As used in this article, the following terms shall have the
meanings indicated:
A way which has been accepted by Town Meeting under the provisions
of M.G.L. ch. 82, §§ 17 through 32; or which was created
by a subdivision plan approved by the Planning Board under the provisions
of M.G.L. ch. 41, §§ 81K through 81GG;[1] or which the Town Clerk certifies is maintained and used
as a Public Way.
A.
Any trenching, grading, pavement cutting, curb cutting, excavating,
stockpiling, or other construction work within a public way, unless
done pursuant to a subdivision plan approved by the Planning Board,
must be authorized under a street opening permit issued by the DPW.
B.
The Board of Selectmen, acting as the Board of Public Works, shall
do the following:
(1)
Adopt and from time to time amend street opening specifications,
fees, and procedures after holding a public hearing and soliciting
comments from the public. The hearing may be held during a regular
Board of Selectmen's meeting, and shall be advertised in two
or more newspapers of general circulation in the Town at least 14
days before the time of the hearing.
(2)
Act as appeal board for requests and complaints regarding issuance
of street opening permits by the DPW.
C.
All wetlands and other permitting applications are the responsibility
of the applicant, and approvals must be obtained prior to the application
for a street opening permit.
D.
Failure to obtain a street opening permit shall be deemed as trespassing
and may be deemed as destroying property.
A street opening permit intended to authorize a street extension,
driveway access, or utility connection shall be granted only provided
that either:
A.
Minimum width. The minimum width of the traveled way must be equal
to 16 feet or, if greater, the following:
(1)
For streets that are extensions or continuations of existing adequate
streets, the average width of the last 50 feet of the adjacent adequate
street.
(2)
For streets that connect two existing adequate streets, the width
of the narrower of the connecting streets. That width shall be determined
by measuring the average width of the connecting adequate street over
a length of 50 feet, the center of the averaging area to be the center
line of the proposed traveled way.
B.
Roadway surface and subgrade.
C.
Other required improvements.
(2)
The grade of the improved section of roadway must not exceed 12%.
(3)
If the road improvement does not connect two streets, a paved turnaround
must be constructed. The turnaround must have a diameter equal to
the entire width of the public right-of-way, or 100 feet, whichever
is less. The turnaround must be constructed to the same specifications
as the rest of the improvement.
The DPW Director may waive strict compliance with the minimum
standard for adequate access requirements in the following cases:
