§ 801-12. Adequacy of access.

A. 

General. No plan shall be endorsed as not requiring approval under the Subdivision Control Law, and no subdivision plan shall be approved unless each building lot to be created by such plan has adequate access as intended under the Subdivision Control Law, Chapter 41, General Laws, §§ 81-K through 81-GG.

B. 

Standards of adequacy. Streets within a subdivision shall have adequate access if they comply with the standards established in Articles VI and VII of this regulation. Existing ways providing access to the streets within a subdivision, or providing access to lots said not to be within a subdivision, shall be considered to provide adequate access only if there is assurance that prior to construction on any lots, access will be in compliance with the following:

Standards of Adequacy for Existing Ways
Total No. of Dwelling Units	1-4**	5-10	11-49	50+	Business District
Minimum ROW width (feet)	33	33	40	50	60
Surface type****	3 inches bit. con.	3 inches bit. con.	4 inches bit. con.	4 inches bit. con.	4 inches bit. con.
Surface width* (feet)	***	18	22	24	24
Minimum sight distance (feet)	250	250	250	350	250
Maximum grade	10%	10%	8%	6%	6%

*	Over the entire width of the way, including curbing and berms, if any.
**	No further access; see definition of a "street, minor B."
***	For residential lots: 14 feet wide for two lots; 16 feet wide for three lots; and 18 feet wide for four lots.
****	With adequate road base in the opinion of the Board's engineer.

C. 

Obligations. The Board may require, as a condition of its approval of a subdivision plan, that the applicant dedicate or acquire and dedicate a strip of land for the purpose of widening accessways and/or intersections to land shown on a subdivision plan, and providing access to that subdivision, to a width as required above, and that the applicant either make physical improvements within such way or compensate the Town for the cost of such improvements in order to meet the standards specified above.

D. 

Access roads. The Planning Board may require that ways in a proposed subdivision be connected to more than one access road adjoining the subdivision, depending on the existing or proposed road network, the topography and the size of the subdivision.

E. 

Conditions. In any case in which the Board deems ways are not adequate, it may approve a subdivision plan with conditions limiting the lots upon which buildings may be erected and the number of buildings that may be erected on particular lots without further consent by the Board to the access provided and in each case such conditions shall be endorsed on the plan to which they relate.

F. 

Access over road frontage.

(1) 

Access to a lot created by an approval not required plan or by a subdivision plan shall be from the frontage that meets the legal requirements of the Zoning Ordinance, unless otherwise authorized by the Planning Board and so notated on the plan.

Editor's Note: See Ch. 240, Zoning.

(2) 

Where such frontage and access is located along a private way, the applicant shall submit evidence to the Board, satisfactory to the Board, that the applicant has right of access over the private way.