The purpose of this Section is to permit small-scale residential
subdivisions (hereinafter called "residential compounds") in a manner
that minimizes Town maintenance, responsibility and cost, while simultaneously
preserving the rural character of areas of the Town.
An applicant for a residential compound shall comply with all applicable provisions of Section 5. The Board may waive compliance with some or all of the design and improvement requirements of Section 6 and 7, except Section
6.20, Fire Protection, where such action is in the public interest and not inconsistent with the intent and purposes of Subdivision Control and where the following conditions are met:
1. A residential compound shall contain not more than four lots, which
may only be used for single-family dwellings, and associated and accessory
uses and structures as permitted under the Millbury Zoning Bylaws.
2. All dimensional requirements applicable to the zoning district in
which the land is located shall be complied with.
3. Each building lot shall have the required frontage on a public street,
or on a private way within the residential compound which provides
all present and future owners of lots within the residential compound
adequate and legally enforceable rights of access to a public street.
4. Any land within the residential compound not designated as a building
lot or private way shall be dedicated as permanent open space. Such
land may only be used for conservation, outdoor recreational facilities
of a noncommercial nature, agriculture, preservation of scenic or
historic sites or structures, and structures accessory to any of the
above uses.
a. The applicant shall grant assurances through deed restrictions or
otherwise that the Town will not be requested to accept or maintain
the private ways, drainage systems, open space, or any other improvements
within the residential compound for which required improvements, design
standards or construction specifications contained in Sections 6 and
7 of the Rules and Regulations have been waived. The approved definitive
plan of a residential compound shall contain conditions that there
shall be no further division of the tract or lots contained therein;
b. Development of the land is permitted only in accordance with the
land uses indicated thereon;
c. Draft document(s) providing for restrictive covenants and easements
binding present and future owners of all the lots served by the private
way shall be submitted for Board approval. The document(s) shall provide
for the maintenance of the required improvements. Such maintenance
shall be permanently guaranteed by a homeowners' association which
shall provide for mandatory assessments for maintenance expenses to
each dwelling unit. Documents creating such association shall be submitted
to the Planning Board for approval. Should the document(s) be approved,
the document(s) shall be recorded at the Worcester Registry of Deeds
simultaneously with the recording of the definitive plan and shall
also be recited in and attached to every deed to every lot served
by the private way. Evidence of recording shall be given to the Building
Inspector prior to the issuance of a building permit for any lot served
by the private way;
d. The covenants regarding ownership, maintenance and utilization of
common property, including, but not limited to, streets, drainage
systems and open space, shall be complied with.
5. As a general rule, the design and construction standards set forth
below shall be applied to private ways within residential compounds.
a. The travel way shall be a minimum of 18 feet wide with two-foot gravel
shoulders on each side with the same twelve-inch base as the private
way and free of obstructions such as trees and utility poles. The
shoulder shall be prepared with four inches of topsoil over the gravel
base and seeded.
b. The travel way shall be constructed of bituminous concrete. A minimum
gravel base of 12 inches (gravel shall have no aggregate larger than
three inches) shall be required. The travel way shall have two courses
of Type I bituminous concrete paving, applied with a two-and-one-half-inch
base course, after compaction, and a one-and-one-half-inch finish
course, after compaction, in accordance with the Mass Highway Department
(MHD) Standard Specifications for Highways and Bridges, Section 460.
c. The maximum grade shall be 8%; the minimum grade shall be 0.5%. No
way shall contain an 8% grade for more than 200 feet. On any way where
the grade exceeds 6% on the approach to an intersection or cul-de-sac,
a leveling area with a slope of not more than 4% shall be provided
for a distance of not less than 100 feet measured from the nearest
exterior line of the intersecting street or cul-de-sac.
d. Slopes resulting from grading of the way shall not exceed one foot
vertical to three feet horizontal. Slope easements or retaining walls
shall be employed where slopes cannot be contained within way sidelines.
e. The intersection angle between the private way center line and the
public way center line shall not be less than 80°.
f. The minimum center line radius shall be 80 feet.
g. Property lines at the intersection of the private way and the public
way shall be rounded or cut back to provide for a radius of not less
than 30 feet.
h. The maximum length of a private way within an optional residential
compound shall be 500 feet.
i. There shall be a T-shaped turnaround located at the end of the private way adequate for fire and other emergency vehicles. The T-shaped turnaround shall be in conformance with the design standards set forth in Section
6.7, Subsection 5.
j. The travel way, including utilities, permanent marker(s), shoulders,
parking area(s), turnaround(s), and any snow storage area(s), shall
be laid out entirely within an access and utility easement with a
minimum width of 30 feet. All proposed utilities shall be shown on
the plan.
k. Adequate drainage shall be provided. The drainage design and appurtenances
shall prevent washout and excessive erosion and it shall prevent drainage
runoff from entering the public way, prevent runoff from the public
way from entering the private way, and prevent runoff from flowing
across driveways or abutting properties. The wearing surface of the
travel way shall be graded to drain from the crown. Drainage calculations
may be required at the discretion of the Board.
l. There shall be a sign posted at the private way intersection with
a public way displaying the name of the private way and indicating
"Private Way." The Board must approve the private way name.
m. Street addresses for all dwelling units on the private way shall
be posted in a manner sufficient for public safety purposes both at
the intersection of the private way and the public way and at the
intersection of the private way and each individual driveway.