[Massplanners] A Friday Subdivision Question

[Christopher Ryan]

Happy Friday Planners

I've been lucky enough to have avoided subdivision controversies over my over 20 years in Massachusetts, but I wanted to throw it out there and see if anyone has a good feel for this situation.

We have a developer here in Duxbury who wanted to restrict residents from accessing a subdivision for nearly a week for topcoat paving. Of course, everyone freaked out and our consulting engineer agreed with me that this was completely unacceptable and was contrary to the definitive subdivision decision that emphasized a continuum of access.

The developer sent a revised notice reducing the restriction to 72 hours (3 days) and stated that anything less would risk potential damage from drivers who might make sudden turns and damage the curing asphalt. Residents obviously were still upset that they (and their infants and elderly parents) would be forced to walk from some distant church parking lot to access their homes for 3 days.

After further consultation with our engineer, we agreed that one overnight curing after a days paving would be reasonable and that we would not extend any waiver to the developer for damaged pavement since one overnight in this cooler weather should be sufficient for the asphalt to set adequately. The developer agreed and sent another revised notice. Alas, the residents are still not happy.

What is your opinion regarding an appropriate restriction from driving on newly laid topcoat? Our engineer states that paving one lane at a time is not satisfactory because of problems matching up with cold seams.

Does your rules and regs address this sufficiently? Do your decision letters touch on this?

Any thoughts would be helpful.

Thanks

Chris

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Christopher J. Ryan, AICP
Director of Planning
Town of Duxbury
878 Tremont Street
Duxbury, MA 02332
Email: cryan at duxbury-ma.gov<mailto:cryan at duxbury-ma.gov>
Phone: (781) 934-1100 ext. 5475
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