[HISTORY: Adopted by the Annual Town Meeting
of the Town of Belchertown 5-12-2003 by Art. 28. Amendments noted where applicable.]
Statutory provisions of the Scenic Road Act,
MGL c. 40, § 15C: "Upon recommendation or request of the
Planning Board, Conservation Commission, or Historical Commission
of any city or town, such city or town may designate any road in said
city or town other than a numbered route or state highway, as a scenic
road.
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After a road has been designated
as a scenic road, any repair, maintenance, reconstruction, or paving
work done with respect thereto shall not involve or include the cutting
or removal of trees, or the tearing down or destruction of stone walls,
or portions thereof, except with prior written consent of the Planning
Board ... after a public hearing duly advertised twice in a newspaper
of general circulation in the areas, as to time, date, place, and
purpose, the last publication to occur at least seven days prior to
such hearings; provided, however, that when a public hearing must
be held under the provisions of this section and under section three
of Chapter 87 (Public Shade Tree Act) prior to cutting or removal
of a tree, such hearings shall be consolidated into a single public
hearing before the Tree Warden and the Planning Board ... and notice
of such consolidated public hearing shall be given by the Tree Warden
or his deputy as provided in said section three of Chapter 87.
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Designation of a road as scenic
road shall not affect the eligibility of a city or town to receive
construction or reconstruction aid for such road pursuant to the provisions
of Chapter ninety."
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In accordance with the Belchertown Community
Plan, the purpose of this chapter is to maintain Belchertown's rural
New England look and feel:
A.
To maintain and enhance the rural character of historic
and scenic town roads through the preservation of mature trees and
stone walls;
B.
To "avoid suburban style road sides" by maintaining
the natural beauty that exists along scenic roads and encouraging
new development that is compatible with existing road side features;
C.
To implement more fully the provisions of the Scenic
Road Act, with acknowledgement that roads serve transportation function
for pedestrians, bicyclists, and equestrians as well as motorized
vehicles.
D.
To provide a public process for achieving balance
between the preservation of rural character and scenic beauty, public
safety, and efficient road maintenance.
For terms not qualified in MGL c. 40, § 15C,
of the Massachusetts General Laws the following meanings shall apply
for the purposes of this chapter:
The removal of one or more trees, trimming of major branches
or cutting of roots sufficient in the Tree Warden's written opinion
to cause eventual destruction of a tree. It does not include clearing
nuisance growth, routine or emergency tree maintenance which removes
only permanently diseased or damaged limbs, trunks or roots and dead
whole trees or thinning overcrowded trees as determined by the Tree
Warden.
Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alteration of
existing ones is included, in so far as it takes place within the
right-of-way. Construction or alteration of water, sewer, electric,
telephone, cable TV, or other utilities within the right-of-way is
also included.
A vehicular traveled way plus its necessary appurtenances
within the right-of-way, including bridge structures, drainage systems,
retaining walls, traffic control devices, and sidewalks, but not intersecting
streets or driveways. The right-of-way includes the area on and within
the boundaries of the public way and the air space above. If the boundaries
are not officially known, any affected tree or stone wall shall be
presumed to be within the public right-of-way until shown to be otherwise.
The destruction of more than 10 linear feet of stone wall
involving more than one cubic foot of wall material per linear foot
above existing grade. Temporary removal and replacement of a stone
wall, within a reasonable period of time, not to exceed six months,
at the same location with the same materials is permitted without
Planning Board approval if the Town Highway Department is notified
before the work begins. Repair of a stone wall not involving removal
and/or destruction is not covered by this chapter.
Includes a tree whose trunk has a diameter of four inches
or more as measured four feet above the ground. Nothing in this definition
shall be construed to permit a person, other than the Tree Warden
or his deputy, to trim, cut down or remove a public shade tree more
than one and one-half inch in diameter one foot from the ground.
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:
A.
Overall scenic beauty and rural character.
B.
Contribution of trees and/or stone walls to scenic
beauty and rural character
C.
Age and historic significance of roads, trees, and
stone walls
D.
Man-made features such as historic buildings, monuments,
burial grounds, farm buildings and fencing.
E.
Road features such as historic layout, surface, carriage
width, use restrictions, bridges.
A.
The Planning Board, the Select Board, the Conservation
Commission, the Historical Commission, or a petition of 10 citizens
of the Town may propose "scenic road" designation for any Belchertown
road or specific portion of a road other than a numbered route or
state highway as a scenic road. The Planning Board shall hold a public
hearing notifying the Select Board, the Tree Warden, the Department
of Public Works, the Conservation Commission, and 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 public
hearing. The Planning Board shall make a recommendation to Town Meeting
on the merits of designation of the proposed road as a scenic way.
A majority vote of Town Meeting is required for designation. Such
designation shall be effective as of the date of Town Meeting action.
B.
Following designation by Town Meeting, the Planning
Board shall:
(Reserved)
A.
Curb cuts. Driveway standards shall be consistent with the regulations for curb cuts contained in the Belchertown Bylaw Chapter 114, Streets and Sidewalks.
B.
Only one driveway cut per lot onto any scenic road
shall be allowed.
C.
Stone wall removal limitation.
(1)
Where stone walls exist the maximum amount of stone
wall to be removed shall be the width of the driveway or new road
at the location of the stone wall plus three feet on each side.
(2)
Unless otherwise waived, removed stone shall be used
to repair other sections of the wall along the road.
(3)
No wall shall be cut without construction of an appropriate
terminus. Appropriate end points shall consist of stone piers, granite
posts, stone walls with tapered ends turning back onto the lot along
the drive, or wooden posts with or without a gate.
D.
Tree removal limitation. No tree with a trunk exceeding
eight inches in diameter four and one half feet above ground level
shall be cut for a driveway or new road unless the curb cut cannot
be safely located otherwise. Unless otherwise waived, whenever trees
are removed, the applicant will plant equivalent native species elsewhere
along the road right-of-way.
A.
Filing. Any person or organization, seeking consent of the Planning Board under MGL c. 40, § 15C (the Scenic Road Act) regarding the cutting or removal of trees or tearing down of stone walls or portions thereof, in connection with the repair, maintenance, reconstruction or paving work, including new driveways (as defined in § 97-3) on scenic roads, shall submit a request in writing to the Planning Board with the following:
(1)
A plan showing the location and the nature of the
proposed action and a description of the proposed changes to trees
and stone walls.
(2)
A statement of the purpose(s) for the change.
(3)
A list of owners of property located within 500 feet
of the proposed action.
(4)
Any further explanatory information including proposed
compensatory actions that may be useful to the Planning Board prior
to the public hearing.
(5)
A filing fee adequate to cover advertising the public
hearing. Town agencies shall be exempt from the fee.
B.
Relationship to Public Shade Tree Act (MGL c. 87).
Notice shall be given and Planning Board hearings shall be held in
conjunction with those held by the Tree Warden acting under MGL c.
87, the Public Shade Tree Act. Consent to an action by the Planning
Board shall not be construed as inferring consent by the Tree Warden
or the reverse. A Planning Board Decision shall contain a condition
that no work shall take place until all applicable provisions of MGL
c. 87 have been met.
C.
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, the last publication at least
seven days prior to the public hearing. This notice shall contain
a statement as to the time, date, place, and purpose of the hearing
with a description of the action proposed by the applicant. Copies
of this notice shall be sent to the applicant, the Select Board, the
Tree Warden, the DPW Superintendent, the Conservation Commission,
the Historical Commission and the owner of the property located within
500 feet of the proposed action. In the event the Planning Board holds
a joint hearing with the Tree Warden acting under MGL Ch. 87, the
advertisement shall be made by the Tree Warden.
D.
Timing of the hearing. The Planning Board shall hold
a public hearing as soon as possible, but no later than 30 days of
receipt of a properly filed request, and shall make a decision within
45 days of the receipt, unless a longer time is agreed to by the applicant.
E.
Decision.
(1)
The Planning Board shall file its decision with the
Town Clerk no later than 15 days from the hearing unless a longer
time is agreed to by the applicant. Copies of the decision shall be
sent to the applicant, the Tree Warden, the DPW Superintendent, the
Conservation Commission, the Select Board, the Historical Commission
and the Zoning Enforcement Officer.
(2)
In rendering its decision, the Planning Board shall review the application as to its compliance with MGL c. 84 § 5, the regulations in this chapter, the considerations listed in the following § 97-9.
(3)
The Planning Board may require sufficient bond to
be posted to cover the costs of required work within the road right-of-way
and to protect existing vegetation and stone walls. Such bonding will
be specified in the Board's decision.
(4)
The approval by the Planning Board under these regulations
of a proposed action shall be valid for two years, after which it
shall be void.
In rendering a decision, the Planning Board
shall consider the following:
A.
Community Plan goals, including: preservation of rural
character, avoiding suburban roadside and maintaining the scenic and
aesthetic quality of the road.
B.
Preservation of historic values.
C.
Protection of natural resources and wildlife habitat.
D.
Public safety.
E.
Recreation uses of the road.
F.
Traffic volume, congestion and posted speed limits.
H.
Proposed compensatory actions such as replacement
of trees or walls.
I.
Financial hardship related to design revision to avoid
or reduce damage to trees or stone walls.
J.
Functional importance and urgency of repair, maintenance,
reconstruction, or paving.
K.
Additional evidence contributed by abutters, Town
agencies and other interested parties.
A.
Failure to file. Failure to file with the Planning
Board for permission to cut or remove trees or for the destruction
of 10 or more feet of stone wall within the right-of-way of a scenic
road will require an immediate filing as detailed above and shall
be subject to restoration of the features. Unless waived, this restoration
shall consist of replacing the stone wall on a square-foot-per-square-foot
basis and replacing the trees cut on a diameter-inch-per-diameter-inch
basis at locations specified by the Planning Board and Tree Warden.
B.
Compliance. Failure to comply with the duly issued
decision of the Planning Board shall be subject to restoration as
stated above, and other remedial measures the Planning Board deems
necessary, including enforcement of the bonding.
C.
Authority. The Planning Board and the Tree Warden
(where appropriate) shall have the authority to enforce the provisions
of this chapter.
D.
Violations. The Tree Warden may issue a citation for
violation of these regulations. A failure to respond to properly issued
citations, or failure to comply with a Planning Board decision or
failure to undertake required restoration shall be considered a major
violation, subject to a fine of not more than $300. Each day that
such violation continues shall constitute a separate offense.
The procedures of this chapter shall not apply
when the Tree Warden acts in an emergency in accordance with MGL c.
87 to remove fallen trees or limbs which cause an obstruction to public
travel or a dangerous situation with respect to utility lines. In
such cases, the Planning Board must be notified within 5 business
days of any action, which had the threat not existed, would be a violation
of this chapter.
