By adopting the rules and regulations contained herein, the
Planning Board, the Conservation Commission and Historical Commission
intend to ensure the following:
A. That the letter and spirit of the Scenic Roads Act be followed;
B. That roads recommended for designation as scenic roads meet certain
specified criteria;
C. That roads designated by Town Meeting as scenic roads not be altered
in any way that requires the cutting or removal of trees or the tearing
down or destruction of stone walls unless stated procedures are followed;
and
D. That the provisions of the Scenic Roads Act and the rules and regulations
contained herein be equitably enforced.
As used in this article, the following terms have the meanings
indicated:
CUTTING OR REMOVAL OF TREES
The cutting of major branches two inches or more in diameter
as measured next to the trunk, the cutting of roots and/or the removal
of one or more trees. The cutting or removal of dead trees or branches
shall not be considered cutting or removal of trees.
REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK
Any work done that involves the cutting or removal of trees
or the tearing down or destruction of stone walls within the town
right-or-way by any person or agency, public or private. Any work
on any portion of the town right-of-way not physically commenced at
the time of Town Meeting designation as a scenic road comes within
this definition.
ROAD
The right-of-way of any way used and maintained as a public
way, including the vehicular-traveled way plus necessary appurtenances
within the right-of-way, such as bridge structures, drainage systems,
retaining walls, traffic control devices and sidewalks. When the boundary
of the right-of-way is in issue so that a dispute arises as to whether
or not certain trees or stone walls or portions thereof are within
or without the way, the trees or stone walls shall be presumed to
be within the way until the contrary is shown.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The displacement or removal of more than five linear feet
of wall material that exists 12 inches or more above the existing
grade, but shall not be construed to include removal and rebuilding
within a reasonable time and at the same location of such materials.
TREES
Any trees that have a truck diameter of 1 1/2 inches
or more as measured one foot above the ground.
If any section, subsection, clause or phrase of these rules
and regulations is held invalid because of legislative or judicial
action, the validity of remaining portions shall not be effected.