[Massplanners] Private Roads and Waivers

[Richard Clark]

Hello All,
When an applicant proposes a Private Way (Road) our Planning Board is all too willing to grant any number of waivers for things that our Rules and Regulations would not allow for a Public Way. 
A case in point being road width. The Rules and Regulations call for minimum 26 feet, but we are likely to consider just about anything when it comes to a Private Road. The justification I hear again and again is that it's a Private Road and oh, yes, we allowed this or a similar width for this or that Private Road in the past.
What good are Rules and Regulations if they don't apply to Private Roads? Worse yet, these Private Road waivers are seen as precedents or justification for granting waivers when it comes to Public Ways.
Does anyone know of any case law or any statute that would apply?
Thank you, Richard Clark, Town of Dudley, Planning Board


   
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