[HISTORY: Adopted by the Select Board of the Town of Sherborn 11-24-1998; amended 8-12-1999. Subsequent amendments noted where applicable.[1]]
ATTACHMENTS
Attachment 1 - Appendix A, Driveways Design Standards
[1]
Editor's Note: The codification of these regulations as Ch. 320 of the Town Code was approved by the Select Board 6-19-2024.
A. 
Application for driveway location approval shall be filed with the Department of Public Works Director as a representative of the Select Board.
[Amended 6-19-2024]
B. 
Upon request for an application for driveway location approval, the Director of Public Works shall provide the person making the request with the application form, a copy of these regulations and a copy of the Town of Sherborn General Bylaws Chapter 125.
C. 
A complete application shall consist of:
(1) 
Application form for driveway location approval;
(2) 
Driveway location plan;
(3) 
Copies of prior Board of Appeals permits and variances if any;
(4) 
A Massachusetts Department of Transportation street entrance permit, where required (some locations only);
[Amended 6-19-2024]
(5) 
Properly executed consent by the owner where the site involves property not owned by the applicant;
(6) 
Photographs where deemed necessary by the Director of Public Works due to the nature of the site as requested;
(7) 
Copies of all required driveway easements as recorded at the registry of deeds.
The application for driveway location approval shall be made on a form approved by the Select Board titled "Application for permit to construct a driveway."
A. 
Format.
(1) 
A clear, legible and transparent reproducible copy, largest dimension not to exceed 36 inches.
(2) 
Drawn to scale of one inch equals 20 feet, unless special permission is granted to use the scale one inch equals 40 feet.
(3) 
Prepared by and showing the seal and the signature of a registered professional engineer or registered land surveyor.
(4) 
Locate and scale.
(a) 
Buildings, all existing and proposed.
(b) 
Parking areas.
(c) 
Type of driveway and parking surface area.
(5) 
Locate all landscape features including trees 1 1/2 inches or more in diameter, grass areas, plantings, rock walls, curbs, poles, fences or screening; etc. within 25 feet of proposed driveway unless a greater distance is necessary when calculating line-of-sight distance.
(6) 
Indicate existing and proposed surface water flow from the proposed driveway (no discharge is permitted on public way without prior written permission from proper authority).
(7) 
Indicate all setbacks for building, parking, storage, screening, signs, pumps and hydrants where such features will need to be considered when calculating sight distance.
(8) 
List, locate and describe (underground and above) where such features will need to be considered when calculating sight distance:
(a) 
Water supply.
(b) 
Electricity supply.
(c) 
Gas supply.
(d) 
Septic system.
(9) 
List, locate and describe all signs as to height, size, single- or double-sided, illumination and side elevation where such features will need to be considered when calculating sight distance.
(10) 
Locate and describe all entrances and exits to roads, including size.
(11) 
Line-of-sight distance for all proposed driveways shall be shown for both directions of travel on the public way.
(12) 
Locate distances to nearest adjacent driveways on each side of street and across the street if applicable.
B. 
Proposed construction. All proposed construction, including but not limited to upgrading and drainage pipes, increased size of parking areas, change of grades, shall be drawn on the plan so as to clearly distinguish it from existing construction at the site.
C. 
Design standards. See design standards for standard driveways set forth in Appendix A (Standard Driveways).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
D. 
Waiver provisions. The Director of Public Works may, at his discretion, waive any of the requirements of § 320-3 if, in his opinion, the requirement is unnecessary for the relocation of an existing driveway or would cause undue hardship on the applicant, taking into consideration the size and configuration of the site, the buildings and other structures located or to be located thereon, the complexity of the plan, topography, the existence of wetlands, or other local conditions.
A. 
The Director of Public Works may request that the applicant provide additional information as necessary to evaluate the application properly.
B. 
Upon approval of the plan, with or without conditions, the Director of Public Works shall sign and date the plan under the legend "Approved" or "Approved with conditions." If needed, a street number will be assigned.
C. 
Approval of a plan by the Director of Public Works shall not relieve the applicant from conforming to the requirements of, or making application to, other boards or commissions on matters within their jurisdiction.
D. 
If the Director of Public Works disapproves a plan, he shall state his reasons therefor. Grounds for denial shall be noncompliance with the standard driveway design standards shown in Appendix A or noncompliance with any requirement of these rules and regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E. 
No approval will be granted:
(1) 
For a driveway along a designated scenic road, where compliance with the attached schedule requires the removal of any tree or the alteration of a stone wall on such a scenic road, unless such removal or alteration has first been approved by the Planning Board after a hearing in accordance with the scenic road statute and regulations;[2] or
[Amended 6-19-2024]
[2]
Editor's Note: See Chapter 380, Part 3, Scenic Roads.
(2) 
For a driveway along any road that is not a scenic road, where compliance with the attached schedule[3] has the effect of changing the rural character of the road by requiring the removal of any tree, stone wall or other scenic characteristic of a road that is not a scenic road, unless this requirement is waived for good cause shown by the Director of CM&D.
[3]
Editor's Note: See the list of scenic roads in Ch. 380, Planning Board Regulations, § 380-3.3.
A. 
No changes in the physical condition of the site, including changes in the location or design of structures or systems, following initial approval of the approved driveway location plan may be made without prior written approval of the Director of Public Works.
B. 
Before implementing such changes, the applicant shall file a copy of the plan with the Director of Public Works clearly indicating the changes, requesting modification of the approval of the plan to reflect such changes.
C. 
Depending on the nature and extent of the changes, the Director of Public Works shall determine the appropriate review procedure in the circumstances.
D. 
Upon modification of his approval of the plan to reflect such changes, the applicant shall, at the request of the Director of Public Works, revise the plan to show all approved changes and provide the Director of Public Works with two copies of the plan as implemented.
A. 
The Director of Public Works has 15 business days from the receipt of a driveway application to approve, disapprove or approve with conditions said application or to refer application to Police Department and/or Traffic Safety Committee for comment. Such referral shall require written notification to applicant that additional study is required.
B. 
Time limitations stated in these regulations are for the orderly consideration of an application. The failure of the Director of Public Works to meet such time limitations shall not constitute approval of the application.
A. 
If, in the opinion of the Director of Public Works, there is an opportunity to improve roadway features such as sight distance, visibility, grade, drainage or any safety-related feature that would benefit motorist, residents or pedestrians using the street, a study may be required. The study may include potential improvements that could be implemented by the applicant alone or in cooperation with the Town of Sherborn.
B. 
If the approval of a driveway plan brings about repairs or improvements to the public way to enhance the safety of the driving public moving past the new driveway, all costs associated therewith shall be billed to and paid by the applicant. These costs shall be computed and presented to the applicant prior to approval so that the applicant has the opportunity to either accept responsibility for the charges so billed or to change the proposed driveway plan to avoid the road repairs or improvements. Failure to agree to pay such charges shall be grounds to deny the proposed plan.
[Amended 6-19-2024]
Any public shade trees affected by the proposed driveway shall be identified on the plan submitted. Any trees identified and proposed to be removed shall be brought in writing to the attention of the Tree Warden. Such notice shall be in advance so that any posting required, legal advertisement, notification and public hearing may be made in accordance with MGL c. 87. If the road to which the driveway will be connected is a scenic road, compliance with the Town's scenic road regulations as administered by the Planning Board is required prior to any removal.
Any stone wall affected by the proposed driveway, if on a scenic road and within the right of way, shall require approval of the Planning Board in accordance with MGL c. 40, § 15C.
The applicant or aggrieved person will be allowed to appeal to the Planning Board if application is denied by filing a request for appeal with the Town Clerk's office within 30 days of the issuance by the Director of Public Works of his statement of written reasons pursuant to § 320-4 hereof, with a copy of the appeal being provided to the Planning Board.