[Adopted 5-4-1995 ATM by Art. 32 (Art. 34 of the 1973 Bylaws)]
A.
Authority. This article is adopted under authority of MGL c. 40, § 15C (Scenic Roads) and MGL c. 40, § 21 and Article 11 and Article LXXXIX, Section 6 of Articles of Amendment of the Constitution of the Commonwealth of Massachusetts.
B.
Purpose. The purpose of this article is to maintain
the rural, natural, historic and scenic character of the town's roads
(as defined herein). The article ensures that:
(1)
Town roads will be recommended for designation as
scenic roads in accordance with the criteria stated in this article;
and
(2)
Trees (as defined herein) and stone walls within the
rights-of-way of all designated scenic roads will not be altered without
the public hearing required by, nor without following the other procedures
set forth in, this article.
For terms not qualified or defined in MGL c.
40, § 15C (Scenic Roads), the following meanings shall apply
for the purposes of this article:
A living branch that is fully attached to a tree (as defined
herein) and that has a diameter of three inches or more 12 inches
from the point at which said branch connects to the tree.
The removal of one or more trees, trimming of branches (both
as defined herein) or cutting of roots sufficient in the Tree Warden's
written opinion to cause eventual destruction of the tree.
Any work done within a road (as defined herein) by any person
or agency, public or private. Construction of new driveways or alteration
of existing ones is included, insofar as it takes place within the
road. Construction or alteration of water, sewer, electric, telephone,
cable television or other utilities within the road is also included.
The entire legal right-of-way of a vehicular traveled right-of-way
in Wayland, including any necessary appurtenances, and including bridge
structures, drainage systems, retaining walls, traffic control devices
and sidewalks. The right-of-way includes the area on and within the
boundaries of the right-of-way. If the boundaries are not officially
known, any affected tree or stone wall shall be presumed to be within
the right-of-way until shown to be otherwise.
The destruction of more than ten linear feet of stone wall
involving more than one cubic foot of wall material per linear foot
above existing grade. Temporary removal and replacement at the same
location with the same materials is permitted without Planning Board
approval, but only if the Board of Public Works is notified before
the work begins so that it can confirm that the wall is properly replaced.
Repair of a stone wall not involving tearing down or destruction of
the wall is not covered by this article.
[Amended 4-10-2008 ATM by Art. 5]
A living tree in its naturally standing position, the trunk
of which has a diameter of four inches or more four feet above the
ground. Nothing in this definition shall be construed to permit a
person, other than the Tree Warden, to trim, cut down or remove a
public shade tree.
The Town of Wayland Tree Warden or its designated deputy.
A.
In determining which roads or portions of roads should
be recommended to Town meeting for designation as scenic roads, the
following criteria shall be considered:
(1)
Overall scenic beauty.
(2)
Contribution of trees to scenic beauty.
(3)
Contribution of stone walls to scenic beauty.
(4)
Age and historic significance of roads, trees and
stone walls.
(5)
Built features, such as historic buildings, historic
monuments, historic burial grounds, historic structures, farm buildings
and fencing.
(6)
Features of the road, such as historic right-of-way,
surface, carriage width, use restrictions and nonhistoric bridges.
B.
Roads that have previously been designated as scenic
roads may be reevaluated using the foregoing criteria.
[Amended 4-10-2008 ATM by Art. 5]
The Planning Board, the Conservation Commission
or the Historical Commission, or a petition of 10 citizens of the
town, may propose scenic road designation for any road other than
a numbered route or state highway. The Planning Board then shall hold
a public hearing, notifying the Select Board, the Tree Warden, the
Board of Public Works, the Conservation Commission, the Historical
Commission and the public by advertising twice in a newspaper of general
circulation, the first advertisement to appear at least 14 days prior
to the date of the public hearing.
A.
The Planning Board shall make a recommendation to
Town meeting on the merits of designation of the road as a scenic
road.
B.
Following designation by Town meeting, the Planning
Board shall:
(1)
Notify all municipal departments that may take any
action with respect to such road.
(2)
Notify the Massachusetts Highway Department.
(3)
Notify the Commissioners of Middlesex County.
(4)
Indicate such designation on all maps currently in
use by municipal departments.
(5)
Notify all utility companies or other such parties
that may work on such road.
A.
Filing. Any person or organization or agency seeking
the consent of the Planning Board under MGL c. 40, § 15C
(Scenic Roads) regarding repair, maintenance, reconstruction or paving
work that may involve the cutting or removal of trees or the tearing
down or destruction of stone walls, or portions thereof, on a designated
scenic road shall file a request with the Planning Board and submit
the following information:
(1)
The text of the notice of the public hearing, specifying
the time, date, place and purpose of said hearing and identifying
the location of the proposed action in terms enabling the readers
to locate it with reasonable specificity on the ground without the
need for additional plats or references and describing in reasonable
detail the proposed changes to trees and stone walls.
(2)
A statement of the purpose or purposes for the proposed
action.
(3)
Plans, drawings or other explanatory reference material
showing the specific design or engineering details.
(4)
Except in the case of Town agencies, a fee sufficient
for the cost of advertising and notification.
(5)
Any further explanatory material useful to adequately
inform the Planning Board.
B.
Notice. The Planning Board shall, as required by statute,
give notice of its public hearing by twice advertising in a newspaper
of general circulation in the area, with the first publication of
the notice to be at least 14 days prior to the hearing and the last
at least seven days prior to the hearing. Copies of the notice shall
be sent to the Select Board, Conservation Commission, Historical Commission,
Town Surveyor, Tree Warden and Board of Public Works.
[Amended 4-10-2008 ATM by Art. 5]
C.
Timing of the hearing. The Planning Board shall hold
a public hearing within 30 days of receipt of a properly filed request
and shall make a decision within 45 days of that receipt, unless a
longer time is agreed to by the applicant.
D.
Reporting of decision. The Planning Board shall, within
45 days of receipt of a properly filed request, submit a written determination
of consent or denial to the applicant and send a copy thereof to the
Select Board, the Tree Warden and the Town Clerk.
E.
Public shade trees. When required by MGL c. 87 (Shade
Trees), notice shall be given and Planning Board hearings required
by MGL c. 40, § 15C (Scenic Roads) shall be held in conjunction
with those held by the Tree Warden acting under MGL c. 87 (Shade Trees).
Consent to an action by the Planning Board shall not be construed
as consent by the Tree Warden or vice versa. A Planning Board decision
shall contain a condition that no work shall take place until all
applicable provisions of MGL c. 87 (Shade Trees) have been complied
with.
F.
Emergency repair. This article shall not apply when
the Tree Warden acts in an emergency in accordance with law.
In acting on applications concerning designated
scenic roads, the Planning Board shall take into consideration the
following:
A.
Preservation of natural resources.
B.
Preservation of historic resources.
C.
Scenic and aesthetic characteristics.
D.
Environmental values.
E.
Public safety.
F.
Local residential traffic patterns and overall traffic
volume and congestion.
G.
Compensatory actions proposed, such as tree and wall
replacement.
H.
Functional importance and urgency of repair, maintenance,
reconstruction or paving.
I.
Additional evidence contributed by abutters, Town
agencies and other interested parties.
J.
Existence or absence of reasonable alternatives.
K.
Other planning information.
A.
At a minimum, driveways shall be consistent with Wayland
regulations for residential driveways and curb cuts and shall comply
with this article.
B.
Only one driveway cut per lot onto any designated
scenic road shall be allowed. A new driveway onto a designated scenic
road shall not exceed 12 feet in width.
C.
Stone wall sections to be removed for a driveway shall
not exceed the driveway width by more than two feet.
D.
No tree with a trunk exceeding eight inches in diameter
four feet above the ground or cluster of trees within six feet of
one another with trunks six inches in diameter four feet above the
ground shall be removed for a driveway unless the curb cut cannot
be safely located elsewhere.
A.
Failure to file with the Planning Board for permission
to cut or remove trees or for destruction of any portion of a stone
wall within any designated scenic road will require an immediate filing
as detailed above, and the applicant shall be required to restore
features. This restoration shall consist of replacing the stone wall
as necessary and replacing the trees cut on a square-inch-per-square-inch
basis (combined area of the replacement trees measured one foot above
ground level to equal total area of the original tree trunk as measured
at the stump) at locations specified by the Planning Board.
B.
Failure to comply with a duly issued decision of the
Planning Board shall be subject to restoration as detailed above and
other remedial measures that the Planning Board deems necessary. Any
decision not carried out within two years of issue shall be void and
shall require a new filing. The Planning Board and the Tree Warden
shall have the authority to enforce the provisions of this article.
C.
Any violation of this article, MGL c. 40, § 15C
(Scenic Roads) or a Planning Board decision issued under this article
or MGL c. 40, § 15C shall be punishable by a fine not to
exceed $300.
