Cohasset, MA Zoning Ordinance

Cohasset City Zoning Code

ARTICLE 7

Off-Street Parking, Loading and Access Regulations

§ 300-7.1 Off-street parking requirements.

In any district, except as otherwise provided in any overlay district, now existing or hereinafter adopted, if a structure is constructed or enlarged, or an existing use is enlarged or changed, or the dimensions of a lot are changed, off-street parking and loading spaces shall be provided in accordance with the following:

Table of Off-Street Parking Standards
Use¹	Number of Parking Spaces Required
Open Space, Governmental and Exempt Uses
Cemetery, Commercial Agriculture, Farm, Private Conservation or Open Space Recreational Use	Sufficient parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Child Care Facility	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Essential Services, Exempt Educational Use, Religious Use	Min. of 1 space per 200 square feet of net floor area²
Residential Uses
Assisted Living Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Single-Family Detached Dwelling, Two - Family Conversion, Multi-Family Conversion	2 spaces per unit
Dwelling for > 1 family in 3A-C, HAR Districts	1.5 spaces per unit on same or contiguous lot in common ownership, subject to covenant to assure permanent use for off-street parking, as the Zoning Board of Appeals deems adequate
Dwelling for > 1 family in VIL District	1.5 spaces per unit unless the apartments are proposed within that portion of a building existing on January 5, 1955, or unless a reduced number is specifically authorized within the final action of the special permit granting authority upon a finding that 1.5 spaces per unit is not necessary for public safety and convenience, that the creation of on-site parking spaces is incompatible with approved design guidelines or that adequate provision for parking has otherwise been proposed
Dwelling for > 1 family in 3A-MFO District	1.5 spaces per residential unit + number of spaces required for any commercial use in a mixed-use project
Governmental Use	Min. of 1 space per 500 square feet of net floor area
Institutional Uses
Club or Lodge	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench; where no fixed seats are used, 1 space per 80 square feet of public floor area
Hospital or Nursing Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Library or Museum	Min. of 1 space per 200 square feet of net floor area
Residential Uses
Transient Lodging Facilities	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds
Veterinary Practice, Veterinary Hospital	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Business Uses
Automobile Repair, Building Trade, Craft Shop/Artist Studio, Financial or Business Office, For-Profit Education, Funeral Home; Mortuary; Indoor Entertainment, Amusement, or Sports Facility, Medical Laboratory or Clinic, Medical Marijuana Treatment Center, Office Building, Personal Service Establishment, Print Shop/Photo Studio, Professional Office, Repair Shop, Retail Store	Min. of 1 space for each 100 square feet of net floor area, except 1 space for each 200 square feet of net floor area in the 3A-C District
Mixed Use Building	Number of parking spaces shall be calculated separately for each use
Restaurant	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench, or where no fixed seats are used 1 space per 80 square feet of public floor area; plus 1 space for every 4 employees of the largest shift
Open Air Business Uses
Automobile Service, Commercial Greenhouse/Garden Center, Dealership, Kennels/Stables, Marina/Boat Yard, Open Air Wholesale or Storage Business	Min. of 1 space for each 200 square feet of net floor area for indoor space plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Outdoor Entertainment, Outdoor Sports Facility or Club	Min. of 1 space for each 300 square feet of net floor area for indoor space, plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Pet Day Care; Pet Boarding	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Light Industry Uses
Enclosed Wholesale or Storage Business, Light Manufacturing, Repair Garage/Auto Body Shop, Research and Development Laboratory	Min. of 1 space for each 200 square feet of net floor area
Alternative Energy Uses
Ground Mounted Solar Energy Installation, Wind Energy Conversion Facility	1 space per employee plus 3 spaces for service vehicles

Notes:
¹	Corresponds to uses listed in the Table of Principal Uses, § 300-4.2D.
²	"Net floor area" in all commercial or institutional buildings does not include bathrooms, closets and hallways.

§ 300-7.2 General parking and loading regulations.

Accessory parking or loading spaces that are maintained in any district in connection with an existing use on the effective date of this bylaw shall hereafter be maintained so long as the use continues, unless an equivalent number of parking or loading spaces is constructed elsewhere conforming to the requirements of these regulations.

When units of measurements that determine the number of required parking or loading spaces result in a requirement of a fractional space, a fraction over 1/2 shall require one parking or loading space.

The required number of parking spaces for all uses except dwellings in a commercial district for occupancy by more than one family shall be provided either on the same premises with the parking generator or on any premises associated therewith. The walking distance between the farthest point of the parking areas and the main pedestrian entrance to the building or use in question shall not exceed 500 feet, except that in the case of parking space for employees only, the distance may be increased to 1,000 feet. Such walking distance shall be only over land owned or controlled by the parking generator or over a public way. When the required parking spaces are not immediately adjacent to the parking generator, directional signs to the parking spaces must be posted. Such signs shall conform with Article 6.

Where required parking spaces are provided not adjacent to the lot on which the use or structure they are intended to serve is located, such spaces shall be in the same ownership as the property occupied by the use or structure to which the parking spaces are accessory. If both the structure and the parking area are leased, the period of time of the parking area lease shall be the same as the structure lease.

When loading spaces are necessary, they shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this bylaw.

Parking spaces for one use shall not be considered as providing the required parking facilities for any other use, except as otherwise provided in any overlay district, now existing or hereinafter adopted, or except as authorized by the Zoning Board of Appeals where it is clearly demonstrated that the need for parking occurs at different times.

All parking and loading spaces required under this bylaw shall be built and must be inspected by the Building Inspector. No certificates of occupancy shall be granted until said parking and loading facilities have been approved by the Building Inspector.

Parking space shall be deemed inadequate if, when the off-street parking area is substantially full, there is frequent parking on the street near the premises in question.

Notwithstanding anything to the contrary herein contained, in any district other than the 3A-Commercial District (which district is specifically excluded from application of this subsection), contingent upon adequate space being provided and dedicated by a recordable covenant to the exclusive use of parking, not more than 33% of the required parking space may remain undeveloped or set aside as a green area at the sole discretion of the Planning Board as a part of a site plan review until such time as at its sole discretion the Planning Board may require that all or part of the undeveloped parking area be surfaced and lined as parking spaces.

In addition to all other requirements contained in this Article 7, automobile dealers engaged in the sale at retail or wholesale of new and used cars shall devote not less than 20% of the required parking spaces to customer parking.

A bed-and-breakfast establishment shall have one parking space for each sleeping room for single or double occupancy. A bed-and-breakfast house shall be subject to the same parking requirements where applicable to the existing single-family dwelling.

Except for common driveways which meet the required standards as set forth in the Planning Board's rules and regulations, or satisfy all conditions imposed by the Planning Board in cases where such common driveways do not meet the required standards, no legal service driveway shall be located nearer to any side or rear lot line than either five feet or the permitted setback distance for a main or accessory building, whichever distance is lesser.

Accessory parking spaces that are maintained in existence within the Village (VIL) District as of the date of adoption of § 300-4.6 (the predecessor of which was Article 18) of this bylaw shall be maintained in connection with an existing use as of said date, and shall be subject to § 300-7.2A, unless otherwise authorized by the special permit granting authority upon a finding that the maintenance of said spaces is not necessary for public safety or that adequate provision for parking has otherwise been proposed.

Federally mandated handicap parking spaces shall be included within the required number of parking spaces for a given use, as applicable.

§ 300-7.3 Parking and loading space standards.

All parking or loading areas containing over five spaces shall be subject to the following:

(1)

Within a residential district, such parking areas shall be placed at least 25 feet from all street and lot lines.

(2)

Within a residential district, such area shall be effectively screened wherever visible at normal eye level from any point within 50 feet of the lot line on an abutting lot also in a residential district.

(3)

The area and access driveways thereto shall be surfaced with a durable and dustless material and shall be constructed so that all surface water drains rapidly to a Planning Board approved system.

(4)

Any fixture used to illuminate an area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

Any parking area shall also be subject to the following:

(1)

There shall be no vehicle parking or loading spaces within five feet of any front, side, or rear lot line.

(2)

There shall be no vehicle repair facilities or storage of materials or equipment within parking areas.

(3)

Parking shall not be located within the required front yard area in any "R" District. However, access driveways may be located within the required front yard areas.

(4)

Parking and loading spaces shall be arranged so as not to require backing of vehicles onto any street.

All parking spaces and aisles shall be designed in accordance with the Parking Standard Diagrams as follows. The following diagrams are made part of these regulations.

§ 300-7.4 Access standards.

Any nonresidential driveway shall be subject to the following:

(1)

No portion of any entrance or exit driveway to the area shall be closer than 150 feet to the center line of a street intersecting the street servicing the entrance or driveway. No more than two driveways shall serve one area.

(2)

No point of any two driveways leading from a street to a single area shall be within 50 feet of each other at their intersections with the front lot line.

(3)

No entrance or exit driveway shall exceed 24 feet in width except for a suitable radius of curvature at the entrances.

Access to residential lots is provided by one of the following methods:

(1)

A single access driveway serving a single primary structure and/or accessory garage, of sufficient width and accessibility as determined by any special permit granting authority within a special permit process.

(2)

A road developed as part of a subdivision proposal pursuant to Chapter 325 of the Town Bylaws, and subject to the design standards therein.

(3)

A common driveway servicing up to four lots as permitted pursuant to § 300-4.3B(3), and subject to the design standards therein.

(4)

A road developed prior to the Town's acceptance of the Subdivision Control Law or under any prior or existing regulations regulating common driveways, whether said road has been accepted as a Town way by the Town of Cohasset or not.

For purposes of an Approval Not Required (ANR) application, adequacy of access will be presumed:

(1)

If the road was approved and built pursuant to the state Subdivision Control Law and the Town of Cohasset Planning Board's Subdivision Control Bylaw and regulations applicable at the time of construction.

(2)

For a road built prior to the state Subdivision Control Law, if the road has a minimum pavement width of 16 feet. A lesser width may be deemed adequate on a case-by-case basis but will require a determination of adequacy and safety by the Fire Department.

(3)

This subsection does not preclude the Planning Board in an ANR application from making a finding that a road is not adequate based on other applicable statutory and case law criteria.

Cohasset City Zoning Code

ARTICLE 7

Off-Street Parking, Loading and Access Regulations

§ 300-7.1 Off-street parking requirements.

Table of Off-Street Parking Standards
Use¹	Number of Parking Spaces Required
Open Space, Governmental and Exempt Uses
Cemetery, Commercial Agriculture, Farm, Private Conservation or Open Space Recreational Use	Sufficient parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Child Care Facility	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Essential Services, Exempt Educational Use, Religious Use	Min. of 1 space per 200 square feet of net floor area²
Residential Uses
Assisted Living Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Single-Family Detached Dwelling, Two - Family Conversion, Multi-Family Conversion	2 spaces per unit
Dwelling for > 1 family in 3A-C, HAR Districts	1.5 spaces per unit on same or contiguous lot in common ownership, subject to covenant to assure permanent use for off-street parking, as the Zoning Board of Appeals deems adequate
Dwelling for > 1 family in VIL District	1.5 spaces per unit unless the apartments are proposed within that portion of a building existing on January 5, 1955, or unless a reduced number is specifically authorized within the final action of the special permit granting authority upon a finding that 1.5 spaces per unit is not necessary for public safety and convenience, that the creation of on-site parking spaces is incompatible with approved design guidelines or that adequate provision for parking has otherwise been proposed
Dwelling for > 1 family in 3A-MFO District	1.5 spaces per residential unit + number of spaces required for any commercial use in a mixed-use project
Governmental Use	Min. of 1 space per 500 square feet of net floor area
Institutional Uses
Club or Lodge	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench; where no fixed seats are used, 1 space per 80 square feet of public floor area
Hospital or Nursing Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Library or Museum	Min. of 1 space per 200 square feet of net floor area
Residential Uses
Transient Lodging Facilities	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds
Veterinary Practice, Veterinary Hospital	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Business Uses
Automobile Repair, Building Trade, Craft Shop/Artist Studio, Financial or Business Office, For-Profit Education, Funeral Home; Mortuary; Indoor Entertainment, Amusement, or Sports Facility, Medical Laboratory or Clinic, Medical Marijuana Treatment Center, Office Building, Personal Service Establishment, Print Shop/Photo Studio, Professional Office, Repair Shop, Retail Store	Min. of 1 space for each 100 square feet of net floor area, except 1 space for each 200 square feet of net floor area in the 3A-C District
Mixed Use Building	Number of parking spaces shall be calculated separately for each use
Restaurant	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench, or where no fixed seats are used 1 space per 80 square feet of public floor area; plus 1 space for every 4 employees of the largest shift
Open Air Business Uses
Automobile Service, Commercial Greenhouse/Garden Center, Dealership, Kennels/Stables, Marina/Boat Yard, Open Air Wholesale or Storage Business	Min. of 1 space for each 200 square feet of net floor area for indoor space plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Outdoor Entertainment, Outdoor Sports Facility or Club	Min. of 1 space for each 300 square feet of net floor area for indoor space, plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Pet Day Care; Pet Boarding	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Light Industry Uses
Enclosed Wholesale or Storage Business, Light Manufacturing, Repair Garage/Auto Body Shop, Research and Development Laboratory	Min. of 1 space for each 200 square feet of net floor area
Alternative Energy Uses
Ground Mounted Solar Energy Installation, Wind Energy Conversion Facility	1 space per employee plus 3 spaces for service vehicles

Notes:
¹	Corresponds to uses listed in the Table of Principal Uses, § 300-4.2D.
²	"Net floor area" in all commercial or institutional buildings does not include bathrooms, closets and hallways.

§ 300-7.2 General parking and loading regulations.

Parking space shall be deemed inadequate if, when the off-street parking area is substantially full, there is frequent parking on the street near the premises in question.

Federally mandated handicap parking spaces shall be included within the required number of parking spaces for a given use, as applicable.

§ 300-7.3 Parking and loading space standards.

All parking or loading areas containing over five spaces shall be subject to the following:

(1)

Within a residential district, such parking areas shall be placed at least 25 feet from all street and lot lines.

(2)

(3)

The area and access driveways thereto shall be surfaced with a durable and dustless material and shall be constructed so that all surface water drains rapidly to a Planning Board approved system.

(4)

Any fixture used to illuminate an area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

Any parking area shall also be subject to the following:

(1)

There shall be no vehicle parking or loading spaces within five feet of any front, side, or rear lot line.

(2)

There shall be no vehicle repair facilities or storage of materials or equipment within parking areas.

(3)

Parking shall not be located within the required front yard area in any "R" District. However, access driveways may be located within the required front yard areas.

(4)

Parking and loading spaces shall be arranged so as not to require backing of vehicles onto any street.

All parking spaces and aisles shall be designed in accordance with the Parking Standard Diagrams as follows. The following diagrams are made part of these regulations.

§ 300-7.4 Access standards.

Any nonresidential driveway shall be subject to the following:

(1)

(2)

No point of any two driveways leading from a street to a single area shall be within 50 feet of each other at their intersections with the front lot line.

(3)

No entrance or exit driveway shall exceed 24 feet in width except for a suitable radius of curvature at the entrances.

Access to residential lots is provided by one of the following methods:

(1)

(2)

A road developed as part of a subdivision proposal pursuant to Chapter 325 of the Town Bylaws, and subject to the design standards therein.

(3)

A common driveway servicing up to four lots as permitted pursuant to § 300-4.3B(3), and subject to the design standards therein.

(4)

For purposes of an Approval Not Required (ANR) application, adequacy of access will be presumed:

(1)

(2)

(3)

This subsection does not preclude the Planning Board in an ANR application from making a finding that a road is not adequate based on other applicable statutory and case law criteria.

Cohasset City Zoning Code

ARTICLE 7

Off-Street Parking, Loading and Access Regulations

§ 300-7.1 Off-street parking requirements.

Table of Off-Street Parking Standards
Use¹	Number of Parking Spaces Required
Open Space, Governmental and Exempt Uses
Cemetery, Commercial Agriculture, Farm, Private Conservation or Open Space Recreational Use	Sufficient parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Child Care Facility	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Essential Services, Exempt Educational Use, Religious Use	Min. of 1 space per 200 square feet of net floor area²
Residential Uses
Assisted Living Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Single-Family Detached Dwelling, Two - Family Conversion, Multi-Family Conversion	2 spaces per unit
Dwelling for > 1 family in 3A-C, HAR Districts	1.5 spaces per unit on same or contiguous lot in common ownership, subject to covenant to assure permanent use for off-street parking, as the Zoning Board of Appeals deems adequate
Dwelling for > 1 family in VIL District	1.5 spaces per unit unless the apartments are proposed within that portion of a building existing on January 5, 1955, or unless a reduced number is specifically authorized within the final action of the special permit granting authority upon a finding that 1.5 spaces per unit is not necessary for public safety and convenience, that the creation of on-site parking spaces is incompatible with approved design guidelines or that adequate provision for parking has otherwise been proposed
Dwelling for > 1 family in 3A-MFO District	1.5 spaces per residential unit + number of spaces required for any commercial use in a mixed-use project
Governmental Use	Min. of 1 space per 500 square feet of net floor area
Institutional Uses
Club or Lodge	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench; where no fixed seats are used, 1 space per 80 square feet of public floor area
Hospital or Nursing Facility	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds + 1 space for each 4 employees on the largest shift
Library or Museum	Min. of 1 space per 200 square feet of net floor area
Residential Uses
Transient Lodging Facilities	1 space for each sleeping room for single or double occupancy, or where not divided into such rooms (as in a dormitory) 1 space for each 2 beds
Veterinary Practice, Veterinary Hospital	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Business Uses
Automobile Repair, Building Trade, Craft Shop/Artist Studio, Financial or Business Office, For-Profit Education, Funeral Home; Mortuary; Indoor Entertainment, Amusement, or Sports Facility, Medical Laboratory or Clinic, Medical Marijuana Treatment Center, Office Building, Personal Service Establishment, Print Shop/Photo Studio, Professional Office, Repair Shop, Retail Store	Min. of 1 space for each 100 square feet of net floor area, except 1 space for each 200 square feet of net floor area in the 3A-C District
Mixed Use Building	Number of parking spaces shall be calculated separately for each use
Restaurant	1 space for each 3 seats, or where benches are used, 1 space for each 6 linear feet of bench, or where no fixed seats are used 1 space per 80 square feet of public floor area; plus 1 space for every 4 employees of the largest shift
Open Air Business Uses
Automobile Service, Commercial Greenhouse/Garden Center, Dealership, Kennels/Stables, Marina/Boat Yard, Open Air Wholesale or Storage Business	Min. of 1 space for each 200 square feet of net floor area for indoor space plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Outdoor Entertainment, Outdoor Sports Facility or Club	Min. of 1 space for each 300 square feet of net floor area for indoor space, plus sufficient additional parking spaces to accommodate under all normal conditions the cars of occupants, employees, members, customers, clients or visitors of the premises, as the case may be
Pet Day Care; Pet Boarding	Min. of 1 space per employee plus 1 space per 200 square feet of net floor area
Light Industry Uses
Enclosed Wholesale or Storage Business, Light Manufacturing, Repair Garage/Auto Body Shop, Research and Development Laboratory	Min. of 1 space for each 200 square feet of net floor area
Alternative Energy Uses
Ground Mounted Solar Energy Installation, Wind Energy Conversion Facility	1 space per employee plus 3 spaces for service vehicles

Notes:
¹	Corresponds to uses listed in the Table of Principal Uses, § 300-4.2D.
²	"Net floor area" in all commercial or institutional buildings does not include bathrooms, closets and hallways.

§ 300-7.2 General parking and loading regulations.

Parking space shall be deemed inadequate if, when the off-street parking area is substantially full, there is frequent parking on the street near the premises in question.

Federally mandated handicap parking spaces shall be included within the required number of parking spaces for a given use, as applicable.

§ 300-7.3 Parking and loading space standards.

All parking or loading areas containing over five spaces shall be subject to the following:

(1)

Within a residential district, such parking areas shall be placed at least 25 feet from all street and lot lines.

(2)

(3)

The area and access driveways thereto shall be surfaced with a durable and dustless material and shall be constructed so that all surface water drains rapidly to a Planning Board approved system.

(4)

Any fixture used to illuminate an area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

Any parking area shall also be subject to the following:

(1)

There shall be no vehicle parking or loading spaces within five feet of any front, side, or rear lot line.

(2)

There shall be no vehicle repair facilities or storage of materials or equipment within parking areas.

(3)

Parking shall not be located within the required front yard area in any "R" District. However, access driveways may be located within the required front yard areas.

(4)

Parking and loading spaces shall be arranged so as not to require backing of vehicles onto any street.

All parking spaces and aisles shall be designed in accordance with the Parking Standard Diagrams as follows. The following diagrams are made part of these regulations.

§ 300-7.4 Access standards.

Any nonresidential driveway shall be subject to the following:

(1)

(2)

No point of any two driveways leading from a street to a single area shall be within 50 feet of each other at their intersections with the front lot line.

(3)

No entrance or exit driveway shall exceed 24 feet in width except for a suitable radius of curvature at the entrances.

Access to residential lots is provided by one of the following methods:

(1)

(2)

A road developed as part of a subdivision proposal pursuant to Chapter 325 of the Town Bylaws, and subject to the design standards therein.

(3)

A common driveway servicing up to four lots as permitted pursuant to § 300-4.3B(3), and subject to the design standards therein.

(4)

For purposes of an Approval Not Required (ANR) application, adequacy of access will be presumed:

(1)

(2)

(3)

This subsection does not preclude the Planning Board in an ANR application from making a finding that a road is not adequate based on other applicable statutory and case law criteria.