As used in this article, the following terms shall have the
meanings indicated:
DRIVEWAY
A driveway, private road, logging road, temporary access for construction, logging or testing and other privately owned access to and egress from a way; see also §
153-12 below.
PUBLIC WAY
A way laid out by a public agency or dedicated to public
use or laid out for public use or used and maintained as a public
way.
WAY
Any public way which is not subject to MGL c. 81, § 21
(state curb cut permit).
The purpose of this article is to:
A. Provide maximum protection to the public through the orderly control
of traffic moving onto and from a way.
B. Provide a uniform practice in the design and construction of entrances
and exits.
C. Provide the necessary drainage.
This article shall also govern the creation of privately owned
nonvehicular access to and egress from a way, including but not limited
to walks, footpaths, bridle paths, bicycle paths, cow paths, steps
and stairs. For the purpose of this article, any nonvehicular access
shall be considered a driveway.
Any abutting property owner desiring to gain access to a way
or desiring to alter, change or close an existing driveway shall do
so only in accordance with the provisions of a permit issued by the
Board of Selectmen.
A. Application.
(1) Before beginning construction, the abutting property owner or his
duly authorized agent shall make written application to the Board
of Selectmen on forms provided by the Board, including a plan showing
any driveway that is to be created, altered or closed and details
on drainage.
(2) The application shall contain a description of the proposed construction
as far as it encroaches upon or affects the public road or public
way and its shoulders, banks, ditches, drainage and other features.
The application shall also describe the effect on traffic. A fee shall
be paid to the Town of Great Barrington when the application is submitted
to the Board of Selectmen.
[Amended 5-14-2007 ATM, Art. 28]
B. Processing of applications by Highway Superintendent. The Highway Superintendent shall examine the application in order to determine if it conforms to sound design requirements, including those listed in §
153-14 below. He shall make a recommendation to the Board of Selectmen within 10 days after receipt of the written application, setting forth conditions that he deems reasonable.
C. Action by the Board of Selectmen. The Board of Selectmen shall issue
or deny a permit within 10 days after receiving a recommendation from
the Highway Superintendent. The permit shall set forth conditions
which the Selectmen deem reasonable. The denial shall give reasons;
it may contain suggestions for a revised application.
All work shall be inspected during and after construction. The
Highway Superintendent may halt any work not done in accordance with
the permit.
No permit shall be required for:
A. Driveways already in existence, except for significant alterations.
B. Driveways reviewed by municipal boards under other existing regulations
or bylaws.
Abutting property owners shall be responsible for keeping culverts
under their driveways cleared and for maintaining driveways in condition
conforming to the requirements of the permit and to the intent and
spirit of this article. Driveways already in existence on the effective
date of this article shall be maintained by the abutting property
owners in their best preexisting condition.
Strict compliance with the requirements of this article may
be waived by the vote of the Board of Selectmen at a duly posted meeting
when in the judgment of the Board such action is in the public interest
and not in opposition to the intent of the article.