A. 
It is the purpose of this article to implement the provisions of § 125-29G, Type 5 lots, and § 125-34, Mini-subdivisions, added to the Harvard Protective Bylaw in March 1981. A mini-subdivision is a subdivision made in accordance with a special permit granted by the Planning Board under § 125-34, Mini-subdivisions, of the Harvard Protective Bylaw, in which up to three lots may have frontage on a way designed to well-constructed driveway standards. The Protective Bylaw also provides conditions under which this way may also serve a fourth lot whose frontage is on a regular street.
B. 
The Protective Bylaw sets up a number of conditions on the use of mini-subdivisions. Among these are:
(1) 
Mini-subdivisions are available only for residential use.
(2) 
Each lot which has frontage on the mini-subdivision way must meet the Bylaw standards for Type 5 lots which included, in 1981, a frontage of 180 feet and a minimum land area of three acres.
(3) 
The way serving the mini-subdivision is not to be extended and must be permanently restricted to being private property.
(4) 
The Planning Board must grant a special permit for the mini-subdivision. (The hearing for the special permit is held concurrently with the hearing on the definitive plan for the mini-subdivision.)
C. 
It is the intent to provide for light-duty roadway construction and street design for situations in which there is no through passage or linkage with other ways or driveways, in which design for twenty-mile-per-hour traffic movement is adequate, in which the number of house lots being served does not exceed four, and in which the total frontage required of these lots is generally less than the length of both sides of the roadway that will serve them. Thus, not only are light (driveway) construction standards permissible, but drainage can be provided on the assumption that not every foot of street side line will be potential frontage.
As used in this article, terms shall have following meanings except where the context indicates otherwise:
DRIVE
The roadway of the mini-subdivision. The terms "drive" and "way" for the mini-subdivision correspond to the terms "roadway" and "street" as used in the Protective Bylaw and in describing a conventional subdivision.
DRIVEWAY
A branch driveway serving an individual lot. Shared driveways are not permitted in mini-subdivisions.
OTHER SECTIONS
The remainder of this chapter, Articles I through IV, inclusive. A reference in this article to a specific section of this chapter is generally a reference to "other sections."
ROAD
The roadway of a regular street (see below).
STREET
A public way or an approved subdivision way not constructed under this article.
THIS ARTICLE
The entire Article V, Mini-Subdivision, of this chapter.
WAY
The right-of-way of the mini-subdivision, corresponding to the street of a usual subdivision.
Generally, all provisions of this chapter apply to mini-subdivisions except as they are specifically modified here.
A. 
Mini-subdivision as variation. Wherever the provisions of this article modify the provisions of other sections, the provisions of this article shall be interpreted as variations of provisions of such other sections of this chapter. Such variations shall be valid only if they are found to be in the public interest as a result of the special permit proceeding for the mini-subdivision. (See § 130-5 of this chapter.) In any instance in which the Planning Board has reason to believe that such other provisions should not be varied, either in whole or in part, it shall apply the suitable stricter standards found elsewhere in this chapter, unvaried. In particular, such stricter standards shall be considered:
(1) 
Where the way crosses land shown on the USSCS Soils Map of Harvard as having a Degree of Difficulty 3, Severe, for the construction of roads.
(2) 
Where it appears that the way and its drive will experience more intensive use than intended for a simple mini-subdivision.
B. 
Applicability of flexible plan subdivision.
(1) 
Mini-subdivision may be combined with residential use FPS (flexible plan subdivision) as provided in the FPS development and single residence use sections of the Protective Bylaw.[1] Under FPS, individual conventional Type 5 lot dimensions may be reduced to those given in the following table:
Minimum Reduced Dimensions
for Type 5 Lots under FPS
Item
Reduced Size 1981 Bylaw
1982 Bylaw Change
Minimum land area (acres)
> 2
> 2
Lot width circle diameter (feet)
288
270
Lot width circle setback from center line of way (feet)
170
155 to 180
Minimum compact contiguous area of buildable land (acres)
> 1/2
> 1/2
(Note: A Protective Bylaw amendment passed by the 1982 Annual Town Meeting reduced the applicable FPS lot width circle diameter to 270 feet at a setback of 155 feet, as well as relaxing common open space requirements under FPS.)
[1]
Editor's Note: The provisions of the Protective Bylaw authorizing flexible plan subdivision were repealed by Art. 12 of the 11-16-1987 Special Town Meeting. For single residence use see § 125-8.
(2) 
Interpretation of lot width circle location. The FPS development section of the Protective Bylaw provides that this chapter may provide interpretive detail for the overall design of an FPS. To achieve maximum flexibility in combining FPS with mini-subdivision, the center of the lot width circle may be located anywhere between the reduced and the unreduced setback distance from the center line of the way (see table above). (This interpretation was explicit in the 1982 Bylaw change proposal.)
C. 
Mini-subdivisions on dead-end streets. A conventional dead-end street which is longer than 500 feet shall end in an approved turnaround as in Article IV. A conventional dead-end street which is less than 500 feet long may end in an approved turnaround of the type specified in Article IV. Alternatively, it may branch at its end into two mini-subdivision ways at a "T" ("Y") intersection, as specified in this article, but both methods shall not be used together. Otherwise, the intersection of a mini-subdivision way with a conventional dead-end street shall be at least 270 feet from the beginning of the turnaround at the end of such street and at least 270 feet from the street on which the dead end begins.
(1) 
Permanently private limited-use dead-end street. If a conventional dead-end street ends in a branch into two mini-subdivision ways and the street, including connected mini-subdivisions, serves only single- or two-family dwellings not exceeding a total of eight dwelling units, and there is no planned or actual commercial activity served, including commercial agriculture, and the subdivision for the street is joined to the mini-subdivision in such a manner that the street is included in the restrictions, to run with the land, that such street is to remain permanently private property managed and maintained by the qualified homeowners' association and that such street may not be extended, then:
(a) 
The width of such dead-end street may be reduced to 40 feet; and
(b) 
The width of the roadway pavement within such dead-end street may be reduced to 20 feet; and
(c) 
Surface drainage design of such dead-end street may be as for a mini-subdivision way.
(2) 
Terminal "T" design. If a dead-end street ends in two mini-subdivision ways, it shall do so in a "T" ("Y") intersection such that:
(a) 
No pair of center lines of the legs of such "T" ("Y") project to meet at an angle of less than 90° or more than 180°; and
(b) 
The intersection is usable as a turnaround (backing up only once) by an AASHO SU30 single-unit truck and by an AASHO C50 trailer truck; and
(c) 
The sides of the intersection at the end of the street have an (additional) easement for the disposal of snow from snowplowing the intersection.
[1] 
Each such easement shall be at least 15 feet deep and shall front on the roadway(s):
[a] 
For a length of 60 feet opposite the end of the stem of the "T" ("Y"); and
[b] 
For a corresponding length of 30 feet on the other side of each branch of the "T" ("Y"), alongside the arc joining road and drive.
[2] 
The snowplowing easements are in addition to the minimum frontage requirement for any lot which may abut the intersection. The easement shall not be used for the connection of a driveway to the street of the mini-subdivision way.
Subsections A through C of this section are policy statements by the Planning Board which may be cited in connection with a particular substantive finding or judgment by the Board.
A. 
Mini-subdivision as an alternative to hammerhead or backland lots. It is intended that mini-subdivision serve as an alternate means of development for land that might formerly have been developed as a constellation of hammerhead and/or backland lots served by common or shared driveway(s). A series of access necks for such lots side by side poses a potential public safety hazard sui generis because they include the right (and the feasibility) to build individual driveways. The individual driveways, if built, are generally too close together for safe traffic flow on the winding and hilliest parts of the old roads that make up most of the preexisting street frontage in Harvard. In addition, a collection of driveways leading to houses generally not visible from the street poses a major source of confusion and hazard in time of fire, police, or ambulance emergency, not only for the victims but for the personnel attempting to provide the emergency services.
B. 
Shared driveways as possible creators of subdivisions. In the past, before mini-subdivision became available, many groups of lots have been served by a shared driveway with no intention, and marginal economic feasibility, of developing individual lot accesses to the street. It is possible that such lots do not have the access to public services, and to the street, contemplated by the Subdivision Control Law, even though some control over adequacy of layout and construction of the driveway is available through Bylaw specifications and special permit restrictions.
(1) 
The fact that a developer never intends that access be over other than a common or shared driveway may be an indication that he is building a subdivision within the meaning of the SCL. In Gifford et al vs. Planning Board of Nantucket et al (Mass 383 NE 2d 1123), the State Supreme Judicial Court considered a division of land into many hammerhead-type lots to be a subdivision, even though the lots had nominal frontage on a public way, and even though the plan had been endorsed by the Planning Board as not requiring approval under the SCL. The Court, in its decision, laid emphasis upon the length of access necks, inadequacy of lines of sight to traffic from some frontage, confusion of driveways and unobservability of houses from the street for adequate fire protection and police patrols. Finally, the Court noted that there was no real intent to use the individual necks as access: "...the measure of the case was...that the developers would ultimately have to join some necks to provide ways from lots to the public way; but that is an indication that we have here a subdivision requiring antecedent approval."
(2) 
Any way or driveway which provides access to the street for two or more lots may be providing de facto (but not legal) frontage for those lots; if used as a street, such a way should be designed as a street providing legal frontage, with design appropriate to the expected intensity of use, whether or not buildings could have been served from some other street.
(3) 
The fact that the Protective Bylaw may provide specific minimum geometric design standards for certain types of driveways or ways does not relieve the Planning Board of its responsibilities under the SCL to require access to lots over ways that meet minimum construction standards also.
C. 
Shared driveway construction policy. It will be the policy of the Planning Board to require the same standards of construction for shared driveways under a special permit for hammerhead and/or backland lots as it requires for the corresponding light use of a mini-subdivision drive under this chapter.
All of the provisions of Article III, Subdivision Plans and Procedures, apply to mini-subdivisions without variation, except as specifically provided below.
A. 
Sample procedure. No change from § 130-15.
B. 
Preliminary phase. No change from § 130-16.
C. 
Definitive plan. Provisions of § 130-17, Definitive plan, remain unvaried except:
(1) 
Contours and incidental features. Detailed contouring is required only in the general vicinity (e.g., within 75 feet) of the proposed drive and its drainage system, or other areas where land is to be graded or filled, and the site plan may omit features, such as some stone walls, which are unrelated to the way, to lot boundaries, or to the siting of structures.
(2) 
Name. Each mini-subdivision way will be assigned a name by the Planning Board in accordance with its then-current policy. Suggested names will be given consideration but not necessarily adopted. Any sign bearing the street name shall also include the designation "Private Property."
(3) 
Restrictions. The plot plan shall identify as such all land that is to be held and administered by a qualified homeowners' association. It shall bear restrictions satisfactory to the Planning Board, to run with the land, permanently restricting the way(s) shown to remain private property and not to be extended, and any other restrictions and easements that are required for the mini-subdivision by this chapter and by the Protective Bylaw. It shall incorporate by reference the documents, satisfactory to the Planning Board, creating the qualified homeowners' association and setting forth permanent responsibility for the common open space and for maintenance and snow removal on the mini-subdivision way(s). Said documents shall be recorded after the approval of the plan and prior to its endorsement. (For process and requirements for the creation of common open space and the qualified homeowners' association, see § 130-37.)
D. 
Performance assurance. The provisions of § 130-19, Performance assurance, remain unvaried except:
(1) 
Reduction of security for performance assurance. At his option the developer may execute one of the forms of completion security, to the full amount of the cost plus inflation and overhead, as set forth in § 81U of the SCL and Article III of this chapter. Alternatively he may elect to provide reduced completion security in accordance with all of the terms of this subsection.
(a) 
The developer may provide as security for the completion of the mini-subdivision (but not associated regular subdivisions) a cash deposit in an amount equal to the cost to the Town, plus inflation and overhead, as specified in Article III of this chapter, of obtaining as-built plans, placing bounds, and installing street signs. However, all of the following conditions must be met:
[1] 
The Planning Board must have inscribed on the definitive plot plan conditions in accordance with SCL § 81R that no building permit will be issued on any particular lot until the Planning Board has stated in writing that a stable and usable drive has been constructed and installed to serve that lot, conforming in geometric layout and in construction to that specified in the site and profiles plans approved by the Board, and that utilities have been provided and any required measures for fire protection have been completed; and
[2] 
The amount of the deposit must be satisfactory to the Planning Board; and
[3] 
The developer must have agreed in writing to the development schedule and timing for the use by the Town of the security as set forth in Article III; and
[4] 
Any other restrictions or agreements that may be necessary to comply with the provisions of § 125-34, Mini-subdivisions, and § 125-29g, Type 5 lots, of the Protective Bylaw and other provisions of this chapter must have been executed and recorded.
(b) 
The rationale of this reduction in security is that in such cases, where the way and the drive are not adequate for general subdivision use, the imposition of conditions under SCL § 81R is proper, and since there is no possibility of change of use or intensity of use by extension, the public interest and responsibility are adequately served by such conditions.
(2) 
Completion. Reduction of security shall not affect the procedures or criteria for judging completeness of the way as a street under this chapter nor the applicability of § 81U of the SCL. Until the way is complete (after a winter and succeeding spring), the drive will be inspected, or reinspected, for adequacy prior to each and every authorization for a building permit and prior to the issuance of each and every occupancy permit. (The intended effect of the reduction of security and the use of conditions under § 81R is to permit construction to proceed in a mini-subdivision just as it would for a collection of hammerhead and backland lots served by a shared driveway, without necessarily having to wait for the passage of a winter and succeeding spring, even though the judgment of final completion is so postponed.)
All of the provisions of Article IV, Design and Construction Standards, of this chapter shall remain unvaried except as specifically varied below. Variations within a subsection or sentence extend only to the subject matter of the variation and not to related matters or other matters in the same subsection or sentence.
A. 
Number of lanes. On that part of the way which serves as frontage for two or more lots, or for which the drive serves two or more lots, the drive shall be two lanes wide. That part of the drive which serves only one lot may be one lane wide, provided it widens to two lanes for passing at least every 300 feet. A single-lane drive shall also widen to two lanes for a distance of at least 25 feet, plus flare and transition {see Subsection D(3)(c)[7][c], Transition, below}, at the intersection with the roadway of a street.
B. 
Alternate specification of widths. As an alternative to the specification of width of drive and the computation of width of gravel base and shoulders in the subsections below, the width dimensions tabulated in Table A may be substituted for the width computations in the referenced subsections of this section, subject to the conditions noted in the table, and subject to the limitations below.
(1) 
Table A may not be used for segments of the drive for which cut or fill exceeds three feet, nor in turnarounds and intersections where the inside radius of the finished surface of the drive is less than 70 feet. The information provided in Table A in the columns marked "Conventional Subdivision" and "Limited Use Private Dead End" is for comparison purposes only and is not for use in design. Table A does not replace or supersede the mini-subdivision width requirements of any numbered subsection other than the ones referenced for each specific case in the "See Sections" column.
(2) 
When Table A is being used in width design, the finished surface of the drive should be located on the gravel base in such a way that the base extends into or under both shoulders by at least two feet. The placement of the drive surface on curves should be asymmetric, where this is possible within the foregoing constraint, so that there is two feet more gravel width under the shoulder on the inside of the curve than on the outside.
(3) 
Note that Table A does not permit a reduction in width of roadway plus shoulders below 20 feet, because it is assumed that the single-lane drive is nevertheless a fire lane within the intent of the National Fire Prevention Code (NFPA Standard 1, Section 3.1.1.10), which requires 20 feet of fire lane width to all buildings set back more than 150 feet from the public road. When the provisions of this section are being used as guidelines for the specification of a driveway (not a mini-subdivision drive) less than 150 feet long, then sixteen-foot width of roadway plus shoulders may be used. The Planning Board urges that all driveways over 150 feet long be cleared to the full twenty-foot fire lane width.
Table A
Street and Roadway Width Requirements
Summarized from § 130-23, Street Design, and
Article V, Mini-Subdivision
Item
See §§ 130-
Conventional Subdivision (Including Standard Dead End)
Limited Use Private Dead End [See § 130- 30C(1)]
Mini- Subdivision
Width of right- of-way (feet)
23D(1)(a) 33D(3)(c)[1]
50
40
40
Width of roadway plus shoulders (feet)
30C(1) 33D(3)(c)[7][a] and [b] 33D(5)(a)[2] 33F(2)
> 36 to 38
> 32
Two lanes: > 241 One lane: > 20
Width of gravel base (feet)
23D(1)(g) 23F 30C(1) 33D(3)(c)[7][a] and [b] 33D(5)(a)(2) 33F(3)(a) and (b)
28 to 32
> 24 to 26
Two lanes: > 241 One lane: > 202
Width of finished surface (feet)
33D(3)(c)[7][a] and [b]
24 to 26 Paved
> 20 Paved
Two lanes: > 183,4 One lane: > 12
NOTES:
1If the condition below is met, this distance may be reduced to 20 feet.
2If the condition below is met and the distance to the nearest house is more than 200 feet so that, in the opinion of the Planning Board, provision for drive-side parking is not necessary, this distance may be reduced to 16 feet.
3If the condition below is met, the width may be reduced to 16 feet.
4See § 130-33F(2) for surfacing options.
Condition for reduced width: In the judgment of the Planning Board, the drive is nearly straight (center-line radius of curvature greater than 200 feet) and is essentially at grade on a firm subbase and the distance along the drive to the nearest intersection, driveway or turnaround, or to the street, is more than 40 feet.
C. 
Open space. Mandatory open space areas to be held in common shall include the subdivision way and any islands within turnarounds.
D. 
Way design. Design of the way shall be in accordance with § 130-23, Street design, except:
(1) 
Projection of way prohibited. Ways shall not be designed for projection to other streets nor for access to other streets or property (other than open space or conservation areas) not in the mini-subdivision. A mini-subdivision shall not be used as the extension of a dead-end street, or connected to a dead-end street, except as specifically provided above in this section.
(2) 
Intersection angle with street or driveway. Intersection angles between the mini-subdivision way and a street or between the mini-subdivision way and a connecting driveway shall be as in § 130-23C, Intersections.
(3) 
Dimensions. Way and drive construction shall be for twenty-mile-per-hour light traffic on rolling terrain in accordance with AASHO Design Guide for Local Roads and Streets, Part I, Rural (1971 Revision of 1970 Edition, abbreviated hereafter "AASHO DG"), Tables 2, 3, 4, 5, 6, 7 and 10, except that design grade is not to exceed 10% except with permission from the Planning Board.
(a) 
If there is clear visibility across the inside of the curve with vegetation full leaf, and if the grade in the curve does not exceed 6%, fifteen-mile-per-hour design, one-hundred-foot sight distance, and eighty-foot center-line radius of curvature may be used for curves whose center-line radius is between 80 and 125 feet.
(b) 
The following table tabulates some provisions of Tables 2, 4 and 10 of the AASHO DG and of this chapter with respect to radius of curves. The table is for comparison purposes only and does not waive any requirements of this chapter.
Sight Lines and Curves for Mini-Subdivision Drive
Based on Tables 2, 4, 5 and 10 of the 1971 Edition of AASHO Design Guide for Local Roads and Streets, Part I, Rural, and the provisions of Articles IV and V of this chapter.
Sight Distances
Stopping sight distance (AASHO DG Table 2)
150 feet
Visibility at intersection of drive with street (AASHO DG Table 10):
Streets with through traffic (See footnote, Table of Clear Lines of Sight)
400 feet
Streets with local traffic only (See footnote, Table of Clear Lines of Sight)
300 feet
Dead-end streets less than 500 feet long
200 feet
Horizontal Curves (based on this chapter and AASHO DG Table 4)
Minimum center-line radius of curvature for:
Drive outside turnarounds with clear line of sight across inside of curve with terrain in full leaf, and where the grade in the turn is < 6%
80 feet
Use of drive with frontage in loop turnarounds
80 feet
Elsewhere outside turnarounds and where grade exceeds 6%
100 feet
In parts of loop turnarounds not used as frontage (minimum outside radius of drive)
50 feet
(c) 
Mini-subdivision way and drive shall conform to the following:
[1] 
Way width > 40 feet.
[2] 
Linear dimensions in Figure 1[1] are reduced from 50 feet and 75 feet to 40 feet and 60 feet, respectively.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
[3] 
Except in turnarounds, center-line radius of curvature shall be not less than 80 feet. The radius may be as little as 80 feet where the grade does not exceed 6% and where minimum sight distance for speed exists across the inside of the curve. Otherwise, center-line radius of curvature shall conform to Table 2 of AASHO DG for 20 miles per hour and superelevation up to and including 10%. (AASHO DG Table 2 curve radius may be rounded off to the nearest multiple of 25 feet.)
[4] 
Stopping sight distance as in AASHO DG Table 10. Such distance is less than that in the second row of the Table of Clear Lines of Sight of this chapter because it is not necessary to allow for use of the mini-subdivision drive by school buses.
[5] 
No tangents needed separating reverse curves if sight distance is maintained.
[6] 
Separation of intersections. The general objective for separating mini-subdivision ways from one another, from common driveways, and from parallel streets is to avoid single minimum-size residential lots having multiply used ways on three sides and to avoid confusing multiple entrances to backland. Separation shall be as follows:
[a] 
Intersections of driveways with the mini-subdivision way shall be not closer than 50 feet to the street, and there shall be sufficient separation along the drive between such intersections that snow removal from adjacent driveway intersections does not conflict.
[b] 
Common driveways and the mini-subdivision way shall have at least two-hundred-fifty-foot separation of center lines, except where the Planning Board finds closer spacing at the street, or elsewhere, to be of no detriment in the safe, convenient use of the intervening land.
[c] 
Separation of mini-subdivision ways on the same side of the street shall be at least 180 feet plus 30 feet for each lot served by the way.
[7] 
Width of drive. (Note: The Protective Bylaw limits the center-line radius of curvature outside turnarounds and intersections.)
[a] 
On single-lane sections, > 12 feet, widening on curves to W feet where W is given by the formula: W > 10 + 200/R, for R less than 100 feet, where R is the inside radius of the drive in feet.
[b] 
On two-lane and passing sections, > 16 feet, widening on curves to W feet where W is given by the formula: W > 15 + 225/R, for R less than 225 feet, where R is the inside radius of the drive in feet.
[c] 
Transition. The length of transition between sections of drive having different widths shall be > eight feet of length per one foot of width change.
[d] 
Intersections with driveways shall be two lanes wide, 35 feet on either side of intersection of center lines, plus transition.
[e] 
Where both sides of the drive lie in cut or on fill, the above width dimensions shall be increased by two feet.
[8] 
No change in minimum edge radius (> 25 feet).
[9] 
Center-line grades: > 1% (to prevent undrained depressions); < 10% (< 6% in turnarounds); consistent with AASHO DG on curves; < 3% within 35 feet of a street intersection; < 7% within 100 feet of a street intersection.
(4) 
Turnaround. The mini-subdivision way is a dead-end street which shall terminate in a turnaround. It shall not branch into further ways or streets. The turnaround may be designed as a single-lane loop (with the entire interior of the loop being part of the way) or as a "T" ("Y") turnaround where both branches of the "T" ("Y") crossbar continue as driveways. The objective of these requirements is to ensure the maximum chance that the turnaround will be kept open by routine snowplowing in winter. The outside arc of a loop turnaround may be used for lot frontage, provided the arc radius is not less than 80 feet. The diameter of a loop turnaround shall not exceed 240 feet, but otherwise Figure 2[2] applies to this section only as a guide to design.
(a) 
The mini-subdivision way may extend 700 feet from the side line of a street, or from a fire pond or other approved source of water for fire fighting, the measurement being the most direct within the way to the far side of the turnaround.
(b) 
Junctions of driveways with the mini-subdivision drive shall be designed and constructed to be usable as turnarounds by an AASHO SU30 single-unit truck, and if the drive terminates on a street designated as serving through traffic in the Table of Clear Lines of Sight, the driveway junction closest to the street shall be usable as a turnaround for an AASHO C50 trailer truck.
(c) 
Lots may not have frontage on the end of the way unless it widens to the dimensions and design of a loop turnaround.
(d) 
Loop drive design shall be adequate for an AASHO C50 trailer truck use, moving forward. The outside radius of curvature of the loop drive shall not be less than 50 feet. The center of the turnaround, whether or not improved, shall be part of the mini-subdivision way. The way shall extend radially at least seven feet beyond the outer edge of the finished surface of the drive.
[2]
Editor's Note: Figure 2 is included at the end of this chapter.
(5) 
Shoulders. Shoulders shall be > two feet wide on both sides of a two-lane drive. On single-lane sections, one shoulder should be > five feet wide to allow for parking without interfering with access. Shoulder slope profiles may be adjusted to cause unconcentrated runoff to sheet off the way, but concentrated runoff may not cross unprotected shoulders.
(a) 
On curves and embankments shoulders shall widen as follows:
[1] 
Shoulders less than five feet wide shall widen by two feet for each vertical foot of embankment beyond the first three feet above natural grade.
[2] 
An outside shoulder on curves shall have a width of at least S feet where S is given by the formula: S = 2 + 150/R, where R is the inside radius of the drive in feet.
(b) 
A shoulder abutting a cut shall be increased in width by two feet over the width specified above (in order to have adequate room for plowed snow).
(6) 
Underground utilities. Underground utilities may be required in open areas and in harmony with the neighborhood. Poles and lighting standards (if used) shall be at least five feet from the edge of the drive.
(7) 
Drainage design. Drainage design requirements are not varied, except that the use of catch basins and storm sewer lines is to be based on need as determined by the Planning Board rather than to be universally compulsory. Need for catch basins can be assumed at the intersection of the way with a street if the Selectmen do not determine otherwise and elsewhere where, in the opinion of the Planning Board, there is concentration of runoff from a sufficiently extensive area to result in erosion if catch basins are not used.
(8) 
Footpaths. Footpaths need not be provided except as access to open space of conservation areas where, in the opinion of the Planning Board, the nature of the terrain makes access otherwise difficult.
(9) 
Curbing. Curbing may be required where the drive is paved and where there is concentration of runoff.
(10) 
Drive-side trees. With occasional exceptions, trees shall be far enough back from the drive to permit drive-side parking without blocking the traveled drive.
(11) 
Street sign location. No change in street sign location. [See however § 130-32C(2), Name, above, and Subsection F(5) below.]
(12) 
Bounds. No change in bounds for the way.
E. 
Other improvements. All of the provisions of § 130-24, Other improvements, shall apply, except that in an isolated mini-subdivision not having a suitable water supply as part of the locus (including land that was held or controlled in common with the proposed mini-subdivision or after on December 31, 1981), a fire pond or cistern will not be required. However, if the mini-subdivision is being developed along with other properties encompassing 10 or more lots or covering 25 or more acres, then the fire pond or cistern may be required. In determining the need for a fire pond or cistern, or other means of supplying water for fire fighting, the Board may take into consideration the results (including preliminary results) of the deliberations of the Fire Pond Site Selection Committee established by the 1981 Annual Town Meeting.
F. 
Construction details. Construction shall be as in § 130-25, Construction details, except as specifically varied below.
(1) 
Crown. The drive shall have a four-inch crown or, if approved by the Planning Board, a cross slope of 1/4 inch to 1/2 inch per foot (AASHO DG Table 3).
(2) 
Drive surface. The drive surface may have a gravel finish if its slope is between the permitted minimum and 5%, inclusive, except where it is the opinion of the Planning Board that the terrain and design result in water being carried along the drive surface (rather than sheeting off at right angles to it), in which case the surface shall be sealed or paved as the Board requires. The drive may have a sealed surface for grades up to 8% inclusive, except where soil and potential erosion conditions are such that it is the opinion of the Board that a heavier-wear surface is needed. Grades over 8%, and others as required by the Board, shall be paved as specified for conventional subdivision (§ 130-25A).
(a) 
Gravel finish shall be at least three inches thick, compacted measure. It shall be of a composition suitable, in the opinion of the Planning Board, for the actual drainage conditions and shall contain no stones larger than 1 1/2 inches in size. Where the subbase is firm, well-drained gravel, the Planning Board may permit the substitution of a four-inch layer of finish gravel for the upper four inches of gravel base (the total gravel thickness remaining at least 12 inches).
(b) 
A drive surface that is to be sealed shall have a base and finish as required for an unsealed drive. It shall then be sealed by penetration with at least one gallon per square yard of an asphalt emulsion or cut satisfactory to the Planning Board, with conditions of application as specified for asphalt penetration in § 130-25A, Roadway subgrade, base and surface.
(3) 
Gravel base. The gravel base shall be constructed as specified for conventional subdivision roads (§ 130-25A), except that the depth of excavation for gravel base should be equal to the sum of the thickness of gravel base and finish layer actually to be used.
(a) 
The gravel base shall extend two feet beyond the finished surface of the drive on both sides.
(b) 
On the inside of a drive curve which has an inside radius of less than 150 feet, including edge radii at intersections and in turnarounds, the gravel shall be continued an extra two feet.
(4) 
Embankments. It is intended that the mini-subdivision drive follow natural grade plus or minus three feet, vertically, except for short stretches. The regular six-foot shoulder cross section applies for cut or fill in excess of plus or minus five vertical feet. Embankments up to plus or minus three vertical feet may be stabilized by loam, seed, and protective hay mulch or they may stabilized by at least five inches of wood chips. Such minor embankments will generally not require guardrails.
(5) 
Drive construction generally unvaried. Remainder of § 130-25, Construction details, unvaried. However, the warning sign bearing the statement "Not an Accepted Way" shall be replaced by a similar sign bearing the statement "Private Property. Not For Public Use."
G. 
Fire ponds. Section 130-26, Fire ponds, not varied.
H. 
Maintenance of completed way. The way is to remain permanently private property. Maintenance after formal completion (see § 130-19E, Completion, of this chapter) is the responsibility of the qualified homeowners' association which must be created, under § 125-34, Mini-subdivisions, of the Protective Bylaw, to assume responsibility for maintenance and snow removal and to manage common open space within the subdivision.