6.3.1 Purpose

The purpose of this by-law is to promote public safety; avoid the alteration of the physical appearance of the land; minimize the alteration of wetland resource areas and topographical characteristics, including the removal of rock outcrops, significant fill or grading, removal of trees and other vegetation, or the removal of buildings of historical or architectural merit. All driveways shall be constructed in a manner ensuring reasonable and safe access for all vehicles including, but not limited to, emergency, fire and police vehicles.

6.3.2 Applicability

1. Shared driveways, serving not more than two lots are allowed by right.

2. Common driveways serving between three and four lots may be allowed by special permit in all zoning districts. Common driveways may not serve more than four lots.

6.3.3 Special Permit Granting Authority

The Planning Board shall be the Special Permit Granting Authority for common driveways.

1. The Planning Board shall consider recommendations from the Police Chief, the Fire Chief, the Highway Superintendent and the Town Engineer.

2. The Planning Board may establish and assess reasonable fees for the permit application.

3. Strict compliance with the requirements of this by-law may be waived when, in the judgment of the Planning Board , such action is in the public interest and not inconsistent with this by-law. In waiving strict compliance, the Board may require such alternative conditions as will serve substantially the same objective as the standards being waived. Further, the Planning Board may adopt, and from time to time amend regulations, policies, or lend guidance in the implementation and administration of this by-law.

6.3.4 Administration

The submittal package shall include the Special Permit Application Form, a certified abutters list for all property owners within 300 feet of the properties being served, a plan showing the proposed driveway presented at a suitable scale to show the scope and intent of the proposed project, and the permit application fee as identified herein. Applicants for common driveway approval shall submit twelve (12) copies of the application package to the Planning Board office. Within three (3) days thereafter the Planning Board shall forward a copy of the application to the Police Chief, Fire Chief, Highway Superintendent, and the Town Engineer.

6.3.5 Design Requirements

1. Lots to be served shall have at least the minimum required frontage on a town way as required by the Zoning By-law in effect at the time they were created.

2. Lots to be served by a common driveway must meet the dimensional standards of the Zoning By-law in effect at the time they were created.

3. The common driveway shall be located entirely within the boundaries of the lots being served thereby.

4. The Grade of the Common Driveway shall not exceed 10% unless the Planning Board shall grant a waiver of this requirement after a determination that said driveway will provide safe and reasonable access for vehicles.

5. The Driveway Centerline intersection with the street centerline shall not be less than 45 degrees.

6.3.6 Construction and Operational Requirements

1. The Common Driveway shall have a minimum cleared width of eighteen (18) feet if less than or equal to three hundred (300) feet in length, and twenty-two (22) feet if greater than 300 feet in length.

2. Driveways shall be constructed with a durable material, graded and suitably maintained to the extent necessary to avoid any nuisance by reason of erosion or water flow onto adjoining property.

3. A paved apron of at least 20 feet in length shall be constructed at the Common Driveway – street intersection to ensure that dirt and debris is not tracked into the street.

4. No parking shall be allowed on the commonly used portion of the common driveway.

6.3.7 Required Documents

Proposed documents shall be submitted to the Planning Board demonstrating, to the satisfaction of the Planning Board , that, through easements, restrictive covenants or other appropriate legal devices, the maintenance, repair, snow removal and liability of the common driveway shall remain perpetually the responsibility of the private parties or their successors-in-interest.

1. Said documents shall be recorded at the Registry of Deeds, and a copy of said recorded documents shall be provided to the Planning Board prior to issuance of a building permit for any structure to be served by the common driveway.

2. A covenant shall be entered into between the owner or developer and the Town, in a form acceptable to the Planning Board, prohibiting the issuance of an occupancy permit for any structure to be served by the common driveway until such time as the common driveway has been constructed in accordance with this Bylaw.