latest edition.
A detached building or structure which is incidental to and
customarily associated with a principal use or building on the same
site.
A use which is incidental to and customarily associated with
a principal use on the same site.
A street designated on a plan for transporting grading equipment
or hauling material.
Forty-three thousand five hundred sixty square feet.
Any construction which increases the size of a building or
structure in terms of site coverage, height, length, width or gross
floor area.
The official street number assigned by the Town Engineer
for a specific lot, building or portion thereof.
A lot or parcel of land that shares all or part of a common
lot line with another parcel of land.
Any person providing written verification that he/she is
acting for, and with the knowledge and consent of, a property owner.
(See "developer.")
Land primarily and directly used in raising animals, growing
food for human consumption, feed for animals, tobacco, flowers, sod,
trees, nursery or greenhouse products, forest products or ornamental
plants and shrubs to sell.
The traveled way by which cars enter and depart parking spaces.
Any change or rearrangement in the structural members of
an existing building, such as bearing walls, columns, beams or girders
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another location on site.
An establishment including but not limited to video game
arcades, bowling alleys, movie theaters, miniature golf facilities
and similar activities.
An establishment for the dispensing of medical services to
domesticated animals. Said establishment shall not be used as a kennel
for the boarding of five or more healthy animals.
A multiunit dwelling consisting of three or more families
living independently of each other.
American Society of Testing Materials.
An establishment primarily engaged in the repair, painting
or refinishing of body, fender or frame of motor vehicles.
An establishment primarily engaged in the repair of automobiles,
noncommercial vehicles, motorcycles, recreational vehicles or boats,
including the sale, installation and servicing of equipment and parts.
Typical uses include muffler shops, auto repair garages, tire sales
and installation, wheel and brake shops, lubrication shops and similar
repair and service activities. Said uses shall not include vehicle
dismantling or salvage, autobody services or the sale/dispensing of
motor fuels.
A facility for the housing, maintenance and operation of
small aircraft. In no instance shall this definition be construed
to allow aircraft with more than two propellers, helicopters or aircraft
powered by jet engines.
Returning a site to its existing or approved grades after
land disturbance activities.
An establishment where money is stored for savings or commercial
purposes or is invested, supplied for loans or exchanged.
That portion of a building or structure which is partly below
and partly above grade, and having at least 1/2 its height above grade.
Solid undisturbed rock in place either at the ground or beneath
surficial deposits of loose rock, soil, sand or gravel.
The start of permanent construction of a structure on a site;
the pouring of slabs, footings or foundations, installation of piles,
construction of columns, or any work beyond the stage of excavation.
Construction does not include site preparation, such as clearing,
grading, filling; excavation for a basement, footings, piers, or foundations;
or the erection of temporary forms.
A relatively level step excavated into earth material on
which fill is to be placed.
A raised area used to screen a site or control runoff.
A fixed or dynamic single- or multiple-sided, freestanding
sign larger than 40 square feet in gross area, which does not advertise
a business or profession conducted, a service offered or a commodity
sold upon the premises where such sign is located, and which is subjected
to MGL c. 93, §§ 29 to 33, and the rules and regulations
of the Office of Outdoor Advertising.
[Added 3-17-2015 by Ord.
No. 14-066(1)]
A facility located on the waterfront for storing, servicing,
fueling, launching, berthing and securing pleasure boats. Said facility
may include accessory retail and eating facilities for owners, crews,
and guests.
The practice of physical body adornment using, but not limited
to, the following techniques: body piercing, tattooing, branding,
and scarification. This definition does not include practices that
are considered medical procedures by the Board of Registration in
Medicine in the Commonwealth, such as implants under the skin, which
shall not be performed in a body art establishment.
A place or premises where the practices of body art are performed.
A body art establishment shall not be located within 1,000 feet of
any school. Any body art establishment located within any shopping
center shall require a special permit independent of any special permit
issued for a shopping center use.
The puncturing or penetration of the skin of a person with
single-use needles and the insertion of jewelry or other adornment
thereto in the opening. This definition does not include the piercing
of ears.
Earth material acquired from an off-site location for use
in grading activities on a site.
Inducing a pattern of scar tissue by use of a heated material
to the skin.
An area between two adjacent land uses or properties intended
to separate and partially obstruct the view from one to the other.
Said areas shall be maintained open, unpaved, not built upon and not
used for parking or for storage of any kind.
The area of a lot remaining after the minimum yard, buffer
strip and open space requirements of this chapter have been met.
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property, including tents, lunch
wagons, dining cars, camp cars, trailers and other roofed structures
on wheels or other supports used for residential, business, mercantile
storage, commercial, institutional, assembly, educational or recreational
purposes. For the purpose of this definition, "roof" shall include
an awning or similar covering whether temporary or permanent in nature.
The horizontal area measured within the outside face of the
exterior walls of all principal and accessory structures and buildings
on a lot.
The line generally parallel to the street or lot line at
a distance equal to the minimum setback requirement. No building or
structure, or portion thereof, may be constructed outside the building
line.
Written permission issued by the proper Town authority for
the construction, repair, alteration or addition to a structure.
Any building or structure which is not used for a residential
dwelling or essential service.
A building or portion thereof where services, clerical work,
professional duties and related activities are carried out. Services
offered are on an individual basis as opposed to services performed
on objects or personal property. Business/professional offices include,
but are not limited to, brokerage offices, insurance offices, professional
offices (i.e., accountants, engineers, lawyers, etc.), real estate
offices, ticket offices and travel agencies. Business/professional
offices do not include banks or "medical centers or clinics."
Preparation from a commercial kitchen of foodstuffs for service
elsewhere.
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
An area for the interment of deceased human beings.
The certificate issued by the Inspector of Buildings which
permits the use of a building in accordance with approved plans and
in compliance with the Zoning Bylaw.
Any use which differs from the existing use of a building
or land.
A building used for the purpose of religious assembly.
Removing the vegetative ground cover and/or trees, including,
but not limited to, root or topsoil removal.
A building, structure and premises used by a nonprofit social
or civic organization, or by an organization catering exclusively
to members and their guests for social, civic, recreational or athletic
purposes which are not conducted primarily for gain. For the purposes
of this chapter, a yacht club shall be considered a club or lodge.
A residential development in which buildings and accessory
uses are clustered together in one or more groups, separated from
adjacent property by open space, or open space landscaped, as authorized
by the Special Permit Granting Authority.
An area included within a district zoned commercial where
activities concerned with the fabrication, assembling, finishing or
packaging of products are allowed. The processing or alteration of
raw materials is not allowed in a commercial district.
The storage of boats and recreational vehicles in designated
areas. Said areas shall be surrounded by a fence at least six feet
in height.
Any establishment providing recreation facilities for admission
or by subscription, such as health clubs, racket clubs, skating rinks,
etc., whether such facilities are enclosed or not.
Any motor vehicle, designed for medium or heavy use, that
is 10,000 pounds' gross vehicle weight or greater.
An improved area providing access and egress for vehicles
to parking spaces, garages, dwellings or other structures.
Recreation-oriented center or facility such as drop-in center
or senior center, open to a broad public, excluding private membership
clubs.
The densification of soil or rock fill by mechanical means.
A volume of space created to replace losses in flood storage.
A housing development meeting all the requirements necessary
to make said development eligible for application for a comprehensive
permit under MGL c. 40B.
A noninstitutional, shared living environment which integrates
shelter and service needs for functionally impaired and older persons
who can maintain a semi-independent lifestyle and who do not require
constant supervision or intensive health care as provided by an institution.
Each congregate unit has its own bedroom and may have a separate or
shared living room, kitchen, dining area or bathroom.
Premises used by a construction contractor for storage of
equipment and supplies, fabrication of subassemblies, and parking
of wheeled or tracked equipment. Said yards shall be fenced and secured.
An extended- or intermediate-care facility licensed and approved
to provide full-time convalescent or chronic care to individuals who
are unable to care for themselves.
The change in use of an existing convalescent home or nursing
home to an apartment house/two-family use.
[Added 5-10-2006 ATM by Art. 39]
Those facilities for which even a slight chance of flooding
could endanger public safety. Critical facilities include the following
three categories:
Facilities such as liquefied natural gas terminals and facilities
which produce and/or store highly volatile, toxic or water-reactive
materials.
Hospitals, schools, nursing homes and other similar facilities
where the safety of the occupants may be threatened by floodwaters.
Those facilities which if flooded would cause the loss of irreplaceable
public records or cause the loss of, or disruption to, utilities or
emergency services.
The changing of a grade by excavation.
The housing of equipment used in connection with a data center, data storage, telephone exchange, switching, relay or transmission purpose. Accessory office space may be included. A communication tower, if any, shall be regulated under Article XVI of the Braintree Zoning Bylaw.
The daytime custodial care, for a fee, of no more than six
children. Said center shall be accessory to a residential use.
The daytime custodial care, for a fee, of more than six children
in a facility licensed by the commonwealth.
The vertical distance of the exposed cut surface.
The vertical distance of the exposed fill surface.
Separate from any other building or structure.
The legal or beneficial owner of a lot or parcel of land
proposed for inclusion in a development, including the holder of an
option or contract to purchase. (See also "agent of owner.")
Any man-made change to a site, including but not limited
to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
An electronic message display utilizing light-emitting diodes
(LEDs), plasma or other technology that presents static or multiple
static advertisements on a rotating basis, freestanding, which does
not advertise a business or profession conducted, a service offered
or commodity sold upon the premises where such sign is located, and
which is subjected to the rules and regulations of the Office of Outdoor
Advertising.
[Added 3-17-2015 by Ord.
No. 14-066(1)]
An area where the ground cover is destroyed or removed or
where grading occurs.
The removal of surface water or groundwater from land by
drains, grading, or other means. "Drainage" includes the control of
runoff to minimize erosion, sedimentation and flooding during or after
development.
The area contributing runoff water to a watercourse, drainage
system or detention basin.
The system of inlets, conduits, channels, ditches and other
man-made improvements which serve to collect and convey stormwater
through and from a given drainage area.
Use which involves the sale of products or provision of services
to occupants in vehicles.
An improved area providing access and egress for vehicles
to a parking space, garage, dwelling or other structure.
A building designed and used for the living quarters for
more than two families.
A building designed or used as the living quarters for one
family.
A building designed and used for the living quarters for
two families.
Living quarters with separate access and egress, cooking
facilities, sleeping accommodations and bathroom.
The puncturing of the ear lobe with a presterilized single-use
stud-and-clasp ear piercing system following manufacturer's instructions.
Any soil, sand, gravel, rock, organic material, mulch cover
or other natural material or fill.
A right of use granted on, above, under, or across a particular
tract of land by one owner to another.
A vertical distance above or below a fixed reference level.
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
Measures to prevent or minimize erosion, sedimentation and
other impacts associated with construction activities.
The erection, construction, alteration or maintenance of systems, underground or overhead, for distribution of gas, steam, water or communication systems or transmission of electricity by public utilities or municipal departments or commissions. Said systems may include poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar installations. Buildings necessary for the furnishing of services by such services shall not be included. For the purposes of this bylaw, all wireless communication facilities as defined in § 135-1602 of this bylaw shall not be included in this definition as an Essential Service.
The mechanical removal of earth material.
Retail sale activity at a warehouse or manufacturing establishment,
offering for sale only those goods manufactured or wholesaled from
that establishment. Said activity shall not be more than 25% of the
total floor area of the parent establishment.
One or more individuals living together and sharing sleeping,
cooking and eating facilities within an individual housing unit, as
distinguished from a group occupying a lodging, fraternity or sorority
house, club, hotel or motel.
An establishment in which 40% or more of its annual sales
(projected or actual) are derived from the sale of food and beverages
in a ready-to-consume state directly to a customer from a servicing
counter for consumption off premises or for consumption on premises
if said food or beverage is served in single service/disposal containers.
A physical barrier or enclosure consisting of wood, stone,
brick, block, wire, metal or similar material, used as a boundary,
as a means of protection or confinement or as a means of screening.
A hedge or other vegetation shall not be considered a fence.
The stockpiling or depositing of earth materials on land,
whether submerged or not.
Soil free from refuse, concrete, asphalt, construction materials,
wood, wood products or by-products, wood waste, organic matter, petroleum
products or by-products or substance that causes contamination; clean
sand; grout or sand/grout mixtures.
An open space designated for emergency vehicles in which
no building or structure may be erected and in which no other automotive
vehicles may be parked.
That area subject to 0.2% chance of flooding in any given
year as referenced on the most recently produced Flood Insurance Study
and Flood Insurance Rate Map (FIRM).
Any areas subject to periodic water inundation during a one hundred year storm level. See § 135-608.
Watertight, with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
That portion of the 100-year floodplain, as referenced on
the most recently produced Flood Insurance Rate Map (FIRM), which
must be kept free of encroachment so that the 100-year flood can be
carried with an increase in flood height of less than 1.00 foot, provided
that hazardous velocities are not produced.
The sum of the gross horizontal areas of the several floors
of a building, excluding areas used for accessory garage purposes,
and such basement and cellar areas that are devoted exclusively to
activities accessory to the operation of the building. All horizontal
dimensions shall be taken from the exterior faces of walls, including
walls or other enclosures or enclosed porches.
A contiguous line separating a lot from a street or way to
which physical access to the principal building on the lot can be
provided. (If a lot is bounded by more than one way, the frontage
shall extend to the intersection of the side lines of such ways or
to the middle of the curve connecting such side lines.) (See definition
sketches, Appendix B.[2])
The minimum frontage required under § 135-701 of this chapter. No lot shall be allowed to have frontage on more than one way for the purposes of meeting the frontage requirements for building lots.
An establishment for the conducting of funerals and wakes
and related activities such as embalming.
A building/structure or part thereof, other than a residential
garage, for the storage of motor vehicles and in which vehicle maintenance
activities may be carried on.
A building/structure or part thereof accessory to the main
building, providing for the storage of motor vehicles and in which
no occupation or business for profit is carried on. Said garage shall
not exceed three parking spaces.
An establishment where retail and wholesale products and
produce are sold. The items sold may include nursery products and
stock, soil and fertilizers, light power equipment and machines, garden
and farm tools and utensils. This definition shall include nurseries
and greenhouses.
A facility for the game of golf. In no instance shall this
definition include miniature courses or golf driving or practice ranges.
The elevation of the ground surface.
The elevation of the ground surface at a given point prior
to grading activities.
The elevation of ground surface at a given point after grading
activities.
The elevation of the ground surface in its natural state
prior to any site work.
Any activity that results in a change in the existing soil
cover (both vegetative and nonvegetative) or the existing topography.
Grading includes but not is limited to excavating; stockpiling of
fill; clearing of trees and vegetation for the purpose of constructing
roads, site improvements or structures, installing utility lines or
using the land in other than its natural state.
The clearing of roots, stumps or other underground vegetative
matter at a depth of less than 3 feet.
The site or works for the storage, treatment, dewatering,
refining, incinerating, reclamation, stabilization, solidification,
disposal or other processes where hazardous wastes can be stored,
treated or disposed of; however, not including a municipal or industrial
wastewater treatment facility if permitted under MGL c. 21, § 43.
The intermediate point in the transport of hazardous wastes
where such wastes are brought, stored and transferred to vehicles
for movement to other intermediate points or to the point of ultimate
storage, treatment or disposal.
For buildings, the vertical distance above the mean finished
grade ten feet out from each face of the building to the highest point
of the roof beams or trusses of a flat roof or to the top of the rafters
at the ridge of a sloping roof; for other structures, the vertical
distance above the mean finished grade 10 feet out from each face
of the structure to the topmost part of the structure.
A facility for the operation and/or maintenance of not more
than three helicopters.
Soil map units classified as such by the Natural Resources
Conservation Service.
A medical service facility where at least 50% of the total
floor area is devoted to overnight medical accommodations and is licensed
by the Commonwealth of Massachusetts to operate as a hospital.
A building containing rooms which are rented to be occupied
on a temporary basis operating under an innkeeper license per the
Massachusetts General Laws.
Any man-made area that does not readily absorb or retain
water.
A building use certified by local, state or federal agencies
as to its historic importance. Also, those buildings whose use is
essentially private in character but whose purpose is to benefit the
general public on a nonprofit basis.
Any old, secondhand, previously used, discarded or scrapped
metals, bottles, glassware, tinware, paper bags, rubber goods, plumbing,
heating and electrical equipment, fixtures and appliances, building
materials, whole motor vehicles which are unregistered or, if registered,
no longer fit for reconditioning for use in highway transportation,
or motor or other vehicles which are wholly or partly dismantled or
used parts or scraps therefrom or any other old, secondhand, used,
discarded scrapped material commonly called "junk salvage material."
[Amended 5-10-2004 ATM by Art. 41]
The use of more than four hundred square feet of the area
of any lot, whether inside or outside of a building, or the use of
any portion of that half of any lot which adjoins any street, for
the storage, keeping of junk.
Freestanding exterior building or structure of less than
500 square feet for drive-up or walk-up window services or retail
sales.
Activities that change the physical conditions of landform,
vegetation or hydrology including but not limited to clearing, grading,
grubbing, excavation, filling and storing of materials.
The use of walks, terraces, trees, shrubs, ground covers,
grass and other landscape elements such as natural features. (See
"open space, landscaped.")
A facility for the storage of books, films, manuscripts,
videos, records and similar materials whose purpose is to allow free
public use of said materials.
The fabrication, assembling, and finishing or packaging of
products and not the processing or alteration of raw materials. Such
use may include office space up to 25% of the gross floor area of
a facility as long as such office use is directly in support of the
manufacturing activity and is located on the same site.
An off-street space or berth on the same lot with a building
or a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
Any dwelling or part thereof in which rooms or suites of
rooms are rented for human habitation to more than three individuals.
Lodging house shall not include congregate living facility, hotel
or motel, hospital or convalescent home or nursing home.
A designated parcel, tract or area of land established by
plan, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
The total area within the perimeter of a lot, excluding any
street or way.
A lot or parcel of land abutting two or more streets at their
intersection or abutting two parts of the same street forming an interior
angle of less than 135°.
That portion of a lot covered by structures or impervious
surfaces.
The distance between front and rear lot lines as measured
along a perpendicular bisector of the smallest possible rectangle
enclosing that lot. One side of the rectangle shall be located along
the street line from which frontage is derived. In the case of an
irregularly shaped lot and for the purposes of this definition, the
"rear lot line" shall be a line which is at least as long as the minimum
frontage requirement for the district in which the lot is located,
which is entirely within the lot, and which is perpendicular to the
bisector. When the bisector does not touch the front lot line, the
measurement shall be made from the point on the front lot line closest
to the bisector. The line from that point to the "rear" lot line shall
be parallel to the bisector. (See Appendix Sketch E.[3])
The division line between adjoining properties or streets
or ways.
The dividing line between a public or private way and an
adjacent lot.
The lot line(s) opposite and most distant from the front
lot line. In the case of a corner lot, the rear lot line shall be
the lot line opposite the street line of the street on which the principal
building faces. For a triangularly-shaped lot, the rear lot line is
a line 10 feet in length within the lot, parallel to the front lot
line or parallel to the cord of a curved front lot line and located
the maximum distance from the front lot line. For other irregularly
shaped lots, the rear lot line is composed of all lot lines that are
parallel to, or closely parallel to, the front lot line.
[Amended 5-3-2005 STM by Art. 26]
Lot lines connecting front and rear lot lines.
The distance measured between side lot lines at a right angle
to lot depth. (See Appendix Sketch E.[4])
Dry docks and other facilities related to the construction,
servicing, maintenance, repair or storage of vessels or other marine
structures.
A facility for the office(s) of doctors, nurses, dentists
or psychiatrists, whose primary functions are outpatient in nature.
A commercial facility containing individual units which may
be rented or leased by the general public for the storage of personal
belongings. Said facility shall be completely enclosed with direct
access to the individual units.
Premises for the sale and/or lease of new and/or used motor
vehicles. Said use may include the servicing and auto body repair
of said vehicles. Said use shall not include the sale of fuel to the
general public.
Town of Braintree public buildings, excluding garages, storage
areas, repair shops and gasoline dispensing facilities.
A municipal outdoor use as a public playground, public recreation
center or area, and other public areas, created, established, designated,
maintained, provided or set aside by the Town of Braintree separate
from any other use located on a lot of any size, for the purposes
of public rest, play, recreation, enjoyment or assembly, and all parking
located thereon or therein. The Town of Braintree may construct or
place one building with a footprint of no more than 1,000 square feet
for purposes of providing public restrooms.
[Added 8-10-2011 by Ord.
No. 11-032]
A use which entails the display of educational, scientific,
or historic and similar materials (including the structure itself)
open to the public, and nonprofit in its operation.
A building, structure or improvement which does not comply
with the regulations for its zoning district but which complied with
the zoning regulations at the time of its construction.
The use of any building, structure or land, other than a
sign, that does not conform to the regulations for its zoning district,
provided that such use was in existence and lawful at the time the
applicable provisions of this or prior zoning bylaws became effective.
Business/professional office(s) having 50,000 square feet
or greater of gross floor area, the site of which is under common
management. The business/professional office(s) may be located in
single or multiple structures and may be located on single or multiple
contiguous lots. An area equal to no more that 5% of the gross floor
areas may be used for accessory activities such as retail, cafeterias
and fitness centers to service on-site uses.
Undeveloped land maintained in a natural state.
The parts of a lot designed and developed for pleasant appearance
with landscaped elements and walks and terraces designed for nonvehicular
use. Such space may not include lot area used for parking, access
drives, other hard-surface areas and walks and terraces that are in
excess of 50% of the total required open space.
The top matted and partially decomposed soil surface layer,
which contains a high percentage of organic matter.
A district established by this chapter which prescribes additional
regulations to be applied in conjunction with the regulations for
the base zoning district.
An area on a lot which includes five or more parking spaces
along with provisions for access, circulation, maneuvering and landscaping.
A building or lot or any part thereof for the storage of licensed motor vehicles for a fee. No service station activities may be carried on in said facility. Off-site parking authorized under § 135-805B shall not be defined as a commercial parking facility.
An area, exclusive of ramps or columns, used exclusively
for temporary storage of one motor vehicle. Truck loading/unloading
space shall not be considered a parking space.
A building or structure or part thereof providing for four
or more parking spaces, along with provision for access, circulation
and maneuvering.
The boundaries or borders of a lot, tract, or parcel of land.
The Zoning Board of Appeal.
A use of land allowed as a matter of right in a zoning district,
subject only to special requirements of this chapter.
A mixed-use development that contains at least two of the
following: residential use, business use, commercial use and open
space as authorized by the Special Permit Granting Authority.
The use of land legally existing at the enactment of this
chapter and subsequent amendments.
A commercial facility of 10,000 square feet or more for designing
and reproducing written, typed or graphic materials.
An open meeting, advertised and held in accordance with the
provisions of the Massachusetts General Laws.
A Town, state or federal facility for the storage and maintenance
of vehicles and/or equipment.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, excavated, blasted, uncovered,
removed, displaced, relocated, bulldozed or dredged for commercial
purposes for removal from the site.
A unit which may be driven, towed or mounted on a motor vehicle
and which functions as temporary living quarters for people while
camping or traveling. For the purpose of this definition, snowmobiles,
boats, and off-the-road vehicles shall be considered recreational
vehicles.
An individual registered as a civil engineer with the Board
of Registration of Professional Engineers and of Land Surveyors as
described in MGL c. 112, § 81-D.
Premises used for scientific research and/or development
of technical processes and/or products.
A building or portion thereof containing a kitchen and tables
and/or booths which is used for the sale and consumption of food on
the premises. The term "restaurant" shall not include "fast-food establishment."
Commercial enterprise that provides goods and/or services
directly to the consumer where such goods and services are available
for immediate purchase and immediate use on or removal from the premises
by the purchaser. Such uses may include barbershops, beauty and hairdressing
shops, drugstores, florist shops, food stores, furniture stores, home
appliance stores for retail sales, laundromats, copy centers, newsstands,
photographic studios, shoe repair shops, tailor shops, upholstery
shops, variety stores, gift shops and antique shops.
A wall, two feet or greater in height, designed to withstand
lateral and hydrostatic pressures and built to keep earth from sliding.
An establishment for the housing and maintenance of horses
and ponies. Said establishment may also include riding trails, courses
or tracks.
A facility for the controlled use of firearms, including
bows and arrows, which provides target ranges and associated buildings.
Altering skin texture by cutting the skin and controlling
the body's healing process in order to produce wounds, which result
in permanently raised wheals or bumps known as "keloids."
A facility for general education which meets all local, state,
and federal licensing and certification requirements.
The method by which the view of one site is shielded, concealed
from another site. Screening techniques include fences, walls, hedges,
berms or landscape features.
An establishment used for the sale of motor fuel directly
to the public which may include facilities for the repair and maintenance
of motor vehicles and engines.
The distance from a lot line to a structure.
A small accessory building used for the storage of tools
and materials related to on-site maintenance.
A group of retail, service and/or consumer-oriented establishments
having 80,000 square feet or greater, the site of which is under common
management. The establishments may be in single or multiple structures
and may be on single or multiple contiguous lots.
A shopping center having in excess of 500,000 square feet
of gross floor area.
Any permanent or temporary structure, billboard, devices,
letter, word, illuminated fixture, electric bulb, tube or similar
contrivance, medal, banner, pennant, insignia, flag or any other representation
used as or which is in the nature of an advertisement, announcement,
attraction or direction which is on a public way or on private property
within public view of a public way, public park or reservation.
A lot or street right-of-way or contiguous combination thereof
under the same ownership.
A plan prepared in accordance with the requirements of § 135-711 of this chapter.
Incline of ground surface expressed as a ratio of horizontal
to vertical distance.
Earth material of any origin that overlies bedrock and may
include the decomposed zone of bedrock that can be excavated readily
by mechanical equipment.
A facility for the disposal of solid waste materials, excluding
toxic or hazardous materials.
Those areas designated on the July 17, 2012, Flood Rate Insurance
Maps (FIRM) subject to flooding by the one-percent annual chance flood.
Areas of special flood hazard include Zones A, AE, and VE.
[Added 8-14-2012 by Ord.
No. 12-030R]
The Braintree Planning Board.
The storage of uncompacted earth material.
The direct runoff of water resulting from precipitation in
any form.
That portion of a building or structure included between
the surface of any floor and the upper surface of the floor or roof
next above.
Any story having its finished floor surface entirely above
grade. A basement shall be considered a story above grade when the
distance from the exterior grade to the finished surface of the floor
above is more than six feet for more than 50% of the total perimeter.
(1) Any way accepted by Town Meeting;
(2) Any way shown on a plan approved under the provisions of
the Subdivision Control Law[5] and which has been constructed in accordance with the
Subdivision Plan;
[Amended 5-3-2005 STM by Art. 25]
(3) Any private way in existence when the provisions of the Subdivision Control Law became effective and, in the opinion of the Planning Board, having suitable grades and being adequate for the uses of land which it serves, including the installation of municipal services for such land. For the purpose of Article IX, Signs, the word "street" shall mean any way to which the public has a right of access.
Anything constructed or erected on the ground, including
signs, billboards and swimming pools, but not including masonry walls
under six feet in height used as fences.
Any repair, reconstruction, or alteration of a structure,
the cost of which equals or exceeds 50% of the replacement value of
the structure either before the alteration or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. The calculation of "substantial improvement" shall
include the value of all work performed on the structure within the
past five years.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
A relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
The weathered surface soil, usually including the organic
layer, in which plants have most of their roots.
Toxic and hazardous materials are those substances identified
as being toxic or hazardous under the provisions of MGL. c. 21.
A school for instruction in a particular skill or craft.
Any facility such as a bus or rail terminal or any facility
such as, but not limited to, railroad yards and truck terminals which
are used primarily for the distribution or transshipment of goods.
The change in use from single-family to two-family of any
dwelling existing on June 18, 1940, which contains more than six rooms,
exclusive of halls and bathrooms, provided that the living space of
such building has not been enlarged during the ten-year period prior
to application and will not be enlarged for a ten-year period subsequent
to permitting a two-family use.
[Amended 5-10-2004 ATM by Art. 43]
The purpose for which land, building or structure is arranged,
designed or intended, or for which a lot of land, a building or a
structure is or may be occupied or maintained.
A fully enclosed building used for the storage of materials
and/or equipment.
Permanent or intermittent bodies of water including creeks,
streams, ponds, rivers, lakes, drainage channels and wetlands.
As defined in MGL c. 131, § 40, and/or Chapter
132 of the Braintree Bylaws.
The space between a lot line and building line.
An open, unoccupied space on the same lot with a building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the sidelines
of the lot.
An open, unoccupied space on the same lot with a building
between the rear of the building and the rear line of the lot projected
to the sidelines of the lot.
An open, unoccupied space on the same lot with a building,
situated between the building and the sideline of the lot and extending
from the front yard to the rear yard.
A designated specified land use classification, within which
all sites are subject to a unified group of use and site development
regulations as set forth in this chapter.
[1]
Editor's Note: See MGL c. 41, § 81K et seq.
[2]
Editor's Note: The sketches are included as an attachment
to this chapter.
[3]
Editor's Note: The sketches are included as an attachment
to this chapter.
[4]
Editor's Note: The sketches are included as an attachment
to this chapter.
[5]
Editor's Note: See MGL c. 41, § 81K et seq.
