This chapter is adopted for the purpose of carrying out the
authority granted to the Town under M.G.L. ch. 40, § 15C,
to protect designated scenic roads.
In the absence of contrary meaning established through legislative
or judicial action pursuant to M.G.L. ch. 40, § 15C, these
terms contained in that statute shall be construed as follows:
CUTTING OR REMOVAL OF TREES
The destruction of one or more tree trunks of diameter six
inches or more measured four feet from the ground, or of more than
one tree trunk of diameter four inches or more measured four feet
from the ground, or of more than six limbs or roots of more than four
inches in diameter each where cut on a single tree.
REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK
Any such work done within the right-of-way by any person
or agency, public or private, including the construction or alteration
of the portion of private driveways within the right-of-way, but not
including utility work in trees not affecting the road itself.
ROAD
A 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
The destruction of more than 10 linear feet of stone wall
involving more than one cubic foot of wall material above existing
road grade per linear foot, but shall not be construed to include
temporary removal and replacement at the same location with the same
materials.
In acting on scenic road alteration proposals, the Planning
Board shall take into consideration the following:
A. Preservation of natural resources.
B. Environmental and historical values.
C. Scenic and aesthetic characteristics.
E. Traffic volume and congestion.
F. Relationship of road design to the standards of the Planning Board
Subdivision Regulations and of the Massachusetts Department of Transportation
or its successor agency.
G. Compensatory actions proposed, such as replacement trees or walls.
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. Availability of reasonable and less damaging alternatives to the
proposed action.
L. Other sound planning considerations.
The following shall normally be considered adequate compensatory
action, unless modified by the Planning Board:
A. Trees destroyed shall be replaced with nursery grade trees on the
following basis (trees measured four feet above ground):
|
Tree Removed
|
Suggested Replacement
|
---|
|
Up to 12" diameter
|
1 tree of 4" diameter
|
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12 inches to 24" diameter
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3 trees of 4" diameter
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Over 24" diameter
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4 trees of 4" diameter
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B. Replacement trees shall be planted under the supervision of the Tree
Warden and shall be planted as soon as construction activity and the
season permit.
C. Stone walls shall be replaced in kind on a new alignment, connecting
with undisturbed walls wherever possible.