Planning Board requests town counsel's advice regarding driveway width change

Jul 14, 2015

The Planning Board will seek the advice of the town’s legal counsel in regards to a recent state fire code change that requires driveways for all properties to be at least a 20-feet-wide.

Town Planner John Hansen said Monday night that Fire District 3 Chief Richard Arruda approached him regarding the change, as he must approve plans for new properties in town. He said currently the regulations fall between 16 and 18 feet.

“He legally would have to go along with the fire codes,” said board member Lori-Ann Miller. “In reality, he should be saying no to anything within 20 feet. He has to go along with state fire codes.”

Members of the board were in agreement that they should take a further look at the new change and make a decision going forward regarding whether they should attempt to change the current town requirements for subdivisions, which fall under the supervision of the board. Any general zoning changes would have to be approved at Town Meeting.

“I move that we contact town counsel and have him give us an opinion on this,” said Miller. “ I don’t want to approve a subdivision only to have the land sold and someone come before us in an uproar. I would be fuming if I bought a property and then was told the driveway’s not long enough. The ramifications are just too much.”

“I think that’s what we have to do,” added board member Joseph Toomey.

The board unanimously approved the request to seek the recommendation of town counsel.