Words used in the present tense include the future; the singular
includes the plural, and the plural the singular;
The words "building," "structure," "lot," "land" or "premises"
shall be construed as though followed by the words "or any portion
thereof"; and
The word "shall" is always mandatory and not merely discretionary.
Those definitions that are defined in a subsection shall take
precedence for only that subsection; otherwise those listed below
shall be used.
In the bylaw terms shall have the meaning given herein, unless
a contrary meaning is required by the context or is specifically prescribed.
Words not defined shall have the meaning as defined in the State's
Building Code, 780 CMR (2009).
The following terms, unless a contrary meaning is required by
the context or is specifically prescribed, shall have the following
meanings:
Annual Town Meeting as called for in the Town Charter, in
the spring.
Either a subordinate use of a building, other structure or
tract of land, or a subordinate building or other structure:
Whose use is customary in connection with the principal building,
other structure or use of land; and
Whose use is clearly incidental to the use of the principal
building, other structure or use of land; and
Which is located on the same lot with the principal building,
other structure or use of land, or on a lot adjacent to such lot,
if in the same ownership; and
Which does not constitute, in effect, a conversion of the principal
use of the premises to one not permitted.
For the purposes of the Adult Uses section,[1] the following definitions shall apply:
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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 MGL c. 272, § 31.
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ADULT CLUB — An establishment which provides live entertainment
for its patrons, which includes the display of nudity, as that term
is defined in MGL c. 272, § 31; also, an establishment offering
activities or goods or providing services where employees, entertainers
or patrons are engaging in nudity, sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
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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 MGL c. 272, § 31.
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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 MGL c. 272, § 31.
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ADULT VIDEO STORE — An establishment having as 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 MGL c. 272, § 31.
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A special combination of housing, personalized supportive
services, and health care designed to respond to the individual needs
of those who need help in activities of daily living. Care is provided
in a way that promotes maximum independence and dignity for each resident
and encourages the involvement of a resident's family, neighbors and
friends. It is intended as an alternative to unnecessary and costly
institutionalization for those elders who cannot or choose not to
live alone but do not need the skilled medical care provided by a
nursing home. Facilities shall provide a range of supportive services
including, but not limited to, three meals a day, housekeeping services,
laundry, twenty-four-hour security and staffing, maintenance and repairs,
utilities, emergency call systems in each living unit, health, exercise
and recreational programs, medication management, transportation,
assistance with activities of daily living such as eating, bathing,
dressing, grooming and walking. For purposes of Section 8.2, a "resident"
is an adult who resides in an assisted living residence and who receives
housing and personal services and, when the context requires or permits,
such individual's legal representative.
Any entity, however organized, whether conducted for profit
or not for profit, which meets all of the following criteria: (1)
provides room and board; and (2) provides, directly by employees of
the entity or through arrangements with another organization which
the entity may or may not control or own, assistance with activities
of daily living for three or more adult residents who are not related
by consanguinity or affinity to their care provided; and (3) collects
payments or third party reimbursements from or on behalf of residents
to pay for the provision of assistance with the activities of daily
living or arranges for the same. This definition shall be in accordance
with MGL c. 19D.
Any structure having a roof supported by columns or by a
wall (not to include trailers) for the shelter, housing, or enclosure
of persons, animals, chattels, or property of any kind.
Building height in each case to be measured vertically from
the average finished grade of the ground adjoining such building to
the highest point of the roof for flat roofs, to the deck line for
mansard roofs, and to the average height between eaves and ridge for
gable, hip, and gambrel roofs.
Also means Director of Zoning Enforcement and Inspection,
Building Commissioner, Commissioner of Buildings, and Zoning Administrator;
and such individuals who may be appointed to those positions from
time to time by the Board of Selectmen.
A child care center as defined in MGL c. 15D, § 1A.
The word "constructed" shall include the words "built," "erected,"
"reconstructed," "altered," "enlarged," "moved," and "placed."
A business establishment that includes service of food, beverages,
or merchandise that is provided from a drive-up or drive-through window
or other similar arrangement that allows the service of a patron while
the patron remains in a vehicle, whether parked or live parked. The
term shall include eating establishments and service establishments
such as banks, dry cleaners, pharmacies, and the like, and automotive
service stations and gasoline stations and the like.
Any building used in whole or in part as a habitation for
one or more persons.
Services provided by a public service corporation, as defined
in MGL c. 40A, § 3, or by governmental agencies through
erection, construction, alteration, or maintenance of gas, electrical,
steam, or water transmission or distribution systems and collection,
communication, supply, or disposal systems whether underground or
overhead, but not including PWSFs. Facilities necessary for the provision
of essential services include poles, wires, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic signals,
hydrants and other similar equipment in connection therewith. Specifically
excluded from the definition are buildings and overhead transmission
towers. A PWSF shall not be construed as an essential service.
Any number of persons living and cooking together on the
premises as a single housekeeping unit, as distinguished from a group
occupying a boarding house, lodging house, or hotel.
An accessory use as defined in MGL c. 15D, § 1A.
An accessory use as defined in MGL c. 15D, § 1A.
Facility for the conducting of funerals and related activities
such as embalming or a crematorium.
Direct light emitted by a luminaire at a strength and at
a direction that it creates a visual nuisance or a hazard by reason
of reduced vision or momentary blindness.
For the purposes of Groundwater Protection District, the
following definitions shall apply:
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ACRE — For purposes of this section of the bylaw relating
to groundwater protection only, an acre shall be considered to be
40,000 square feet.
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AQUIFER — Geologic formation composed of rock, sand, or
gravel that contains significant amounts of potentially recoverable
water.
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MINING — The removal or relocation of geologic materials
such as topsoil, sand, gravel, metallic ores, or bedrock.
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RECHARGE AREA — Areas that collect precipitation or surface
water and carry it to aquifers. Recharge areas may include areas designated
as Zone I, Zone II, or Zone III.
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TOXIC OR HAZARDOUS MATERIAL — Any substance or mixture
of physical, chemical, or infectious characteristics posing a significant,
actual, or potential hazard to human health if such substance or mixture
were discharged to land or water of the Town of Lynnfield. Toxic or
hazardous materials include, without limitation, synthetic organic
chemicals, petroleum products, heavy metal, radioactive or infectious
wastes, acids and alkalis and all substances defined as toxic or hazardous
under Massachusetts General Laws Chapters 21C and 21E and 310 CMR
30.000 and also include such products as solvents and thinners in
quantities greater than normal household use.
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A detached dwelling designed for and occupied by one family.
Buildings which contain one or more dwelling units consisting
of a room or suite of rooms, its own bath and toilet facilities, and
its own kitchen facility. A building may also include central kitchen
and dining facilities for providing meals to residents thereof and
their guests but not to the public and may also provide lounge rooms
and recreational facilities for the common use of residents and their
guests. In one of such buildings, a unit may be included for occupancy
by the manager of the project and his immediate family, one room of
which may be used as an office, and except for the unit to be occupied
and used as aforesaid by the manager, no unit in such building shall
be occupied unless at least one person is 55 years of age or over.
No housing for the elderly development shall contain more than 136
independent dwelling units. Children under the age of 18 years of
age are prohibited from occupying or residing in any of the elderly
housing dwelling units on a permanent basis.
[Amended 11-14-2022 STM by Art. 6]
Materials or structures on, above, or below the ground that
do not allow precipitation or surface water to penetrate directly
into the soil.
An establishment as defined in MGL c. 140, § 137A.
A use engaged in processing, fabrication, assembly, treatment,
packaging, incidental storage, sales and distribution of goods or
products. Includes bottling plant for beverages, plant for light metal
fabrication or finishing (but not including heavy punch presses and
drop hammers), plant for manufacturing of electrical or electronic
devices, appliances, apparatus or supplies, plant for manufacturing
of medical, dental or drafting instruments, optical goods, watches
or other precision instruments, and plant for manufacturing of advertising
displays, awnings or shades, bakery products, beverages (nonalcoholic),
brushes, books, candy, clothing or other textile products, cosmetics,
jewelry, ice, leather goods, or toys.
Any institution whether conducted for charity or profit which
is advertised, announced or maintained for the express or implied
purpose of providing three or more individuals admitted thereto with
long-term resident, nursing, convalescent or rehabilitative care;
supervision and care incident to old age for ambulatory persons; or
retirement home care for elderly persons. Long-term care facility
shall include convalescent or nursing homes, rest homes, infirmaries
maintained in towns and charitable homes for the aged, as set forth
in 105 CMR 150.001.
A single tract of land held in identical ownership throughout
and defined by metes, bounds or lot lines in a deed or conveyance
or shown on a duly recorded plan.
In all districts, the required frontage shall be measured
along a straight line connecting the points of intersection of the
side lot lines with the exterior line of the frontage way. Alternatively,
in single residence districts, frontage or a portion thereof may be
measured along a curve, provided that only 75% of the distance along
a curve may be used to compute the required frontage.
The required lot width shall be measured parallel to the
line along which the required frontage is to be measured, as hereinbefore
specified.
For the purposes of Section 7.3, the following definitions
shall apply:
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MARIJUANA or MARIHUANA — All parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin.
It does not include the mature stalks of the plant, fiber produced
from the stalks, oil, or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation
of the mature stalks, except the resin extracted therefrom, fiber,
oil, or cake or the sterilized seed of the plant which is incapable
of germination.
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MARIJUANA-INFUSED PRODUCT (MIP) — A product infused with
marijuana that is intended for use or consumption, including but not
limited to edible products, ointments, aerosols, oils, and tinctures.
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MARIJUANA, MEDICAL — Any marijuana intended for medical
use which meets all requirements for medical marijuana contained in
the bylaw, the General Laws of the Commonwealth of Massachusetts,
and the Code of Massachusetts Regulations (CMR).
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MARIJUANA, REGISTERED DISPENSARY (RMD) — A not-for-profit
entity registered under the Code of Massachusetts Regulations that
acquires, cultivates, possesses, processes (including development
of related products such as edible MIPs, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, RMD refers to the
site(s) of dispensing, cultivation, and preparation of marijuana.
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Any other retail business or service establishment supplying
commodities or performing personal or consumer services primarily
for residents of the surrounding neighborhood, provided that such
use is similar to the uses hereinbefore listed in general character,
extent of business hours, number of persons or cars to be attracted,
and in effect on adjacent property and improvements (but not including
any use specifically listed herein in a less restricted district,
nor any use whose stock in trade consists primarily of large bulky
objects not normally subject to being carried away by the customer
on his person or in his automobile).
For the purposes of Section 6.5, the following definitions
shall apply:
Lighting Fixture Types:
Type I - No light cutoff.
IIII - Luminaire shielded such that peak candlepower is at an angle of 75° or less from the vertical, and essentially no light is emitted above the horizontal.
IIIII - Luminaire shielded such that total cutoff is at less than 90° from the vertical, and no light sources (lamp or brightness of reflective surfaces) is in direct view from five or more feet above the ground at any point off the premises.
Glare - Direct light emitted by a luminaire at a strength and
at a direction that it creates a visual nuisance or a hazard by reason
of reduced vision or momentary blindness.
Any individual, any entity, or any combination of individuals,
entities, or both individuals and entities.
Any of the following personal or consumer service establishments:
barber or beauty shop, collection station for laundry or dry cleaning,
frozen food locker, hand or self-service laundry, photographic studio,
shoe or hat repair shop, shop for custom work by a dressmaker, milliner
or tailor.
Buildings designed as an architectural unit, that only contain
such uses as are specifically allowed in the General Business District,
provided that at least 50% of the total floor area is devoted to retail
store use (in contradistinction to use as a consumer service establishment,
restaurant, office, or amusement).
[Amended 10-21-2019 ATM
by Art. 7]
A lot, together with all buildings, structures, and uses
thereon.
For the purposes of the Siting of Radio Telecommunications
Facilities section,[2] the following definitions shall apply:
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AMATEUR RADIO SERVICE — That category of radio telecommunication
that is regulated under 47 CFR Part 97 as defined in § 97.3(a)(4):
"A radio communication service for the purpose of self-training, intercommunication
and technical investigations carried out by amateurs, that is, duly
authorized persons interested in radio technique solely with a personal
aim and without pecuniary interest."
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ANTENNA — A device that includes conductive surfaces that
transmit and/or receive radio telecommunications. Examples of antenna
types include dish, panel, vertical (e.g., "whip" and "collinear"),
and horizontal (e.g., "beam," "Yagi" and "log-periodic").
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ANTENNA TOWER — A tower that is constructed for the primary
purpose of supporting one or more antennas.
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CO-LOCATION or COLLOCATION — "The mounting or installation
of an antenna on an existing tower, building or structure for the
purpose of transmitting and/or receiving radio frequency signals for
communication purposes." (Source: Nationwide Programmatic Agreement
for the Collocation of Wireless Antennas, FCC et al., 2001).
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CONCEALED ANTENNA MONOPOLE — A monopole that fully contains
antennas and cables concealed within its tubular outer surface.
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EARTH STATION — An RTF that communicates using man-made
or natural satellites by transmitting and/or receiving radio telecommunication
with the aid of such satellites, provided that any RTF that may otherwise
qualify as both an earth station and either an amateur radio service
or a subscriber antenna shall not be regulated as an earth station
under the bylaw.
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ELIGIBLE FACILITIES REQUEST — Any request for modification
of an existing PWSF that involves one or more of the following;
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1.
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Collocation of new transmission equipment;
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2.
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Removal of transmission equipment;
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3.
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Replacement of transmission equipment provided that such modification
does not substantially change the physical dimensions of the PWSF.
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FIXED WIRELESS SIGNALS — Any commercial nonbroadcast communications
signals transmitted via wireless technology to and/or from a fixed
customer location. Fixed wireless signals do not include, among other
things, AM radio, FM radio, amateur ("ham") radio, citizens band (CB)
radio, and digital audio radio service (DARS) signals." [47 CFR 1.4000
in effect as of February 10, 2011]
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INDOOR RTF — RTFs that are all of the following: indoors,
essentially not visible to persons off the parcel, and require no
modification of structure or exterior surfaces to be installed and
operate.
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MONOPOLE — A tower that is a self-supporting vertical
pole, with no guy wires, that supports antennas and through the interior
of which antennas and control cables are routed to maintain an uncluttered
continuous exterior surface. Antennas are mounted to monopoles in
several fashions, including those mounted on wide frames or platforms
extending from the monopole surface, surface-mounted to the pole exterior
(sometimes called "flush mounts"), concealed within the pole's surface
(see "Concealed Antenna Monopole") or disguised by materials such
as those emulating natural vegetation.
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OTHER RADIO SERVICE — Those radio telecommunications that
are not personal wireless services or amateur radio services.
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PERSONAL WIRELESS SERVICE (PWS) — That category of radio
telecommunication that is subject to the National Wireless Telecommunications
Siting Policy [Section 704 of the Telecommunications Act of 1996 and
codified in 47 U.S.C. § 332(c)(7)].
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PERSONAL WIRELESS SERVICE FACILITY (PWSF) — An RTF that
provides personal wireless services to subscriber devices. A PWSF
consists of all equipment, including but not limited to, structures,
materials, cabling, electronic sub-assemblies, antennas and customer-side
utility interfaces used by an individual provider of personal wireless
services at one site.
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Exceptions:
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1.
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Consumer-grade PWS devices that are authorized by the carrier
and installed by the subscriber to reinforce local service;
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2.
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PWS devices and networks that are installed inside a building
to serve the occupants of the building.
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Note, it is important to distinguish between a structure that
may be part of a PWSF and the PWSF itself: A tower is not a PWSF,
although it may be a component of one or more PWSFs at a site.
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PWSF SITE-SHARING — The placement of a PWSF at a tower,
building or structure that already has one or more PWSFs installed
on such building, tower or structure. Site-sharing is one form of
collocation.
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RADIO FREQUENCY (RF) — That portion of the electromagnetic
spectrum regulated by the Federal Communications Commission.
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RADIO TELECOMMUNICATION — The transmission and/or reception
of information, including but not limited to voice, video, data or
radio location signals, by means of RF transmissions through the atmosphere.
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RADIO TELECOMMUNICATION FACILITY (RTF) — Any installation
for the purpose of radio telecommunication.
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SUBSCRIBER ANTENNA — Pursuant to 47 CFR 1.4000, an antenna
that is both:
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1.
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Located on property within the exclusive use or control of the
antenna user where the user has a direct or indirect ownership or
leasehold interest in the property; and
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2.
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One meter (3.28± feet) or less in diameter that is used
to receive (and transmit, as applicable):
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a.
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Direct broadcast satellite service, including direct-to-home
satellite service;
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b.
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Fixed wireless signals, whether via satellite or not;
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c.
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Video programming services via multipoint distribution services,
including:
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i.
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Multichannel multipoint distribution services;
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ii.
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Instructional television fixed services;
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iii.
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Local multipoint distribution services;
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iv.
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Fixed wireless signals other than via satellite; and/or
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v.
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An antenna that is used to receive television broadcast signals.
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Any of the following consumer, professional or commercial
service establishments: bicycle repair shop, television or household
appliance repair shop, typewriter repair shop.
Those facilities used primarily for research, development
and/or testing of innovative information, concepts, methods, processes,
materials, or products. This can include the design, development,
and testing of biological, chemical, electrical, magnetic, mechanical,
and/or optical components in advance of product manufacturing. The
accessory development, fabrication, and light manufacturing of prototypes,
or specialized machinery and devices integral to research or testing
may be associated with these uses, but excluding laboratories categorized
as Level 4 by the National Institutes of Health.
A building, or portion thereof, containing tables and/or
booths for at least 2/3 of its legal capacity, which is designed,
intended and used for the indoor sales and consumption of food prepared
on the premises, except that food may be consumed outdoors in premises
designed for dining purposes, which are adjuncts to the main indoor
restaurant facility.
Store for the conduct of a retail business, including but
not limited to any of the following retail businesses: book, stationery
or news store, cigar store, drug store, delicatessen, dry goods or
variety store, florist or gift shop, fruit or grocery store, hardware
store, jewelry store, meat market or wearing apparel store.
A facility where horses are boarded and cared for and where
instruction in riding, jumping, and showing is offered and where horses
may be hired for riding.
Special Town Meeting as called for or permitted in the Town
Charter, included but not limited to the regular Town meeting scheduled
for the fall.
Business or trade school, music or dance school, school for
martial arts training, and the like operated by a for-profit entity.
A program as defined in MGL c. 15D, § 1A.
Any letter, figure, character, mark, plane, point, marquee
sign, design, poster, pictorial, picture, stroke, stripe, line, trademark,
reading matter or illuminated service, which shall be constructed,
placed, attached, painted, erected, fastened or manufactured in any
manner whatsoever, so that the same shall be used for the attraction
of the public to any place, subject, person, firm, corporation, public
performance, article, machine or merchandise, whatsoever, which is
displayed in any manner outdoors including any from the foregoing
which may be visible in any manner from the outdoors.
The area of the minimum rectangle in the plane of the sign
necessary to totally enclose all parts of it.
As applied to signs, any visual elements that either change
or alter in appearance whatsoever.
A way which is over 24 feet in right-of-way width which is
dedicated or devoted to public use by legal mapping or by any other
lawful procedure. A "street" includes (1) all public ways, (2) a way
which the Town Clerk certifies is maintained and used as a public
way, (3) a way shown on a plan approved and endorsed in accordance
with the rules and regulation governing subdivision of land in Lynnfield,
Massachusetts, or (4) a way having in the opinion of the Lynnfield
Planning Board sufficient paved width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed uses of the land abutting thereon or served thereby
and for the installation of municipal services to serve such land
and the buildings erected or to be erected thereon.
A combination of materials assembled at a fixed location
to give support or shelter or for other purposes, including buildings,
frameworks, tents, platforms, signs, flagpoles, masts for antennas,
and the like, but expressly excluding basketball courts.
Any structure that is not habitable, has proportions of which
the height is substantially greater than the largest dimension of
its horizontal cross-section, is greater than 12 feet in height when
attached to a building or other structure, and/or exceeds the height
limit of the district within which it is constructed, whether or not
attached to another structure. Examples of tower types include "lattice"
(open frame, truss-type construction) and "monopole" (tubular construction,
defined herein).
Shop of a carpenter, cabinetmaker, electrician, painter,
paperhanger, plumber, sign painter, or upholsterer, with not more
than 5,000 square feet of floor area per establishment used for work
and storage.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short term care
incidental to the use.
A plea or finding of a violation of any law in a criminal,
civil, or administrative proceeding, whether part of a plea agreement,
settlement agreement or determination by an arbitrator, board, hearing
officer, court, or jury.
