[Added 5-13-2003 ATM, Art. 14]
A.
Authority. This bylaw is adopted under authority of Chapter 40, Section 15C and Chapter 40, Section 21 of the Massachusetts General Laws and Article II and Article LXXXIX, Section 6 of Articles of Amendment of the Constitution of the Commonwealth of Massachusetts.
B.
Purpose. The purpose of this bylaw is to maintain
rural, natural, historic and scenic character of the town's roadways.
This bylaw ensures that:
(1)
Town ways will be recommended for designation as scenic
roads in accordance with the criteria stated in this bylaw; and
(2)
Trees and stone walls within the right-of-way or layout
of all designated scenic town roads will not be altered without the
public hearing required by, or without following the other procedures
set forth in this bylaw.
For terms not qualified or defined in Chapter
40, Section 15C of the Massachusetts General Laws the following meanings
shall apply for the purpose of this bylaw:
The removal of one or more trees, trimming of major branches,
or cutting of roots or otherwise intentionally impacting the trees,
sufficient in the Tree Warden's written opinion to cause eventual
destruction of a tree.
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, insofar as it takes place within the right-of-way.
Construction or alteration of water, sewer, electric, telephone, cable
television, or other utilities within the right-of-way is also included.
The entire right-of-way of a vehicular traveled right-of-way
including any necessary appurtenances 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. 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.
A continuous alignment of dry laid stones, at least two courses
high, at least ten feet long and at least 50 years old.
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 if the Department of Public Works is notified before the
work begins so that it confirms that the wall is properly replaced.
Repair of stone wall, not involving tearing down or destruction of
the wall, is not covered by this bylaw.
Shall include a tree whose trunk has a diameter of eight
inches or more as measured four feet above ground.
In determining which roads or portions should
be recommended to Town Meeting for designation as scenic roads, the
following criteria must apply:
A.
Overall scenic beauty;
B.
Contribution of trees to scenic beauty;
C.
Contribution of stone walls to scenic beauty;
D.
Age and historic significance of roads, trees, and
stone walls;
E.
Built features such as historic buildings, historic
monuments, historic burial grounds, historic structures, farm buildings
and fencing; and
F.
Road features such as historic layout, surface, carriage
width, use restrictions, non-historic bridges.
[Amended 11-20-2019 STM, Art. 13]
The Planning Board, the Select Board, the Conservation
Commission, the Historical Commission, or a petition of ten (10) citizens
of the town may propose the possibility for any Ashland road other
than a numbered route or state highway being designated as a scenic
road. The Planning Board then shall hold a public hearing notifying
the Select Board, the Tree Warden, Department of Public Works, Conservation
Commission, and the Historical Commission and the general public by
advertising in a local paper twice. The first advertisement to appear
at least fourteen days prior to the date of the hearing. The Planning
Board shall make recommendation to Town Meeting on the merits of designation
of the proposed road as scenic way. No road shall be designated a
scenic road by Town Meeting unless such designation is favorably recommended
by the Historical Commission. A majority vote of Town Meeting is required
for designation. Following designation by Town Meeting, the Planning
Board shall:
A.
Notify all municipal departments that may take any
action with respect to such road;
B.
Notify the Massachusetts Department of Highway;
C.
Indicate such designation on all maps currently in
use by municipal departments; and
D.
Notify all utility companies or other such parties,
which may be working on the border of such road.
|
The seven roads previously designated as scenic
roads by Ashland Annual Town Meeting shall retain their status as
scenic for the purpose of the Scenic Road Bylaw.
|
A.
Filing. Any person or organization or agency seeking
the consent of the Planning Board under M.G.L. Chapter 40, Section
15C regarding road repair, maintenance, reconstruction, or paving
work that may involve the cutting or removal of trees or the tearing
down of stone walls, or portions thereof, shall file a request with
the Planning Board and submit the following information:
(1)
The text of the legal notice identifying the location
of the proposed location in terms enabling the readers to locate it
with reasonable specificity on the ground without the need for additional
plats or references, and describing in reasonable detail the proposed
changes to trees and stone walls;
(2)
A statement of purpose, or purposes, for the proposed
action;
(3)
Plans, drawings or other explanatory reference material
showing the specific design or engineering details.
(4)
Except in the case of town agencies, a fee sufficient
for the cost of advertising and notification; and
(5)
Any further explanatory material useful to adequately
inform the Planning Board.
B.
Notice. The Planning Board shall, as required by statute,
give notice of its public hearing by twice advertising in a newspaper
of general circulation in the area, with the first publication of
the notice to be at least fourteen days prior to the hearing and the
last seven days prior to the hearing. Copies of the notice shall be
sent to the Select Board, Conservation Commission, Tree Warden, Historical
Commission and Department of Public Works.
[Amended 11-20-2019 STM, Art. 13]
C.
Timing of Hearing. The Planning Board shall hold a
public hearing within 30 days of receipt of properly filed request,
and shall make a decision within 45 days of that receipt, unless a
longer time is agreed to by the applicant.
D.
Reporting of Decision. The Planning Board shall, within
45 days of receipt of a properly filed request, submit a written determination
of consent or denial to the applicant and send a copy thereof to the
Select Board and the Town Clerk.
[Amended 11-20-2019 STM, Art. 13]
E.
Public Shade Trees. Notice shall be given and Planning Board hearings shall be held in conjunction with those held by the Tree Warden acting under M.G.L., Chapter 87. Consent to an action by the Planning Board shall not be considered as consent by the Tree Warden or vice versa. A Planning Board decision shall contain a condition that no work shall take place until all the applicable provisions of M.G.L. Chapter 87 have been complied.
In acting on applications concerning 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;
D.
Environmental Values;
E.
Public Safety;
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 abutter, town agencies,
and other interested parties;
J.
Existence or absence of reasonable alternatives; and
K.
Other planning information.
At a minimum, driveways shall be consistent
with Ashland regulations for residential driveways and curb cuts and
shall comply with this bylaw.
Only one driveway cut per lot onto any scenic
road shall be allowed. A new driveway on a scenic road shall not exceed
twelve feet in width.
Stone wall sections to be removed for a driveway
shall not exceed the driveway width by more than one foot on either
side. No tree with a trunk exceeding eight inches in diameter four
feet above the ground shall be removed for a driveway unless the curb
cannot be safely located elsewhere.
Failure to file with the Planning Board for
permission to cut or remove trees or for destruction of any portion
of a stone wall within the layout of any scenic road will require
an immediate filing as detailed above and the applicant shall be required
to restore the features if required by the Planning Board. This restoration
shall consist of replacing the stone wall as necessary and replacing
the trees cut on a square-inch per square inch basis (combined area
of the replacement trees measured one foot above ground level to equal
total area of the original tree trunk as measured at the stump) at
locations specified by the Planning Board.
Failure to comply with duly issued decision
of the Planning Board shall be subject to restoration as detailed
above and other remedial measures that the Planning Board deems necessary,
including, but not limited to the enforcement of the restoration measures
as stated above. Any decision not carried out within two years of
issue shall be void and shall require a new filing.
The Planning Board and the Tree Warden, where
appropriate, shall have the authority to enforce the provisions of
this bylaw.
Any violation of this bylaw, M.G.L. Chapter
40, section 15C, or a Planning Board decision issued under this bylaw
or M.G.L. Chapter 40, Section 15C, shall be punishable by a fine not
to exceed three hundred dollars per violation.
