For terms not qualified or defined in MGL c.
40, § 15C (Scenic Roads), the following meanings shall apply
for the purposes of this article:
BRANCH
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.
CUTTING OR REMOVAL OF TREES
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.
REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK
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.
ROAD
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.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
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]
TREE
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.
TREE WARDEN
The Town of Wayland Tree Warden or its designated deputy.
[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.
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.
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.