Carver City Zoning Code

A way or means of approach to provide vehicular or pedestrian entrance or exit to a property.

Any driveway, street, curb cut, turnout or other means of providing for the movement of vehicles to or from the public/private roadway network.

A self-contained housing unit consisting of a complete, separate housekeeping unit containing both kitchen and bath incorporated within a Principal dwelling or existing detached structure that is clearly a subordinate part of the Principal dwelling and which, with the exception of minimum lot size, complies with each of the use and dimensional regulation stated in section 290-2-3.2 as further defined in Massachusetts General Laws, Chapter 40A, Section 1A.

Shall mean a building or structure subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. No accessory building or structure may be higher than twenty feet, or ten feet less than the height of the principal building or structure on the lot, whichever is greater except that a structure or structures such as a water tower or tank used for potable water supply or fire protection purposes for a nonresidential use shall not be subject to such height limitation in the Green Business Park. An accessory building serving the needs of residents of a dwelling may include the following:

Shall mean an incidental residential unit(s) of a minimum of 1,000 sq. ft., located in a commercial building in accordance with the provisions of § 290-2-2.7, herein.

Shall mean a use customarily incidental to and located on the same lot with the principal use. A use is accessory only where the principal use it serves exists on the same lot.

[The definition of adult use includes the following types of establishments.]

Shall mean the raising of animals, fruits, vegetables, berries, nuts, or other food for human consumption, feed for animals, tobacco, flowers, sod, trees, nursery, or greenhouse products, and ornamental plants and shrubs, or the raising of forest products under a planned program; or the primary and direct use in a related manner which is incidental thereto and represents a customary and necessary use in raising such products and preparing them for market.

Any area of land designed and set aside for landing and take-off of aircraft, including all necessary facilities for housing and maintenance of aircraft.

Shall mean 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 clinic or hospital use.

Shall mean a residential facility occupied by persons over the age of 55, their spouses or surviving spouses, including rooms occupied by resident staff personnel. Such a facility may include a full range of nursing care from total to partial assistance, and may provide food preparation services, limited residential food preparation areas, and common recreational, laundry, social, medical, religious, and service facilities for the exclusive use of the residents.

Shall mean a device whether attached to a structure or free standing, for the dispensing of money and the conducting of financial transactions. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

Shall mean an establishment for the conduct of financial transactions including the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

Shall mean a private owner-occupied residence in which lodging and breakfast are offered to transients for a fee. Such a facility shall not contain more than seven (7) rooms for rent.

The term bedroom includes any room principally for sleeping purposes, which can be closed off by means of a door and includes a closet.

Outdoor advertising on a board, poster, panel structure or device of any kind used or intended to be used for advertising or display painted thereon, or for the affixment, attachment or support of printed posters or other advertising matter, and constructed, erected and located on any premises or applied directly and or attached to a wall or placed on a roof of a building or structure not owned or occupied by the person for whose use such billboard is constructed, erected, located or attached, and when used for purposes other than advertising the business conducted on such premises or in such building or structure. Such outdoor advertising constructed, erected and located as aforesaid used for the purpose of advertising the business conducted on a premise or in a building or structure shall be deemed a sign.

Shall mean a manufacturing facility where a hard strong building material is produced by mixing a cementing material (such as portland cement) and a mineral aggregate (such as sand and gravel) with sufficient water to cause the cement to set and bind the entire mass.

Shall mean the puncturing or penetration of the skin of a person with presterilized single-use needles and the insertion of presterilized jewelry or other adornments thereto into the opening. This definition includes piercing of the outer perimeter of the ear, but does not include piercing of the earlobe with presterilized single-use stud-and-clasp ear-piercing systems.

Shall mean an area of indigenous or planted vegetation which shall separate the structures and uses within a development from any adjacent properties and public ways. No vegetation shall be removed from this buffer zone after development, nor shall any building or structure be placed therein.

Shall mean a structure adapted to permanent or continuous occupancy for assembly, business, professional, education, industrial, institutional, residential, or storage purposes, and the term "building" shall be construed as if followed by the words "or portion thereof".

Shall mean the area enclosed by the structural foundation, not including stairwells or protruding windows.

Shall mean the vertical distance from the mean finish grade of the ground adjoining the building at the street side to the highest point of the ridge.

Shall mean the building in which is conducted the principal use of the lot on which said building is located.

The NULA acreage is established by subtracting all water bodies, wetlands, marshes, bogs, land actively mined, buffers, easements, slopes over 25%, land within a sixty-five (65) foot wetland buffer area to these regulated lands and any other land legally restricted from development.

Shall mean:

Shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Shall mean change to a use that does not reflects the 'nature and purpose' of the use prevailing when the zoning by-law took effect; or change so as to create a difference in the quality or character, as well as the degree, of use; or change 'different in kind in its effect on the neighborhood'. See Town of Bridgewater v. Chuckran, 351 Mass. 20, 23 (1966).

Shall mean drive-in theatre, golf course/driving range, minature golf course, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this By-law.

A parcel or contiguous parcels of land upon which campsites are located, established, and maintained for occupancy by campers or recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes from May 1 to November 1 for commercial purposes.

Shall mean premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking or wheeled or portable equipment.

Shall mean a place which provides photocopying, blueprinting or binding services to the public, but does not include printing presses or silk screening.

Shall mean retail and/or service provided by a worker who practices a trade or handicraft, one who creates or performs with skill or dexterity especially in the manual arts, such as a jeweler, cabinet maker, frame person.

Shall mean a facility for receiving, proccessing[1] for storage, and storing of cranberries, including principal buildings, accessory buildings, structures and other land improvements relating to such a facility. Notwithstanding any other provision of this by-law, such a facility when located within the RA District, shall be situated on a parcel of not less than 100 acres, with minimum frontage of 300 feet, minimum front, side and rear yards of 100 feet, maximum building height of 2.5 stories and 40 feet, maximum lot coverage by buildings of 50%, driveways with a minimum width of 22 feet and a maximum width of 30 feet, and a buffer strip of not less than 100 feet in width along the perimeter of the parcel.

A service drive providing vehicular and pedestrian access between two or more contiguous sites so the driver need not enter the public street system.

Shall mean cranberry cultural activities, forestry, wildlife, exhibition sawmill and similar activities, primarily intended for tourist or educational purposes.

Shall mean rights to develop a single-family house lot, expressed as the maximum number of lots permissible on a designated sending parcel(s) under the applicable zoning and subdivision rules and regulations in effect on the date of the transfer of development rights. Development rights (house lots) are computed on a one-for-one-basis. Determination of the maximum number of development rights (house lots) available for transfer shall be made by the Planning Board.

An opening in a restrictive median which provides for the specific movements and physically restricts other movements. Directional median opening for two opposing left or "U-turn" movements along a road segment are considered one directional median opening.

A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle. This shall not include the selling of fuel at a gasoline filling station or the accessory functions of a carwash facility such as vacuum cleaning stations.

The distance between connections, measured from the closest edge of pavement of the driveway or curb cut to the next closest edge of the pavement along the public/private roadway.

A building containing two (2) dwelling units attached, designed or arranged as separate housekeeping units within the dwelling.

Shall mean any building containing one or more dwelling units, but excluding mobile homes.

Shall mean a building or part of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities.

Shall mean a dwelling containing not more than one (1) dwelling unit.

Shall mean a single building containing at least three (3) dwelling units, but not more than five (5) units.

Shall mean a single building containing two (2) dwelling units.

Shall mean the removal of clay, gravel, sand, sod, loam, soil, stone or other earth materials; provided, however, that the moving of earth materials under the provisions of a duly approved subdivision plan. Work necessary for the construction of streets and the installation of utilities; work in connection with the excavation and grading of land incidental to construction of a duly permitted structure; and work performed in normal cranberry related maintenance or improvement of contiguous or non-contiguous land for agricultural purposes, shall not constitute earth removal.

Shall mean services provided by a public utility or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water transmission or distribution systems; and collection, communication (but not including wireless communication systems), supply, or disposal systems whether underground or overhead. 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.

Shall mean the exterior surface of a building.

Shall mean a number of individuals living and cooking together on the premises as a single unit.

Shall mean a structure of semi-permanent or temporary type located in a district in which agricultural uses are allowed, from which raw products are offered for sale to the public.

Shall mean the boundary of a lot coinciding with the street line, being an unbroken distance along a way currently maintained by the town, county, or state, or along ways shown on the Definitive Plans of approved subdivisions, through which actual access to the potential building site shall be required. A private way which has not been constructed as part of a subdivision approved in accordance with the subdivision control law may provide frontage only upon a determination by the Planning Board that it provides adequate access for fire, police, and emergency vehicles. Lot frontage shall be measured continuously along one street line between side lot lines, or, in the case of corner lots, between one side lot line and the mid-point of the corner. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one (1) continuous frontage section, without any totalling of discontinuous frontage sections.

Shall mean the floor area of all floors within the perimeter of the outside walls of the building under consideration without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

A product, waste or combination of substances which because of its quantity, concentration, or physical, chemical, toxic, radioactive or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (MGL) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Material List (in 310 CMR 40.0000).

Shall mean materials as defined and regulated by 310 CMR 30.00 et seq. (Massachusetts Hazardous Waste Management Regulations)

Shall mean any landing area used for the landing and taking off of helicopters, including necessary passenger and cargo facilities, fueling, and emergency service facilities.

Shall mean any landing area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service, storage, tie-downs areas, hangars, and other necessary buildings and open spaces.

Shall mean:

Shall mean a building or group of buildings providing accommodations on a transient basis for compensation, not meeting the definition of "Non-family Accommodations". Accommodations having individual kitchen facilities (sink, range, and refrigerator) shall be considered dwelling units.

Shall mean material covering the ground, including but not limited to macadam, concrete, pavement, and buildings, that does not allow surface water to penetrate into the soil (cranberry bogs are not considered impervious surfaces.)

A driveway connecting two or more contiguous sites to the public/private street systems.

Shall mean the outdoor use of any area of any lot for the storage, salvage, keeping or abandonment of junk, scrap, or discarded materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Shall mean a single premises with a collection of up to five (5) dogs, three months or older, that are maintained for breeding, boarding, sale, training, hunting, or any other purpose.

Shall mean a single premises with a collection of eleven (11) or more dogs three months or older, that are maintained for any purpose, or where four (4) or more litters per year are raised, or where the boarding or grooming of dogs is performed as a business.

Shall mean a single premises with a collection of six (6) to ten (10) dogs, three months or older, that are maintained for any purpose, and where fewer than four (4) litters per year are raised. Except for a collection of six (6) to ten (10) dogs owned by a single individual, and permanently maintained on the premises as pets, all of which are spayed or neutered, shall not be considered a hobby kennel.

A sink with plumbing, a stove or cooking rnage[2] and refrigerator.

Shall mean a business performing improvements to the grass, shrubs and/or trees of land, including pedestrian walkways, flowerbeds, ornamental objects, and other items.

A use which accommodates low impact industrial development where little or no nuisance effects are generated.

Shall mean an off-street space for the regular receipt or distribution of materials or merchandise by vehicles to or from a building other than a single or two-family dwelling.

Shall mean a single area of land in one ownership defined by metes and bounds or boundary lines in a recorded deed or on a recorded plan. The lot shall only incorporate land in the Town of Carver.

Shall mean a line which separates one or more lots or a lot and a street.

Shall mean lots that are so distorted in configuration as to be detrimental to public health, safety, welfare or convenience, even though complying with the dimensional requirements established herein, and shall not be allowed. The minimum width of a lot from the front setback line to the rear house line shall be not less than 75 feet. The 75 ft. minimum shall not apply to rear lots, village districts or TDR overlay areas. Any lot to be created having frontage on an existing or proposed roadway, must meet the minimum lot size requirement for the zoning district it is located, minus any easements and/or right of ways, except those for a governmental agency or public utility.

Shall mean the width of a lot in the Town of Carver, as measured at the front line of the principal building thereupon, or at such other location as may be designated by this by-law.

Shall mean a lot in the Town of Carver at the junction of and fronting on two (2) or more intersecting streets.

Shall mean any lot in the Town of Carver meeting the requirements of § 290-2-3.4.

Shall mean one or more buildings containing allowed or allowable nonresidential or nonagricultural uses with the following:

Shall mean boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for the transportation of recreational equipment, whether occupied by such equipment or not.

A use engaged in the basic processing and production of materials, or created from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.

Shall mean the height of the groundwater table when it is at its maximum level or elevation. This level is usually reached during the months of December through April and allowances should be made therefore at other times of the year.

Shall mean a novelty version of golf played with a putter and golf ball on a miniature course and featuring obstacles such as alleys, bridges, and tunnels.

Shall mean a dwelling unit on a chassis and containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation or permanent living quarters.

Shall mean a parcel of land within a mobile home park provided for a single mobile home.

Shall mean that area of a mobile home lot which has been reserved for the placement of a mobile home.

Shall mean any lot or tract of land of not less than twenty (20) acres, exclusive of roads and areas provided for recreation, services and other such permanent installation within the park, under single or common ownership or control, and which contains, or is designed, laid out or adopted to accommodate mobile homes occupied or intended for occupancy as living quarters.

An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including fenders, bumpers and similar components of motor vehicle bodies, but not including the storage vehicles for the cannibalization of parts or fuel sales.

Shall mean a building or part thereof with no more than two (2) service bays whose activity (whether or not an accessory use) is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service, car washing services or auto repair limited to: tire servicing and repair, but not recapping or regrooving, replacement of miscellaneous parts and minor adjustments.

Shall mean facilities owned or operated by the Town of Carver.

One (1) space for each teacher and employee, plus one space for each 10 students.

Shall mean any structure or use of land lawfully existing at the effective date of this by-law or subsequent amendment which does not conform to one or more provisions of the by-law.

Shall mean the raising of trees (for transplanting), ornamentals, shrubs, flowers, ground cover or house plants for any commercial purpose.

Shall mean any place or institution for the aged, infirmed, chronic or convalescent, whether conducted for charity or for profit, which is established to render domiciliary care, custody, treatment and/or lodging of three or more unrelated persons who require or receive assistance in ordinary daily activities of life, or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirmed, convalescent homes for children, and the like; but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.)

Shall mean a place for the transaction of a professional service or business, not including the sale of articles at retail.

Shall mean ground space other than that occupied by structures, walkways, drives, parking or other surfaces. Required yard setbacks may be included as open space if in conformance with the above specifications.

Shall mean a zoning district superimposed over an underlying district, superseding, where applicable, the less stringent requirements of the underlying district.

Motorized All-Terrain Vehicles ("ATV's"); Quads, Dirt Bikes or other similar vehicles including motorcycles.

Shall mean a structure accommodating ten (10) or more persons, for recreational, for-profit educational, political, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Places of assembly shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers or private clubs conducted for or not for profit.

Shall mean any building or structure containing any principal use as indicated in Section 3580,[3] except where such use is a home occupation. Where more than one principal use is conducted on a lot and such uses are in more than one building or structure, each building or structure shall be considered a principal building or structure.

Shall mean a main or primary use for which a structure or lot is used, occupied or maintained.

Shall mean a retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports.

Shall refer to a privately or publicly owned property that has been so designated by Carver Town Meeting and by the State of Massachusetts Interagency Permitting Board. Development upon such sites shall adhere to the provisions of the State of Massachusetts Chapter 43D Expedited Permitting Program. Several parcels or projects may be included within a single priority development site.

Shall mean an organization catering to members and guests, for fraternal, recreational, social, or other purposes.

Any device or system owned by a private entity that is used for the treatment and disposal (including recycling and reclamation) of sewage and/or industrial wastewater. A Privately Owned Wastewater Treatment Facility includes the sewers, pipes, or other conveyances that convey the wastewater to the treatment facility.

Any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature, which is owned by a local government unit. A POTW includes any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

Shall mean land that, through the granting of a special permit, may receive development rights from a sending parcel(s).

The rebuilding within the existing footprint of the existing structure; part of or the whole existing structure, as it sits on the lot.

A plot of ground within a recreational campground intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.

Shall mean a railroad used as a tourist attraction, with accessory uses, including, but not limited to, retail establishments selling convenience goods and restaurants.

A vehicular type of unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

Shall mean an establishment that serves food and beverages primarily to persons seated within the facility, including outdoor cafes.

Shall mean a restaurant where food or drinks are usually served to or consumed by persons while they are seated in their vehicles or off the premises.

Shall mean an establishment that offers quick food service, with a limited menu or items already prepared and held for service, or heated quickly by device, with orders generally not taken at table, and generally served in disposable wrapping or containers.

Shall mean the sale of commodities, primarily in small quantities, to the end consumer.

Shall mean a commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

Shall mean a manufacturing facility housing a mill or machine used for sawing logs into lumber.

A building containing individual, compartmentalized and controlled access stalls, rooms or lockers or property that is leased, rented or owned by different individuals for the storage of individual possessions or personal property.

Shall mean land from which development rights, as determined by the Planning Board, may be transferred to a receiving parcel(s).

Shall mean a facility providing service to the public for compensation, such as, but not limited to, dry cleaning, printing, and picture framing shops.

Shall mean the minimum horizontal distance between the street or front lot line and the building nearest the street or front lot line, such distance measured at a right angle to the street or front lot line.

Shall mean any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products services or facilities available, either on the lot or on any other premise, excluding window displays and merchandise.

Shall mean the Zoning Enforcement Officer.

Shall mean a sign displaying the street number or name of the occupant of the premises or both.

Shall mean a free-standing sign, not including a directory sign, larger than thirty-five (35) sq. ft. in gross area, or a wall sign covering more than ten percent (10%) of the area to which it is affixed.

Shall mean a non-premise sign identifying the contractor, architect, landscape architect, and/or engineer's name, address, and other pertinent information.

Shall mean an off-premises sign, typically in the public right-of-way at an intersection, directing the public to a nearby business or event.

Shall mean a group of signs clustered together in a single structure or compositional unit of integrated and uniform design. A directory sign is used to advertise several occupants of the same building or building complex. It may be self-supporting or affixed to a wall.

Shall mean a sign lit by a source outside the sign and shining against the face of the sign.

Shall mean a sign whose illumination is not kept constant in intensity at all times, when in use, and which exhibits changes in light, color, direction, or animation.

Shall mean an on-premise sign advertising the property being sold or rented.

Shall mean a self-supporting sign not attached to any building, wall or fence, but in a fixed location. For purposes of this definition, this does not include, portable or trailer type signs, monument, or directory signs.

Shall mean any sign lit by electrical bulbs, fluorescent lights, or neon tubes. Neon tubes used as abstract, graphic, decorative, or architectural elements shall be considered to constitute an illuminated sign.

Shall mean a sign created by separate symbols which are attached to an awning, marquee, building surface, wall, or sign board.

Shall mean a sign lit from within the sign, or from lights or tubes which comprise any part of the design or lettering of a sign, or which originates behind a sign so as to create an effect of originating within the sign.

Shall mean a sign attached to, painted on, or hung from an awning, canopy, or other covered structure projecting from and supported by the building and extending beyond the building wall.

Shall mean a sign which is an integrated part of an independent structure supported from grade to the bottom of the sign, with the appearance of having a solid base.

Shall mean a sign capable of being readily moved or relocated, including a banner, poster, or portable sign mounted on a chassis and wheels, and which is not included in the regular sign allotment for a business.

Shall mean any sign which is not on the premises of the business, including a billboard.

Shall mean any sign that advertises, calls attention to or identifies the occupant of the premises on which the sign is maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent.

Shall mean a permanent mural or message painted directly onto a building surface.

Shall mean a sign designed to influence the action of voters for the passage or defeat of a measure, or the election of a candidate to a public office at a national, state, or other local election.

Shall mean a sign which is affixed to a building which extends more than six (6) inches beyond the surface to which it is affixed.

Shall mean a sign located for the purpose of providing directions towards or indication of use not readily visible from the street (e.g., restrooms, telephone, etc.)

Shall mean a sign which is located above, or projects above, the lowest point of the eaves or the top of the parapet wall of any building, or which is painted on or fastened to a roof.

Shall mean an on-premises sign solely indicating ingress and egress placed at driveway locations, containing no advertising materials.

Shall mean any sign which is painted on, incorporated into, or affixed parallel to the wall of a building, and which extends not more than six (6) inches from the surface of that building.

Shall mean any sign which is painted or mounted onto a window pane, or which is hung within 12 inches of a window with the purpose or effect of identifying any premises from the sidewalk or street.

Shall mean unwanted or discarded solid material with insufficient liquid content to be free flowing, including without limitation rubbish, garbage, junk refuse and ash. The term does not include vegetative compost, tree stumps and brush under 200 cubic yards.

Shall mean a permit issued pursuant to G.L. c. 40A, s. 9 and this by-law. In accordance with case law, neither the Zoning Act nor the town zoning by-law gives an absolute right to a special permit. The special permit granting authority is not compelled to grant the permit; it has discretionary power in acting thereon.

An area of stacking spaces and driving lane provided for vehicles waiting for drive-through service that is physically separated from other traffic and pedestrian circulation on the site.

An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.

Shall mean the portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its coiling[4] is four (4) feet six (6) inches or more above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and not used for human occupancy.

Shall mean 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 shown on a plan theretofore approved and constructed or secured in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the Town, having in the opinion of the Planning Board sufficient width, suitable grades, and adequate construction in relation to the proposed use of 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.

Shall mean anything constructed or erected, the use of which requires fixed location on the ground, including, but not limited to buildings, wireless communications facilities and equipment, swimming pools, satellite dishes, tennis courts, and animal enclosures.

Shall mean the indelible mark, figure, or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

Shall mean an establishment which provides the service of tattooing by a qualified, licensed professional.

Shall mean the means or 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 mucosa. This term includes all forms of cosmetic tattooing.

Shall mean a single building or group of buildings on a single lot, containing more than two (2) but not more than five (5) dwelling units per building, created in accordance with the provisions of Article 3-10, herein.

Shall mean any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies and to human health, if such materials were discharged to land or waters of this Town. Toxic or hazardous materials include, without limitation, petroleum products, heavy metals, radioactive materials, virulent infectious wastes, pesticides, herbicides, solvents, thinners and other materials which are listed as U.S. Environmental Protection Agency Priority Pollutants.

A traffic study shall be prepared by a registered professional engineer experienced and qualified in traffic engineering. The study shall include the following information: existing and projected traffic conditions, peak hour and daily traffic generation, sight lines for all existing and proposed intersections, existing and proposed traffic controls for the impact area. The impact area includes all streets and intersections within 1000 feet of the project boundaries. The impact area may be adjusted by the Planning Board.

Shall mean any of the various types of vehicles which generally depend for mobility on a motor vehicle and which are used for human habitation or for business purposes, and which is, has been, or can be mounted on wheels, including the type of vehicle commonly know as a mobile home, but excluding vehicles used only for transportation of materials, products, or animals.

Shall mean a development right (house lot) can be transferred from a sending parcel(s) in the sending area to a receiving parcel(s) in the receiving area. As part of the transfer of the development rights from the sending parcel either a conservation restriction shall be placed on the sending parcel or ownership of the sending parcel shall be donated to the Town of Carver for conservation purposes or its designee.

Shall mean land or buildings in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.

Shall mean a structure used primarily for the storage of goods and materials, with or without wholesale sales.

Shall mean fixtures and/or equipment used by a public utility or an FCC-licensed commercial entity for personal wireless service, or other wireless transmission and reception of radio signals including (a) reception and transmission equipment and fixtures such as antennae, communications dishes, and similar devices, and (b) monopoles that are erected and used primarily to support such reception and transmission equipment. A wireless communications facility may include accessory mechanical, electronic, or telephonic equipment necessary to operate such facility; provided, however, that such facility shall be a transmission and reception substation, not a principal facility for conducting a communications business.

Shall mean an open space on a lot unoccupied and unobstructed by any building or structure, except the following: fences, walls, poles, posts, paving, and other customary yard accessories, ornaments, and furniture; or, in front yards only, eaves, steps, and non-covered porches.

Shall mean a yard extending between lot side lines across the lot adjacent to the front lot line.

Shall mean a yard extending between lot side lines adjacent to the rear of the lot.

Shall mean a yard extending along each side line of a lot between front and rear yard.