[HISTORY: Adopted by the Town Meeting of the Town of Walpole as Article XXVI of the 1973 General Bylaws, as updated through 2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Enforcement by noncriminal disposition — See Ch. 295, Art. II.
Streets and sidewalks — See Ch. 510.
ATTACHMENTS
Attachment 1 - List of Scenic Roads
The Town of Walpole adopts the following bylaw pursuant to MGL c. 40, § 15C, so as to accomplish the following purposes and considerations:
A. 
Preservation of natural resources;
B. 
Environmental and historical values;
C. 
Scenic and aesthetic characteristics;
D. 
Public Safety;
E. 
Traffic volume and congestion;
F. 
Relationship of road design to the standards of the Walpole Planning Board's Subdivision Regulations and of the Massachusetts Highway Department;
G. 
Compensatory actions proposed such as replacement trees or wall;
H. 
Functional urgency of the repair, maintenance, reconstruction or paving;
I. 
Financial and other consequences of design revision to avoid or reduce damage to trees or stone walls;
J. 
Evidence contributed by abutters, Town agencies and other interested parties;
K. 
Other sound planning consideration.
CUTTING OR REMOVAL OF TREES
Shall mean the destruction of one or more tree trunks of a diameter of four inches or more measured one foot from the ground, or for the cutting of any branches resulting in the reduction of 10% or more of a tree or trees.
ROAD
Shall mean a right-of-way of any way including the vehicular-traveled way plus its necessary appurtenances within the right-of-way including bridge structures, drainage system, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
Shall mean the destruction of more than 15 linear feet of stone wall involving more than one cubic foot of wall material per linear foot above existing grade, but shall not be construed to include temporary removal and replacement at the same location with the same materials.
A. 
Filing. Any person or organization seeking the consent of the Planning Board pursuant to this bylaw regarding the cutting or removal of trees or the tearing down or destruction of stone walls, or portions thereof, in connection with the repair, maintenance, reconstruction or paving work on Scenic Roads, shall, through the Select Board, submit a request to the Planning Board together with the following:
[Amended 10-21-2019 FATM, Art. 20]
(1) 
The text of a legal notice identifying the location of the proposed action in terms enabling readers to reasonably locate it on the ground without need for additional plats or references, and describing the proposed changes to trees and stone walls;
(2) 
A list of the owners of land abutting the scenic road on which the proposed work is to be performed, and, if the proposed work is only for a section of a scenic road, a list of the owners of land abutting and within 100 feet of the section;
(3) 
Except in the case of Town agencies, a deposit sufficient for the cost of advertising and notification;
(4) 
A plan and explanatory material found adequate by the Town Engineer to inform the Planning Board prior to the public hearing, showing the trees and walls to be affected;
(5) 
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. Notice of submittal shall be concurrently filed with the Town Clerk.
B. 
Notice. The Planning Board shall, as required by MGL c. 40, § 15C, give notice of its public hearing by twice advertising in a newspaper of general circulation in the area. The Board shall also send copies of that notice to the Select Board members, Conservation Commission, Historical Commission, Town Engineer, Tree Warden, Department of Public Works, and owners of property within 100 feet of the proposed action.
[Amended 10-21-2019 FATM, Art. 20]
C. 
Timing. The Planning Board shall hold a hearing within 30 days from the date on which notice of submittal is received by the Town Clerk, and shall issue a decision within 45 days of that receipt, unless a longer time is agreed to by the applicant.
D. 
Tree Warden. Whenever feasible, Planning Board hearings shall be held in conjunction with those to be held by the Tree Warden acting under MGL c. 87. Consent to an action by the Planning Board shall not be construed as inferring consent by the Tree Warden, or vice versa.
E. 
Planning Board regulations. The Planning Board is authorized to adopt such regulations as it deems necessary and proper in carrying out its duties under this bylaw.
F. 
Enforcement. No person shall perform any repairs, maintenance, construction, reconstruction or paving on any road designated as a Scenic Road, involving the cutting or removal of trees or the tearing down or destruction of a stone wall or portion thereof along any road designated as a scenic road, without the prior written consent of the Planning Board as set forth in this bylaw. The provisions of this bylaw shall be enforced by the Tree Warden and any police officer of the Town of Walpole.
[Amended 5-11-2005 SATM, Art. 63]
A violation of this bylaw shall be punished by a fine of $300. Each day in violation of this bylaw shall be considered a separate offense. This bylaw may be enforced through criminal complaint or by noncriminal disposition in accordance with MGL c. 40, § 21D.