Great Barrington, MA - Chapter 153

Miscellaneous Provisions

§ 153-1. Restricted obstruction of sidewalks; safety precautions.

§ 153-2. Provision of temporary walks.

§ 153-3. Awnings, canopies or articles overhanging or projecting into streets.

§ 153-4. Gates and doors swinging upon open ways.

§ 153-5. Streets and roads to conform to standards.

§ 153-6. Street acceptance procedure.

§ 153-7. Acquisition of title.

§ 153-8. Recording of certificate of entry and possession; notice to owners.

§ 153-9. Depositing leaves, snow or debris on town streets.

Access to Public Ways

§ 153-10. Definitions

§ 153-11. Purpose

§ 153-12. Pedestrian and other nonvehicular access.

§ 153-13. Permits.

§ 153-14. Design requirements.

§ 153-15. Inspection of work.

§ 153-16. Exceptions.

§ 153-17. Continuing responsibility of owners.

§ 153-18. Waiver of compliance

Common Driveways

§ 153-19. General requirements and restrictions.

[HISTORY: Art. I adopted as Ch. VII of the 1974 bylaws; Art. II, adopted 5-11-1987 Annual Town Meeting, Art. 16; Art. III, adopted 5-6-1991 Annual Town Meeting, Art. 18. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages – See Ch. 50.

Dogs – See Ch. 81

Junk automobiles – See Ch. 55

Garbage, rubbish and refuse – See Ch. 102

Non criminal disposition – See Ch. 1

Sewers – See Ch. 144.

Traffic – See Chs. 161 and 204

Miscellaneous Provisions

[Adopted as Ch. VII of the 1974 bylaws]

§ 153-1. Restricted obstruction of sidewalks; safety precautions.

No person except the Selectmen and other officers of the town, in the lawful performance of their duties, or those acting under their orders, shall obstruct any sidewalk or street or any part thereof or break or dig the ground of the same without first obtaining a written license from the Selectmen. The person so licensed shall put and at all times keep a suitable railing around the parts of any pit, and at all times keep a suitable railing around the parts of any sidewalk or street under his jurisdiction so obstructed or dug up, so long as the same shall be unsafe or inconvenient for travelers. He shall also keep said railings or fence illuminated from sunset to sunrise as the Selectmen may direct.

§ 153-2. Provisions of temporary walks.

Whenever any sidewalks under the jurisdiction of the Selectmen becomes obstructed or made impassable by any reason, the person causing the same shall place a good and convenient walk around such obstruction.

§ 153-3. Awnings, canopies or articles overhanging or projecting into streets.

No person shall erect any canopy, awning, shade or shade frame, or place or maintain goods, wares or other articles, so as to project into or overhang on any street except in accordance with a permit from the Board of Selectmen. In case a permit has not been secured, the Selectmen may require the Police department to have the owners secure a proper permit or arrange to have removed the article involved. Awnings shall be at least seven (7) feet above the sidewalk.

§ 153-4. Gates and doors swinging open upon ways.

No owner, tenant or other person having control of any building or premises shall permit a gate or door thereon to swing open across any part of a sidewalk or street under the jurisdiction of the town.

§ 153-5. Streets and roads to conform to standards.

A street or road presented for acceptance by the Town of Great Barrington shall conform to the design standards for streets and roads as defined in Rules and Regulations Governing the Subdivision of Land in great Barrington as adopted by the Planning Board.

§ 153-6. Street acceptance procedure.

The procedure for petitioning the town to accept a street or road shall be as follows:

A. Definitions of terms used herein shall be as follows:

ACCEPTANCE – With reference to a Town Meeting, a vote to accept the ownership or control of something being offered, e.g., a gift of land, etc. Also, the second step in the statutory process of establishing, by vote of the Town Meeting, a way over which the town then has control, the first step being the layout.

LAYING OUT – A statutory term of precise meaning: the actions of the Selectmen in determining where the boundaries should be for a road or street to be presented to the Town meeting for acceptance.

ROAD – A general term for a passageway for vehicles and pedestrians. “Road” perhaps connotes a more rural setting and less improvement than “street”

STREET – A general term for a passageway for vehicles and pedestrians, perhaps connoting a higher degree of improvement and more urban surroundings than “road”.

B. The first step is for the petitioners to present to the Board of Selectmen to lay out the way, said petition to be accompanied by two (2) copies of a road or street plan showing its location in respect to connecting ways and abutting property owners.

C. One (1) copy of the petition and the road or street plan is to be forwarded by the Board of Selectmen immediately to the Planning Board. The Planning Board has forty-five (45) days to make its examinations and recommendations to the Board of Selectmen.

D. The Planning Board shall make appropriate examinations to determine that the proposed way satisfies design specifications as stated in § 153-5 of this Article; that the petitioners have properly shown and described the land to be taken, the names of owners and an agreement referring to such plan, signed by all abutters, releasing said land with no claims for damages; and that the locations of public utilities above and below ground, drainage lines, sewers and waterlines are correctly indicated on the plan.

E. Upon receipt of the Planning Board report, the Selectmen shall make the final decision whether to lay out the way; and if favorable, a formal determination to lay out the way showing courses and distances shall be made by a vote which appears on the records.

F. All owners whose land is to be taken for the way and any other parties as determined by the Board of Selectmen shall be notified in writing at least seven (7) days in advance of the scheduled formal vote by the Selectmen to lay out the ways (as in Subsection E).

G. The order for laying out shall then be filed with the Town clerk at least seven days before the Town Meeting at which the town is to act upon the acceptance of the layout.

H. There shall be a proper article in the Town Meeting warrant for the acceptance of the layout and raising and appropriating of any necessary funds.

I. There shall be a vote at the Town Meeting accepting the layout and, if necessary, the appropriation of funds.

§ 153-7. Acquisition of title.

Acquisition of title shall be in fee and the fee shall be taken by eminent domain in every case. The order of taking shall be adopted by the Board of Selectmen within thirty (30) days after the close of the Annual Town Meeting. The order of taking shall be recorded in the Southern Berkshire Registry of Deeds within thirty (30) days after its adoption by the Board of Selectmen.

§ 153-8. Recording of certificate of entry and possession; notice to owners.

A certificate of entry and possession shall be recorded in the Southern Berkshire Registry of Deeds within two (2) years after the date of the order of taking, and notice shall be then given to every person whose property has been taken.

§ 153-9. Depositing leaves, snow or debris on town streets. [Added 5-11-1987 ATM. Art. 18]

No person shall pile or otherwise deposit leaves, snow, grass, brush or other debris from private property in or on any town street, road or highway for any purpose.

Access to Public Ways

[Adopted 5-1-1987 ATM, Art. 16]

§ 153-10. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

ABUTTING PROPERTY OWNER – A person or entity owning property bordering on a way.

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).

§ 153-11. Purpose.

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.

§ 153-12. Pedestrian and other nonvehicular access.

This article shall also govern the creation of privately owned nonvehicular access to and egress from a public way, including but not limited to walks, footpaths, bridle paths, cow paths, steps and stairs. For the purpose of this Article, any nonvehicular access shall be considered a driveway.

§ 153-13. Permits.

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.

(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 as its shoulders, banks, ditches, drainage and other features. The application shall also describe the effect on traffic. A fee of ten dollars ($10.) shall be paid to the Town of Great Barrington when the application is submitted to the Board of Selectmen.

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 ten (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 ten (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.

§ 153-14. Design Requirements.

A. The Highway Superintendent shall consider the requirements of the State Department of Public Works Manual on Uniform Traffic Control Devices, but shall modify these to accord with:

(1) Local Conditions.

(2) Compatibility with local road design.

(3) Size of the proposed project.

B. Driveways shall be located to the best advantage with regard to alignment with the way, profile, sight distance conditions and the like. Unless conditions require it, a driveway should not be located at the extreme edge of a property.

C. No more than two (2) driveways shall normally be allowed for any property unless there is a clear necessity for more. Leasing of a portion of the property does not affect this requirement. If a number of establishments will be constructed on one (1) parcel, a service road may be required, to connect with allowable exit and entrance.

D. Driveways shall not normally be approved at intersections, particularly signalized intersections, because of the potential safety hazard which arises when a driver enters a road from a corner driveway and is not faced with a direct signal indication. Access directly into a rotary is also discouraged.

E. Culverts taking the place of roadside ditches shall have a diameter of not less than fifteen (15) inches. A larger diameter may be required.

F. The elevation of driveways at the point of entry into the public right-of-way should be no more than the elevation of the shoulder of the road.

G. Driveways should be so constructed that water from the driveway shall not drain onto the crown of the road.

H. In no instance shall the edge of the driveway entering onto the road conflict with the flow of surface water runoff.

I. Individual driveways should not be less than eight (8) feet nor more than sixteen (16) feet in width within the town right-of-way. Any curb at the entrance shall be rounded off with a radius of three (3) feet.

J. Wherever possible, driveways should be pitched downward from the roadway. However, where topography prevents the driveway from being pitched downward in its entirety, the driveway must be constructed on a downgrade from the road surface to the side line of the town right-of-way with a pitch of at least one-fourth (¼) inch per foot. From the side line the driveway may be pitched toward the roadway; however, in no instance shall a driveway have a pitch toward the roadway of greater than one (1) inch per foot unless adequate provisions have been made and approved by the Highway Superintendent for the diversion of driveway surface runoff away from the roadway. The Highway Superintendent may require methods of diversion for driveways having a pitch of less than one (1) inch per foot if the proposed driveway construction will result in an excess accumulation of surface water in the way.

K. Driveways should be located to the best advantage with respect to alignment with the way, profile, sight distance conditions and the like. In no instance shall a driveway intersect the way at less than a sixty-degree angle. Unless there is no other alternative, a driveway should not be locates within a required side yard.

L. No permit shall be issued for any driveway to a structure or proposed structure on a grade in excess of ten percent (10%) above the road or street level until and unless the applicant submits plans to the Highway Superintendent or person acting in that capacity showing that the driveway will be constructed in such a way so as not to discharge water, stones or other materials onto any public street, road or highway. Before issuance of certificate of occupancy for any structure served by such a driveway, the Inspector of Buildings shall receive written certification from the Highway Superintendent or person acting in that capacity that the driveway has been constructed in accordance with said plans and to his satisfaction. [Added 5-7-1990 ATM, Art. 18]

§ 153-15. Inspection of work.

All work shall be inspected during and after construction. The Highway Superintendent may halt any work not done in accordance with the permit.

§ 153-16. Exceptions.

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.

§ 153-17. Continuing responsibility of owners.

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.

§ 153-18. Waiver of compliance.

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.

Common Driveways

[Adopted 5-6-1991 ATM, Art. 18]

§ 153-19. General Requirements and restrictions.

A. Permits. Any abutting property owner(s) desiring to gain access to a way be means of a common driveway that serves no more than three (3) dwelling units may do only in accordance with the provisions of a permit issued by the Board of Selectmen.

B. Number of units accessed. A common driveway shall provide access to no more than three (3) dwelling units.

C. Frontage. Frontage on a common driveway may not be used to satisfy zoning frontage requirements. Each lot passed by the common driveway shall have access on a way acceptable to the Planning Board.

D. Design Requirements. Design requirements for common driveways shall be the same as those for driveways under § 153-14A through K of the Subdivision Rules and Regulations of the Great Barrington Planning Board. The design shall, in the opinion of the Board of Selectmen and the Highway Superintendent, assure adequate safety and access for emergency vehicles.

E. Origin of driveway. A common driveway must originate on approved frontage and must observe a twenty-five-foot setback from the side line between the lot of origin and a lot not served by the common driveway.

F. Minimum width. The traveled way shall have a minimum width of fourteen (14) feet.

G. Easements. The application for a common driveway must be accompanied by a declaration of covenants, easements and restrictions for the use and maintenance of said common drives.

H. The sale of lots and/or the erection of buildings is prohibited until such time as the common driveway has been constructed in accordance with the permit approval plan and until the Board of Selectmen has written verification that all covenants, easements and restrictions have been recorded in the Southern Berkshire Registry of Deeds.