ARTICLE X, Common Drive Development

§ 145-42.  Definitions; intent.

A.                 Definitions.  Refer to §145-2 of this chapter.

B.                 Intent.  This article is meant to allow for an optional minor residential development special permit alternative to conventional subdivision development under exceptional circumstances, and only when a common drive will result in less environmental damage than would a conventional subdivision or separate curb-cuts for each lot.

C.                 Chapter 270 Subdivision Of Land shall mean the rules and regulations adopted by the Planning Board under M.G.L. c.41, §81Q as of May 20, 2001.

§ 145-43.  Special permit granting authority; waivers.

A.                 The Belchertown Planning Board shall be the special permit granting authority for all purposes under this article and shall adopt rules and regulations with respect to the administration of applications or special permits under this article, subject to the conditions set forth below and in accordance with the provisions of §145-69 of this chapter and MGL c.40A, §§9 and 11, as amended.

B.                 Waiver of compliance.  The Belchertown Planning Board, acting as the special permit granting authority under this article, in appropriate cases, may waive strict compliance with such requirements of this article as provided in MGL c.40A, §9, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this chapter.  The applicant shall submit waiver requests in writing.  Waivers granted by the Planning Board under this subsection may be limited by conditions which shall be endorsed on the plan to which said conditions relate or set forth in a separate instrument attached to the plan.  [Amended 5-13-1996 ATM by Art. 23]

 

§ 145-44.  Standards.

The common drive of a common drive development may be constructed to standards less exacting than those applicable to the ways of a conventional subdivision in Belchertown, provided that the Planning Board finds that the terrain, soil conditions and underlying geology are suitable for development with reduced engineering standards.  The following regulations shall apply to a common drive development:

A.                 The common drive:

(1)   Shall not be extended and shall not be an extension of an existing common drive;

(2)   Shall not be connected to any other way except the way from which it originates;

(3)   Shall serve no more than six lots.  A common drive longer than 600 feet shall serve no more than three lots.  For purposes of this paragraph, the length of the common drive shall be measured from its intersection with the public way from which it originates to the most distant point serving more than one lot.  However, if the common drive originates on a dead-end street, its length shall be measured from the intersection of the dead-end street and a through-street, to the most distant point serving more than one lot; and

(4)   Shall enter from the same public way which serves as frontage for the lots in the common drive development, unless unique circumstances are such that the Planning Board may permit access from a public way not fronting every lot in the common drive development.

B.                 A lot may be served by the common drive only if the ownership of that lot provides mandatory membership in an owners’ association responsible for annual and long-term maintenance, including, but not limited to, removal of ice and snow from the common drive.  See §145-45B(14)

C.                 A common drive development shall only be allowed for single-dwelling or duplex residential use.

D.                 Each lot shall have legal frontage on a public way meeting the requirements of the zoning bylaw in effect with regard to the district in which the lot is located at the time of the application.  All other dimensional requirements, as defined in §145-16 of the zoning bylaw, for lots served by a common driveway, including but not limited to lot area, coverage, width, and setback of front, side and rear yards, as measured in relation to the street serving as the legal frontage for the lots, shall be the same as would be required for those lots had they not shared a common driveway.  In addition, each lot shall front on the common drive right-of-way for a minimum distance of twenty feet or for such distance as the Planning Board deems necessary to provide adequate access to the interior of the lot from said right-of-way.

E.                  In accordance with §145-69A(1) and §145-42B, the Planning Board may issue a special permit for a common drive development as an exception to a conventional subdivision only if the applicant demonstrates to the Planning Board that the construction of the common drive will:

(1)   Cause less environmental damage to the lots, specifically to wetlands, than either separate driveways or a subdivision, while allowing vehicular access to each lot; and

(2)   Preserve or enhance the prevalent character of the area by reducing curb cuts that would be otherwise allowed and by maintaining extant vegetation and topography.

 

§ 145-45.  Administration.

A.                 Special permit granting authority.  After notice and public hearing in accordance with Section 9 of the Zoning Act (MGL c. 40A, § 9), the Planning Board may, after due consideration of the reports and recommendations of the Conservation Commission, Director of Public Works, and Town Engineer, grant such a special permit, provided that the conditions in §145-44 and submission requirements of §145-45B have been met.

B.                 Requirements.  The application for a special permit pursuant to this article shall be accompanied by a site plan showing all of the applicable information required for a definitive subdivision plan as specified in §270-22 of Chapter 270, Subdivision of Land.  At the discretion of the Planning Board, an environmental analysis as specified in §270-27 may be required.  The common drive development may be required to comply with any or all of the standards for storm water runoff control specified in §270-29.  In addition, the common drive development shall conform to the following design standards:

(1)   Location and alignment.  All ways within a common drive development shall conform to §270-36A(1) and (2) of Chapter 270, Subdivision of Land.  Conformance with §270-35A(6) is required, except that the design speed for the common drive may be less than 30 miles per hour.

(2)   Width.

Item                                       Requirement

                                                (feet)

Common drive right-of-way                      501

Width of common drive plus shoulders             24

Width of gravel base                            242

Width of finished surface                               183

NOTES:

1. The center line of the common drive shall coincide with the center line of the common drive right-of-way, unless otherwise approved by the Planning Board.

2. The minimum width of the common drive (gravel base) shall be 24 feet, except that where the common drive serves no more than two lots the width may be reduced to 16 feet.

3. A gravel surface may be allowed if the common drive serves no more than two lots and/or complies with Subsection B(8)(b).

 

(3)   Grades.  Same as §270-36C of Chapter 270, Subdivision of Land.

(4)   Horizontal alignment.  Same as §270-36D of Chapter 270, Subdivision of Land.

(5)   Intersections.  Same as §270-36E of Chapter 270, Subdivision of Land.

(6)   Easements.  Easements for utilities and drainage that cannot be contained in the common drive right-of-way shall be provided where necessary and shall be at least 20 feet in width, except that wider easements may be required by the board where deemed necessary.

(7)   Site and earthwork.  Earthwork must comply with §270-41A through G of Chapter 270, Subdivision of Land.  Compaction shall be carried out to the satisfaction of the Director of Public Works.

(8)   Pavement structure:

(a)                The common 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 results 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 Planning 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 Planning Board that a heavier-wear surface is needed.  Grades over 8% and others as required by the Planning Board shall be paved in accordance with § 270-42 of Chapter 270, Subdivision of Land.

(b)               Gravel finish shall be at least four 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 11/2 inches in size.  Where the sub-base 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 the gravel base.  In no event will the total gravel thickness be less than 12 inches.  If it is the opinion of the Planning Board that a gravel surface or sealed surface is inadequate due to soil and potential erosion conditions, then a heavier-wear surface will be required.

(c)                A common drive that is to be sealed shall be scraped and shaped and the gravel base upgraded as required by the Planning Board and Director of Public Works.  The sealed surface shall consist of a layer of three-eighths-inch stone, two penetration coats of oil at 1/2 gallon per square yard and one sealer coat at 1/3 gallon per square yard.

(9)   Monuments and markers.  Same as § 270-47 of Chapter 270, Subdivision of Land.

(10)           Drainage.  The drainage design shall consist of a closed drainage system in accordance with §270-42 of Chapter 270, Subdivision of Land, or an open drainage system consisting of grassed swales and waterways or overland sheet flow, if appropriate.  Outlets from the drainage swales should be properly engineered and avoid impacts to wetland resource areas.  Storm water shall not be permitted to cross over the common drive.

(a)                Construction.  Trees, brush, stumps, and other material in objectionable amounts are to be disposed of so as not to interfere with construction or proper functioning.  The channel section is to be free of bank projections or other irregularities, which prevent normal flow.  The waterway or outlet shall be excavated or shaped to line, grade and cross section as required to meet the criteria specified herein, free of bank projections or the irregularities that will impede normal flow.  Earth removed and not needed in construction is to be spread or disposed of so as not to interfere with the functioning of the waterway.  Fills are to be compacted as needed to prevent unequal settlement that will cause damage in the completed waterway.

(b)               Vegetation.  Waterways and outlets shall be protected against erosion by vegetation as soon after construction as is practicable and before diversions or other channels are directed into them.  Consideration should be given to jute matting, excelsior matting, or sodding of the channel to provide erosion protection as soon after construction as possible.

(11)           Maintenance.  The common drive is established as private property.  Maintenance after formal completion is the responsibility of the mandatory owners’ association that must be created under §145-44B.  The town shall not under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common drive.

(12)           Name.  Common drives shall not be given a name. 

(13)           Signs.  A permanent marker not to exceed six square feet, per §145-22 of this chapter, shall be placed at the intersection of the common drive and the public way.  The sign or marker shall include the designation "private way" as well as house numbers off the public way.  A similar marker shall be placed where the common drive meets each individual lot.  Should the common drive split, a permanent marker must also be placed at each intersection indicating which houses are located on either side of the split.

(14)           Restrictions.  The site plan shall identify as such all land that is to be held and administered by the mandatory owners’ association.  It shall bear restrictions satisfactory to the Planning Board, to run with the land, restricting the way shown to remain private property and not to be extended, and any other restrictions and easements that are required for common drive development by these rules.  It shall incorporate by reference the document(s), satisfactory to the Planning Board, creating the mandatory owners’ association and setting forth restrictive covenants and easements binding present and future owners of all the lots served by the common drive.  Such document(s) must include but are not limited to the following:  

(a)                Specific standards for the maintenance of all structures designed to the requirements of a common drive special permit, including but not limited to the travel way, drainage system and signage.

(b)               Provisions for allocating responsibility for snow removal and for maintenance, repair, or reconstruction of the common driveway, drainage system, and signage.

(c)                Text of proposed easements including the metes and bounds description.

(d)               A procedure for the resolution of disagreements.

Said document(s) shall be recorded along with the site plan and public utility and drainage easements in the Hampshire Registry of Deeds and shall also be recited in and attached to every deed to every lot served by the common drive.

(15)           Fees.  The filing fee is to be the same as ˝ the fee for a preliminary subdivision under §270, Subdivision of Land.  All engineering and legal review costs by the town’s consulting engineer or legal counsel shall be paid by the applicant.

 

 

§ 145-46. Inspections.

A.                 The common drive shall be inspected prior to each construction step by the Director of Public Works, the town’s consulting engineer, or by other duly appointed representatives of the Planning Board.

B.                 In lieu of Subsection A, the developer's engineer shall certify, in writing, after each construction step that construction of the road is in substantial accordance with the approved plan and typical cross section.

 

§145-47.  Acceptance as a public way.   In granting a special permit for a common drive, the Planning Board shall impose a condition prohibiting the lot owners from petitioning for acceptance of the common drive as a public way, unless the mandatory owners’ association presents a petition to the town demonstrating that the common drive conforms to Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown, for the construction and laying of ways, including requirements pertaining to cul-de-sac or dead-end streets, and demonstrating that the lots served by the common drive, with structures as built, conform with dimensional regulations (§145-16) applicable to the zoning district with respect to lot area, frontage, coverage, setbacks and lot width.  A lot divided by the common drive right-of-way shall be considered as two separate lots for purposes of this demonstration, with new lot lines as created by the proposed new public way.

 

§ 145-48.  Lapse of special permit.

A special permit granted under this article shall lapse after 24 months if substantial construction has not begun by such date, except for good cause shown and approved by the Planning Board.

 

§ 145-49.  Submission of as-built plans.

A revised, recordable Mylar of the original submittal showing the actual existing as-built conditions and six paper copies shall be submitted to the Planning Board upon completion of the common drive.  A copy shall be submitted in a digital (electronic) format consistent with the town’s geographic information system, or GIS, and in accordance with detailed requirements of §270-32C(5) of Chapter 270, Subdivision of Land.

 

§145-50.  Enforcement; appeals; violations and penalties.

A.                 The Building Inspector shall not issue a building permit for a lot in a common drive development until the necessary special permit is granted and recorded and the appeal period has expired.  [Added 5-13-1996 ATM by Art. 23]

B.                 The Building Inspector shall not issue a certificate of occupancy permit until all work has been completed as approved and the as-built plan has been submitted in corrected form in accordance with  §145-49.

C.                 Decisions of the Planning Board regarding special permit approval may be appealed as set forth in the Zoning Act, MGL c. 40A, as amended.

D.                 Violations of the approved special permit for a common drive or any conditions of approval shall be subject to the provisions of §145-67 of this chapter, as amended.

E.                  The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this article.