[Adopted 3-10-1997 STM
by Art. S16 (Art. IXA of the Bylaws)]
In this bylaw, the following terms shall have the meanings prescribed
below:
Any alteration of the physical or traffic operational features
of the access.
Shall not be construed to mean a state highway pursuant to
MGL c. 81, § 21.
That generated by a facility which meets or exceeds any of
the following thresholds:
Residential, including hotels, motels, lodging house and dormitories:
any increase to the existing certificate of occupancy of more than
25 persons.
Nonresidential: 250 trips per day, as defined in the ITE Trip
Generation Manual, 4th Edition.
Nonresidential: 25 new parking spaces.
Nonresidential: 5,000 new square feet.
[Amended 5-10-2021 ATM by Art. 44]
The Select Board shall be responsible for the issuance and/or
denial of public way access permits. A permit applicant shall request
issuance of a permit on a standard form supplied by the Select Board.
[Amended 5-10-2021 ATM by Art. 44]
A.
Any application for a public way access permit, other than an application
pertaining to a single-family residential structure, shall be transmitted
by the Select Board within three working days to the Planning Board
for review and comment. The Planning Board shall, within 20 days of
receipt of the application, report to the Select Board in writing
its findings as to the safety of the proposed activity and, in the
event of a finding that the proposed activity would be unsafe, its
recommendations, if possible, for the adjustment thereof. Failure
by the Planning Board to respond within 20 days of the receipt of
the application shall be deemed lack of opposition thereto.
B.
C.
The Select Board may retain a qualified technical expert to assist
in its assessment of the traffic impact of the proposal. The fee for
such expert shall be paid by the applicant prior to the issuance,
if any, of the public way access permit.
[Amended 5-10-2021 ATM by Art. 44]
A.
The Select Board may deny the issuance of a public way access permit
due to the failure of the applicant to provide sufficient highway
improvements to facilitate safe and efficient highway operations or
when the construction and use of the access applied for would create
a condition that is unsafe or endangers the public safety and welfare.
B.
The Select Board may, in the alternative, condition an access permit
to facilitate safe and efficient traffic operations, to mitigate traffic
impacts, and to avoid or minimize environmental damage during the
construction period and throughout the term of the permit. Such conditions
may include, but not be limited to:
(1)
Necessary limitation on turning movements;
(2)
Restrictions on the number of access points to serve the parcel;
(3)
Vehicle trip reduction techniques;
(4)
Necessary and reasonable efforts to maintain existing levels of service;
(5)
Design and construction of necessary public way improvements by the
permittee; and
(6)
Reimbursement by the permittee of costs of Town inspection of public
way improvement work.
C.
Variance. Where site or access standards do not allow the proposed
access to meet these standards, the Select Board may vary application
of the design standards on a case-by-case basis, upon the finding
that:
(1)
For either a private applicant or a governmental entity, there are
no reasonable available alternatives which would allow access in compliance
with these standards. In this case, the applicant must commit to provide
measures to mitigate impact to traffic and operational safety, which
the Select Board determines are necessary;
(2)
As an alternative procedure for a governmental entity only, the variance
is necessary to accommodate an overriding municipal, regional or state
public interest, including the avoidance or minimization of environmental
impacts.
[Amended 5-10-2021 ATM by Art. 44]
A.
Construction under the terms of a public way access permit shall
be completed within one year of the date of issue, unless otherwise
stated in the permit. The Select Board may extend the permit for an
additional year, at the written request of the permittee, filed prior
to the expiration of the original construction period.
B.
When the Select Board determines that a permit condition has not
been complied with, it may suspend or revoke a public way access permit
if, after notice to the permittee of the alleged noncompliance, 24
hours have elapsed without compliance.
C.
The Select Board may require a performance bond to be posted by the
permittee in an amount not to exceed the estimated cost of the work,
or $50,000, whichever is less. The performance bond shall be posted
prior to the issuance of the permit.
D.
The Select Board may issue written orders to enforce the provisions
of this bylaw.
