Town of Groton, MA
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Groton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Scenic roads — See Chs. 184 and 381, Part 5.
Zoning — See Ch. 218.
Vehicles and traffic — See Ch. 270.
Subdivision of land — See Ch. 381, Part 1.
[Adopted 2-2-1953 ATM, Art. 18]

§ 180-1 Street acceptance standards.

[Amended 3-22-1982 ATM, Art. 44; 6-11-1991 STM, Art. 3; 4-26-2010 ATM, Art. 13]
No roadway shall be voted upon for acceptance by the Town unless such roadway is determined by the Selectmen, following consultation with the Director of Public Works, to meet the following dimensional and construction requirements:
A. 
Dimensional requirements.
(1) 
The street right-of-way shall be a minimum of 40 feet wide, and the traveled way shall be a minimum of:
(a) 
Twenty-four feet wide for collector streets serving as access to 50 dwelling units or more or serving as access to any district zoned Business (B-1), Residential-Business (R-B) or Manufacturing (M-1) as established in Chapter 218, Zoning.
(b) 
Twenty feet wide for minor streets which cannot serve as access to more than 50 dwelling units.
(c) 
Eighteen feet wide for lanes (dead-end or loop streets) which cannot serve as access to more than 20 dwelling units and cannot be extended.
(2) 
All grades, center-line and curb radii and dead-end street turnarounds shall conform to the Groton Planning Board's Rules and Regulations Governing the Subdivision of Land in effect at the time of the vote.[1]
[1]
Editor's Note: See Ch. 381, Part 1, Subdivision Rules and Regulations.
B. 
Construction requirements. The traveled way shall have been constructed to a minimum depth of 10 inches with gravel or other suitable material. The completed gravel surface shall have been either paved in accordance with Chapter 381, Part 1, Subdivision Rules and Regulations, or treated as follows. The full width shall have been treated with one application of asphalt or tar at the rate of 1/2 gallon per square yard. After 30 days, a second application shall have been made at the rate of 1/4 gallon per square yard used as a seal coat. Both applications shall have been covered with sand, evenly distributed.[2]
[2]
Editor's Note: Original Section 2, which immediately followed this section, added 2-16-1959 ATM, Art. 28, was repealed 3-22-1982 ATM, Art. 44.

§ 180-2 Exceptions to street acceptance procedures.

[Added 4-29-1989 ATM, Art. 44; amended 4-25-1992 STM, Art. 6; 4-26-2010 ATM, Art. 13]
Notwithstanding the provisions of § 180-1 above, a roadway may be voted upon for acceptance by the Town where such roadway is shown on a subdivision plan and is duly recorded with the Registry of Deeds and has been continuously open to public use and has been used for all purposes for which Town roads and ways are customarily used for a period of 50 years or more prior to April 29, 1989, and where such roadway is determined by the Board of Selectmen, following consultation with the Director of Public Works, to be sufficient for the needs of access to serve the existing dwellings on land abutting or served thereby.

§ 180-3 Driveway permits.

[Added 3-19-1968 ATM, Art. 38; amended 3-22-1982 ATM, Art. 44; 10-19-1998 ATM, Art. 23]
A. 
A permit shall be obtained from the Director of Public Works for the construction of any and every new driveway or alteration of any existing driveway at its intersection with the boundary line of any public street or way.
[Amended 4-26-2010 ATM, Art. 13]
B. 
The Board of Selectmen shall adopt and may, from time to time, amend reasonable regulations specifying design standards for driveways.

§ 180-4 Betterments.

[Added 5-13-1980 ATM, Art. 28]
A. 
The Town is authorized to make repairs consisting of construction, reconstruction, resurfacing and repairing of private ways which have been opened to the public for six years or more, which repairs shall be made with materials similar to those used for the existing surface of said private ways, including the use of bituminous concrete. Such repairs shall be limited to those private ways which have a permanent surface of material consisting of dirt, sand, gravel or other earth material.
B. 
The Town is further authorized to repair, install and construct drainage facilities on ways qualifying for repairs under the provisions of Subsection A to the extent made necessary as a result of said repairs.
C. 
Such repairs shall not be commenced unless and until the following conditions are met:
(1) 
A petition, in writing, is submitted to the Board of Selectmen signed by the abutters owning at least 51% of the frontage on said way requesting said repairs.
(2) 
The Board of Selectmen declares by a majority vote that public necessity requires such repairs.
D. 
The owners of land abutting such way who derive special benefit or advantage from repairs on such way shall be assessed betterment charges by the Board of Selectmen. Said betterments shall be charged so that the abutters pay a sum equal to 75% of the total cost of repairs. Each abutter shall be charged in a proportionate manner based upon the percentage of frontage owned on said way. Payments shall be made and enforced under the provisions of MGL C. 80.
E. 
Repairs shall not be undertaken unless and until the Selectmen have in their possession copies of agreements recorded in the Registry of Deeds executed by all abutting owners of land along such way. The agreements shall state that the owners of land along such way release and save the Town harmless on account of any damage whatever caused by such repairs. The executors of such agreements shall be responsible for recording such agreements and paying any costs of relating to such recording in the Registry of Deeds for district where the land is situated. Such agreements shall be deemed to be covenants running with the land and shall be binding upon all subsequent owners thereof.
[Adopted 3-14-1966 ATM, Art. 38]

§ 180-5 Permit required; reimbursement for damages; establishment of fees and regulations.

[Amended 5-12-1997 ATM, Art. 32]
A. 
No person or other entity shall dig up or obstruct any portion of any way which the Town is obliged to keep in repair without first obtaining a permit, in writing, from the Director of Public Works for projects which disturb less than 100 feet of roadway or right-of-way, or from the Board of Selectmen and the Director of Public Works for projects which disturb 100 feet or more of roadway or right-of-way; nor, having obtained such permit, shall he fail to comply with the conditions thereof; and, in addition to any penalty or penalties to which he may be subjected under this article for such failure, he shall reimburse the Town for all expenses and damages which the Town may be compelled to pay by reason of such unauthorized use or any failure to comply with said conditions.
[Amended 4-26-2010 ATM, Art. 13]
B. 
The Board of Selectmen shall establish and may, from time to time, amend the fee to be paid to the Town for a permit issued hereunder and may also adopt rules and regulations for the implementation of this article.

§ 180-6 Violations and penalties.

[Amended 5-12-1997 ATM, Art. 32; 4-29-2002 ATM, Art. 35]
A. 
Any person or other entity violating the provisions of this article or regulations of the Board of Selectmen adopted hereunder shall be punished by a fine of not more than two times the permit fee for each offense thereunder, or when enforced by noncriminal disposition pursuant to MGL C. 40, § 21D, the fine for digging up or obstructing a way without the permit required by § 180-5 above shall be as follows:
(1) 
First and subsequent offenses: $300.
(2) 
With each day of violation constituting a separate offense.
B. 
Any person who, having obtained such permit, fails to comply with any condition thereof shall be subject to the following fines:
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third and subsequent offenses: $300.