[Added 6-25-1997 by Bylaw Amendment 97-335; amended 1-7-1998 by Bylaw Amendment
97-356; 3-4-1998 by Bylaw Amendment 98-359]
This article is adopted for the purpose of carrying
out the authority granted to the Town of Franklin under MGL c. 40,
§ 15C, to protect designated scenic roads. The purpose of
this article is to maintain aesthetic qualities and preserve historical
and environmental protection of designated roads in Franklin. The
objectives of this article are to:
In the absence of contrary meaning established
through legislation pursuant to MGL c. 40, § 15C, or judicial
decision, these terms contained in that statute shall be designed
and construed as follows:
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 and shall
not be construed to include routine or emergency tree maintenance
which removes only permanently diseased or damaged limbs, trunks or
roots or whole trees as determined by the Tree Warden, or sound limbs,
trunks or roots of a tree with a diameter at breast height (dbh) four
inches or larger or larger than four feet above the ground that hinders
a public way as determined by the Tree Warden.
[Added 5-5-1999 by Bylaw Amendment
99-411]
A tree, with its trunk located within the right-of-way
of a Town road or way or on the boundaries thereof is a public shade
tree and subject to the jurisdiction and authority of the Tree Warden
under MGL c. 87, Shade Trees.
A tree, with its trunk located outside of the
right-of-way of a Town road or way is private property unless the
Town has acquired it or prescriptive rights in some portion of it
(e.g., roots or branches) through a judicial proceeding.
A tree, with its trunk located astride the limit
of the right-of-way, shall be a public shade tree and subject to the
jurisdiction and authority of the Tree Warden under MGL c. 87.
When the exact location of the limits of the
right-of-way cannot be determined accurately, a tree with its location
in question shall be considered a public shade tree until the contrary
is shown.
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NOTE: Based on interpretation of MGL c. 87 § 1.
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Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alterations of
existing ones is also included to the extent such work takes place
within the right-of-way.
The entire legal right-of-way of a vehicular traveled right-of-way
in Franklin, 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 shall be presumed to be within the
right-of-way until shown otherwise.
A man-made set of carefully placed rocks at least eight feet
long and eighteen inches high which is not of new construction.
The destruction of more than eight 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 Franklin Department of Public Works is notified
before the work begins so that it can confirm that the wall is properly
replaced. It shall not be construed to include temporary removal and
replacement of the same materials at the same location within a short
period of time.
Any woody plants having a diameter at breast height (dbh)
four inches or larger or larger than four feet above the around.
A.
Procedure.
(1)
Any person or group of persons may submit an application
to the Town Administrator to request that a public road be designated
as a scenic road. Such application shall be accompanied by a written
description of the characteristics of the road that qualify it for
protection afforded by this chapter.
(2)
The Town Administrator shall refer all such applications
to the Planning Board, the Conservation Commission and the Historical
Commission within 15 days of the date of receipt of the application.
(3)
Within 45 days of receipt of an application thereunder,
the Planning Board, the Conservation Commission and the Historical
Commission may make a recommendation or request in writing that the
road described in the application be designated a scenic road.
B.
Findings. One or more of the following findings shall
be made by the Town Council prior to designating a public road a scenic
road:
(1)
Historic significance of affected trees and stone
walls.
(2)
Contribution of trees and stone walls to scenic beauty.
(3)
Exceptional qualities of trees in terms of age, spread,
species or specimen size.
(4)
Protection of natural resources as well as scenic
and aesthetic quality of area.
(5)
Bordering land uses, present and prospective, and
how they impact the importance of retaining trees and walls.
(6)
Feasibility of accomplishing the intent of the Scenic
Roads Act in light of road design and use.
C.
Nonqualifying roads. Numbered routes and state highways
may not be designated scenic roads.
A.
Scenic road work permit. The Planning Board shall
issue a scenic road work permit in accordance with the following review
procedures. The Planning Board shall advertise, notify abutters and
hold a public hearing on all work permit applications filed hereunder.
B.
Activities requiring approval. Within a public road
which has been designated a scenic road, the following activities
shall require approval of the Planning Board in accordance with the
provisions of this article: The cutting or removal of trees and/or
the tearing down or destruction of stone walls or portions thereof,
in connection with repair, maintenance, reconstruction or paving work
within a public road.
C.
Imminent threats to public safety. In cases where
an imminent threat to public safety newly arises and does not allow
sufficient time to obtain advance approval of the Planning Board as
required by this chapter, the Planning Board must be notified within
five business days of any action taken which, had such threat not
arisen, would have been a violation of this article.
D.
Application contents.
(1)
A notice identifying the location of the proposed
activity which enables readers to reasonably locate it on the ground,
without need for additional references, describing the proposed changes
to tree(s) and/or stone wall(s).
(2)
A list of the owners of land which is both abutting
and within 300 feet of the affected scenic road location.
(3)
A plan, describing the proposed activity and mitigation
measures, including restoration and any compensatory efforts.
(4)
A certificate by the petitioner attesting to the marking
of all trees and walls to be affected, sufficient to enable the Board
and all interested parties to identify those trees and walls.
(5)
Photographs of all stone walls and trees within the
proposed work area.
E.
Fees. Actual advertising costs for a scenic roads work permit shall be borne by the petitioner and shall be billed directly to the petitioner. A scenic roads work permit fee may be established in Chapter 82 of the Town Code to cover the Town's administrative costs.
F.
Compensatory actions.
(1)
Since the purpose of this chapter is to protect the
scenic quality and character of designated scenic roads, the Planning
Board shall approve the proposed work only upon finding that adequate
compensatory actions have been included in the applicant's proposed
plan. The Planning Board shall consider the value of compensatory
actions, such as the planting of new replacement trees or the reconstruction
of stone walls, in making its decision.
(2)
Limited review standards.
(a)
Replacement trees.
[1]
Trees destroyed shall be replaced with nursery
grade trees on the following basis:
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Tree Removed
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Replacement
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Up to 12 inches dbh
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1 tree minimum, 4-inch caliper
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12 inches to 24 inches dbh
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3 trees minimum, 4-inch caliper
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Over 24 inches dbh
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4 trees at minimum, 4-inch caliper
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[2]
The Planning Board shall approve the final specimen
and replanting location selected with a preference for replacement
tree(s) planted within the outer edge of the right-of-way.
(b)
Stones walls shall be replaced so as to reconnect
with undisturbed walls wherever physically possible.
(c)
Reasonable measures should be taken in road
widening and traffic safety projects on scenic roads so as to minimize
tree removal and destruction of any portion of a stone wall. All feasible
measures should be employed in the construction of sidewalks, private
driveways and other such construction to minimize the removal of trees,
stone walls and the grade of adjacent lands.
The Department of Public Works shall enforce
the provisions of this chapter. Anyone who violates the provisions
of this chapter may be fined through noncriminal disposition in accordance
with MGL c. 40, § 21D, as follows:
The following are designated as scenic roads:
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Daniels Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Forest Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Jordan Road
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Mount Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Partridge Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Prospect Street from Town line to Washington
Street
|
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South Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Spring Street
[Added 10-27-1999 by Bylaw Amendment 99-422] |
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Upper Union Street from King Street to Wrentham
Town line
[Added 6-3-1998 by Bylaw Amendment 98-363] |
