Section 6. Scenic Roads

The purpose of this bylaw is to set forth the process and criteria by which any public way may be recommended to a town meeting for designation as a scenic road as provided for under MGL Chap 40 Section 15C. This bylaw further ensures that:

i. Ways will be recommended for designation as scenic roads on stated criteria.

ii. Ways so designated will not be altered without following proper procedures and without adherence to proper considerations.

iii. Ways so designated will not be altered by the decision of any person, organization, or agency other than the planning board.

Provided further, however, that all current property owners on any public way being considered for destgnation as a scenic road shall be notified by registered lefter of any public hearing held in conformance with MGL Chapter 40 Section 15C.

a. Definitions

In the absence of contrary meaning established through legislative or judicial action pursuant to MGL Chapter 40, Section 15C, the following terms contained in that statute shall be defined as follows:

1. CUTTING OR REMOVAL OF TREES

"Cutting or removal of trees" shall mean the removal of one (1) or more trees, trimming of major branches or cutting of roots.

2. REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK

“Repair, maintenance, reconstruction, or paving work" shall mean work done within the right-of-way by any person or agency, public or private. (Within this definition is any work on any portion of the right-of-way which was not physically commenced at the time the road was designated as scenic road.) Construction of new driveways or alteration of existing ones is also included, insofar as it takes place within the right of way.

3. ROAD

"Road” shall mean a right-of-way of any way used and maintained as a public way including the vehicular traveled way plus necessary appurtenances with the right-of-way such as bridge structures, drainage systems, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways. When the boundary of the right-of-way is in issue so that a dispute arises as to whether or not certain trees or stonewalls or portions thereof are within or without the way, the trees or stonewalls, shall be presumed to be within the way until the contrary is shown.

4. SCENIC ROAD

"Scenic Road” shall mean a road so designated pursuant to M.G. L Chapter 40, Section 15C and these regulations.

5. TEARING DOWN OR DESTRUCTION OF STONE WALLS

"Tearing down or destruction of stone walls or a portion thereof shall mean the unpermitted destruction of a stone wall or portion thereof or the unpermitted temporary removal and replacement of stone walls or a portion thereof at the same location with the same materials.

6. TREES

(a) Trees shall include a tree whose trunk has a diameter of one and one-half (1 1/2) inches or more as measured one (1) foot above ground.

(b) “Public shade trees’ shall mean all trees within any public way or on the boundaries thereof.

b. Criteria for Designation of a Scenic Road

1 . The Planning Board, Conservation Commission, or Historical Commission shall, in determining which roads or portions of roads should be submitted to town meeting for designation as a scenic road. The following criteria should be considered:

(a) Ways bordered by trees of exceptional quality.

(b) Ways bordered by stone walls.

(c) Ways bordered by any other natural or man-made features of aesthetic value.

(d) Ways for which any alteration is being planned or is likely to be planned in the future.

(e) Ways for which any alteration would lessen the aesthetIc value or natural or man-made features bordering them.

c. Notification of Designation As A Scenic Road

Upon the designation by Town Meeting of any roads or portions of road as a scenic road, The Flanning Board shall take the following steps within sixty (60) days of such designation:

1 . Notify all municipal departments that may take any action with respect to such road.

2. Notify the State Department of Public Works.

3. Publish in the local paper, by an informal article, that the road (or roads) have been so designated.

4. Indicate such designation on all maps currently in use by municipal departments.

5. Notify all utility companies or other such parties which may be working on the border of such roads.

6. N9 they appear on the most recent tax list by regular mail.

d. Procedures

1 . Filing

Any person, organization, state, or municipal agency seeking the written consent of the planning board regarding the cutting or removal of trees or tearing down or destruction of stone walls, or portions thereof on a scenic road shall file a request with the planning board together with the following:

(a) The text of a legal notice identifying the location of the proposed action in terms enabling readers to locate it with reasonable specificity on the ground without need for additIonal plots or references, and describing in reasonable detail the proposed changes to trees and stone walls.

(b) A statement of purpose or purposes, for the changes proposed.

(c) A list of owners as of latest tax map of properties located in whole or in part within on hundred feet (1 00’) of the proposed action.

(d) Except in the case of Town agencies, a deposit sufficient to cover the cost of advertising and notffic3tions.

(e) Any further explanatory material useful to adequately inform the Ffanning Board.

2. Notice

The Planning Board shall, as required by statute, give notice of its public hearing by advertising twice in a newspaper of general circulation in the area. This notIce shall contaIn a statement as to the time, date, place, and purpose of the hearing with a reasonable description of the action proposed by the applicant. Copies of this notice shall also be sent to the Selectmen, the Conservation Commission, the Historical Commission, Town Engineer, Tree Warden, Department of Public Works and the owners of property within one hundred feet (100’) of the proposed action.

3. Timing of Notice

The first publication of the notice shall be as soon as feasible after the Planning Board receives the request from the applicant, and shall in all cases be at least fourteen (14) days before the hearing. The last publication shalt occur, as required by statute, at least seven (7) days prior to the hearing.

4. Timing of Hearing

The Planning Board shall hold a public hearing within sixty (60) days of the planning board meeting at which a properly filed request is received. The date and time of the public hearing shall be set outside of normal weekday work hours 8:00 AM-S FM., Monday through Friday so as to encourage maximum citizen participation.

5 Timing of Decision

The Planning Board shaflmake a decision on the request within twenty-one (21) days of the public hearing.

6. Public Shade Tree Act

Notice shall be given and Planning Board hearings shall be held in conjunction with those held by the Tree Warden acting under MGL Chapter 87. The consent of the Planning Board to a proposed action shall not be regarded as infemng consent by the Tree Warden, or vice versa. The Planning Board decision shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, MGL Chapter 87, have been complied with

e. Considerations

The Planning Bcard’s decision on any application for proposed action effecting scenic roads shall be based on consideration of the foIlow

1 . Preservation of natural resources.

2. Environmental Values.

3. Historical Values.

4. Scenic and aesthetic characteristics.

5. Public Safety.

6. CompensatorY actions proposed such as replacement of trees or walls.

7. Other sound planning consideration.

f. General

The planning board may adopt more detailed regulations for carrying out the provisions hereunder.

g. Violations

A violation of this by-law shall be punishable on a 1st offense by a fine of $50, upon a 2nd offense by a fine of $75, and upon a third or additional offense by a fine of $200 for each offense.