SOUTHWICK – A common driveway bylaw will be put to voters at the special Town Meeting this fall.
The meeting, which has not yet been set, will include a warrant for a common driveway bylaw, as well as a general driveway bylaw.
This week, the Southwick Planning Board held a public hearing on the common driveway bylaw and one resident, Marcus Phelps, raised several concerns, including the lack of allowing a common driveway to provide access to an estate lot.
Vice Chairperson Roz Terry said that was an issue the common driveway subcommittee wrestled with throughout its discussions.
“In the end, the committee decided against it because an estate lot already needs a special permit,” Terry said.
She added that the committee did not want to bog down an estate lot with even more permits and restrictions.
Phelps also asked to replace a word under the general requirements.
“Under Section E, General requirements, Subsection 14b, the use of the word ‘changed’ appears to prohibit the paving or upgrading of any existing common driveway,” Phelps said, suggesting the word “changed” be replaced with “relocated.”
The board agreed that relocated was the word intended, rather than changed.
Phelps also suggested a disclaimer should be included in the bylaw.
Phelps said the disclaimer could include the wording “that under no circumstances shall the Town of Southwick be held liable in the event that emergency vehicles cannot get to their destination because of improper construction or maintenance of a common driveway,” said Phelps. “It shall be the owner’s responsibility to be sure that he driveway is passable for emergency vehicles at all times.”
Terry said she agreed with the addition but deferred to Department of Public Works Director Randy Brown during the discussion.
“I would put that to Randy because I think it should be for all driveways,” she said.
Brown agreed and said he would ask town counsel to review it and include it in the general driveway bylaw.
The common driveway bylaw subcommittee was formed last spring and the planning board placed a moratorium on building any new common driveways until a bylaw was created and passed.
