No use of premises shall be authorized or extended
and no building shall be erected or enlarged unless parking and loading
requirements are met for the new or added use. Any use existing prior
to adoption of this bylaw which is later changed or enlarged shall
provide an additional number of parking spaces at least equal to the
difference between the number required for the total proposed use
less the number which would have been required for the prior use under
this bylaw.
[Added 5-2-2011 ATM by Art. 17]
Notwithstanding the provisions of §
220-60A, these curb cut provisions shall be administered and enforced by the Board of Public Works.
A. Scope.
(1)
The creation of a new or altered connection of a street or driveway
to a street in the Town of Lancaster requires the prior issuance of
a permit for doing so by the Board of Public Works, with the exceptions
of:
(a)
Driveways already in existence where the use remains unchanged;
(b)
Driveways subject to MGL c. 81, § 21 (Massachusetts
curb cut permit);
(c)
Driveways reviewed by municipal boards under existing laws or
regulations, including but not limited to scenic road regulations
or subdivision regulations.
(2)
For long driveways (more than 100 feet), see also §
220-22H(6).
B. Procedure.
(1)
Application.
(a)
The applicant shall provide three copies of an application to
the Board of Public Works, including a plan showing:
[1] Any street or driveway that is to be created, altered,
or closed and its relationship with the accessed way;
[2] Design and construction details described under Subsection
D.
(b)
The Board of Public Works shall consult with the Superintendent
of Public Works, Building Inspector, Police Chief, Fire Chief, Planning
Director and other interested Town officials to obtain their comments
on the plan, and shall within 21 days of receipt of a complete application
notify the applicant either that the proposal conforms with the Town's
standards or that it does not, citing any necessary modifications,
conditions, or restrictions.
(2)
Review. The Town will inspect the project during and after construction.
If the Town's requirements are met, the Board shall upon written application
for release issue a curb cut certificate of approval forthwith, and
release any security being held. If the Board takes no action within
21 days of the date of complete application for release of security,
the curb cut security is to be released forthwith and the Town Clerk
may so certify.
(a)
Access. The Board has the authority to halt construction and/or
to prohibit access to said street or driveway if construction is not
consistent with the approved plan, until noncompliant conditions have
been corrected.
(b)
Approval. The Board of Public Works shall sign off on the permit
following satisfactory completion of construction.
(3)
Appeal. A decision of the Board of Public Works on an application
for a curb cut permit may be appealed to the Board of Appeals in accordance
with MGL c.40A, §§ 8 and 15.
C. Enforcement.
(1)
Security. Where apt, the Board of Public Works may require the
posting of security to assure the completion of requirements within
the way being accessed consistent with the approved application.
(2)
Revocation. Any violation of this permit or failure to comply
with all requirements of the Superintendent of Public Works and the
Board of Public Works shall result in revocation of the permit and
denial of access to the way.
(3)
Forfeiture. Failure to satisfactorily complete required actions
may result in the forfeiture of any security that has been posted.
D. Design and construction standards.
(1)
Geometry. Driveways shall be located to the best advantage with
regard to alignment with the public way and to intersect with it at
as close to a right angle as possible, and in no event at less than
60° or more than 120°. The curbline radius of the edge of
the intersection with the traveled way shall be a minimum of five
feet for a single-family residential driveway on a minor street, and
not more than 30 feet on a collector or arterial street, as designated
in the Lancaster Zoning Map.
(a)
The last 20 feet of the driveway before the traveled way shall
be:
[1] If serving a single-family residence, at least
nine feet in width if no longer than 100 feet and at least 10 feet
in width if longer;
[2] At least 12 feet and not more than 24 feet in width
for other uses.
(b)
Those final 20 feet of the driveway shall be offset by up to
20 feet from the property sideline depending upon the needs of the
anticipated use and the location.
(2)
Sight distance. No wall or other obstruction shall be constructed,
planted or maintained at the intersection being created which reduces
sight distance to less than that needed for safe egress in light of
the speed of traffic on the road. No new driveway shall be located
where the minimum sight distance would be less than 450 feet in each
direction on arterial streets, 275 feet on collector streets, and
175 feet on minor streets, as designated on the Lancaster Zoning Map.
(3)
Stormwater. Existing drainage swales parallel to the way shall
not be obstructed by driveways or intersecting streets. Culverts of
appropriate size and durable material shall be provided by the applicant
to the satisfaction of the Public Works Superintendent. Culverts should
be set back a minimum of four feet from the edge of the traveled way.
Culvert length should exceed the width of the driveway at that point
by a minimum of six feet in length.
(4)
Grading and drainage shall be configured such that no surface
water drains onto any public way or onto any lot in separate ownership.
(5)
Gradient. The driveway gradient shall be:
(a)
Consistent within the intersected public way with that of the
sidewalk if one exists;
(b)
Not less than 0.5% or greater than 5.0% in the first six feet
outside of the right-of-way;
(c)
Not more than 9% for the next 14 feet; and
(d)
Not more than 12% after that.
(6)
Reversing direction. Parking and driveways for accommodating
four or more vehicles shall be configured so that backing onto or
off of the road is not necessary.
(7)
Materials. Street intersections shall use materials as required
by the Subdivision Regulations of the Lancaster Planning Board. Driveways shall have a durable, dustless, all-weather
surface suitable for year-round use, such as bituminous concrete.
(8)
Following consultation with the Superintendent of Public Works,
Town Planner, Police Chief and Fire Chief, the Board of Public Works
may modify the application of these requirements based on sound engineering
practice to accommodate special cases of site configuration and driveway
usage.
[Amended 5-3-1988; 6-11-1991; 5-5-2008 ATM by Art. 14]
The number of off-street parking spaces provided must be not fewer than indicated below, unless in performing site plan review under §
220-34 the Planning Board or, in acting on a special permit, the special permit granting authority, determines that a lesser number would be adequate for all parking needs because of special circumstances such as shared parking for uses having peak parking demands at different times, unusual age or other characteristics of site users, company-sponsored carpooling, or other parking demand-reducing measures.
Use
|
1 Parking Space Per:
|
---|
Seasonal cottage; day camp
|
1 bedroom to a limit of 2
|
Hotel, motel
|
1 rented sleeping room plus 1 per 2 employees.
|
Nursing home
|
4 beds
|
Dormitory
|
4 beds plus 1 per 2 employees
|
Educational facilities
|
1 staff member, or 4 seats in the largest public
assembly room, including auditorium and gymnasium, whichever number
is greater
|
Place of assembly with seating, such as a church,
funeral parlor, auditorium, restaurant, theater
|
3 seats
|
Place of assembly without fixed seats, such
as skating rinks, dance halls
|
3 persons' capacity based on the Massachusetts
State Building Code
|
Retail sales of furniture, automobiles, nursery
stock and such goods as required extensive display areas
|
800 square feet of display area whether indoors
or out
|
Medical or dental offices or clinics
|
175 square feet of gross floor area
|
Automobile service stations
|
100 square feet of service bay area
|
Other retail and service establishments
|
250 square feet of gross floor area plus 1 space
per enterprise
|
Offices, banks, and post offices
|
250 square feet of gross floor area
|
Manufacture, processing, assembly, packaging,
storage
|
250 square feet gross floor area of offices,
or 300 square feet of production area, or 2,000 square feet of storage
area, but capable of expansion to not fewer than one space per 300
square feet gross floor area
|
Other permitted uses
|
Adequate spaces to accommodate customers, patrons
and employees, as determined by the Planning Board
|