[HISTORY: Adopted by the Annual Town Meeting of the Town
of Chelmsford 4-30-2012 by Art. 30. Amendments noted where applicable.]
This bylaw is adopted pursuant to the Town's Home Rule authority
under Section 8 of Article 89 of the Amendments to the Massachusetts
Constitution and MGL c. 40, § 15C. The purpose of this bylaw
is to protect the scenic quality and character of certain public ways
in the Town by regulating the cutting or removal of trees, the tearing
down or destruction of stone walls and the construction of any new
driveway or private way or the alteration of any existing driveway
or private way insofar as such alteration takes place within the right-of-way
when such work involves the cutting down of trees or the destruction
of stone walls, within designated scenic roads, including any such
activities which would not otherwise be subject to Planning Board
consent under MGL c. 40, § 15C. This bylaw is intended to
ensure that;
A.
Ways will be recommended for designation as a scenic road on stated
criteria.
B.
Ways so designated will not be altered without following proper procedures
and without adherence to proper considerations; and
C.
Ways so designated will not be altered by the decision of any person,
organization, or agency without the consent of the Planning Board.
The removal of one or more trees, regardless of whether or
not repair, maintenance, reconstruction or paving work is involved,
having a diameter of six inches or greater measured four feet above
ground level, and the trimming of any major branches or the cutting
of roots within or along the boundary of a right of-way. It shall
not, however, pertain to any plant appearing on the Massachusetts
Prohibited Plant List as prepared and maintained by the Massachusetts
Department of Agricultural Resources, dated January 1, 2006, or as
subsequently revised.
Any work within the right-of-way by any person or agency,
public or private, and the construction of any new driveway or private
way or the alteration of any existing driveway or private way insofar
as such alteration takes place within the right-of-way when such work
involves the cutting down of trees or the destruction of stone walls.
A right-of-way or any way used and maintained as a public
way.
Any road so designated by the Town under MGL c. 40, § 15C.
The destruction of more than five feet of stone wall, whether
or not contiguous, within or along the boundary of a right-of-way
regardless of whether or not repair, maintenance, reconstruction or
paving work is involved.
The Planning Board, Conservation Commission, or Historical Commission
shall, in determining which roads or portions of roads should be recommended
as scenic roads, consider the following criteria:
A.
Filing. Any person, organization, state, or municipal agency seeking
the written consent of the Planning Board regarding the cutting or
removal of trees, the tearing down or destruction of stone walls and
the construction of any new driveway or private way or the alteration
of any existing driveway or private way insofar as such alteration
takes place within the right-of-way when such work involves the cutting
down of trees or the destruction of stone walls, or portions thereof,
shall file a written request with the Planning Board together with
the following:
(1)
Text of a legal notice identifying the location of the proposed action
in terms enabling the readers to locate the area with reasonable accuracy
and a description of the proposed changes to trees, stone walls, natural
surroundings, man-made objects or features;
(2)
A statement of the purpose(s) for such changes;
(3)
A list of owners of properties, as certified by the Board of Assessors,
located in whole or in part within 300 feet of the proposed action;
(4)
A fee, as established by the Planning Board, to cover the cost of
advertising, notification, and administration;
(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 advertising twice in two consecutive weeks
in a newspaper of general circulation in the area. The public hearing
may coincide with the hearing(s) for proposed construction of homes
or other buildings. Copies of the notice of public hearing shall also
be sent to the Select Board, Conservation Commission, Historical Commission,
Director of Public Works, Tree Warden, and owners of property as appearing
on the most recent property listing of the Board of Assessors within
300 feet of the proposed action.
[Amended 6-17-2021 ATM by Art. 29]
C.
Time of notice. Publication of the required notice shall be completed
least seven days prior to the date of the public hearing.
D.
Time of hearing. The Planning Board shall hold a public hearing within
30 days of the receiving the hearing request.
E.
Timing of decision. The Planning Board shall make a decision on the
request within 21 days of the closing of the public hearing.
F.
Public Shade Tree Law. Whenever possible, the notices and hearings
required under this bylaw shall be filed and held in conjunction with
those of the Tree Warden acting under MGL c. 87. The consent of the
Planning Board to a proposed action shall not be regarded as inferring
consent by the Tree Warden, or vice versa. The Planning Board decision
shall contain a condition that no work should be done until all applicable
provisions of said Chapter 87 (Public Shade Tree Law) have been complied
with.
The Planning Board's decision on any application for proposed
action affecting scenic roads shall be based on consideration of the
following:
A.
Tree removal. The Tree Warden may take immediate action without hearing to remove trees or branches of any size that in his opinion present a danger to the public. This would include trees or limbs which threaten public utilities such as power lines. Action taken under this section still requires compliance with § 130-5.
B.
Stone wall removal. No hearing is required if in the opinion of the
Director of Public Works or designee the removal of up to 15 feet
of stone wall for a driveway, or up to six feet for a walkway, is
warranted. No hearing is required for temporary removal of a portion
of stone wall not to exceed 10 feet in length, or drainage emergency
repairs per the Director of Public Works' determination, provided
that the wall is restored to its original condition within 60 days
of the removal.
The Planning Board may adopt more detailed regulations for carrying
out the provisions hereunder.
The Building Inspector or designee shall be the enforcing authority. Without waiving any other enforcement authority, violations of the Scenic Road bylaw may be subject to noncriminal disposition, in accordance with Article II, § 1-2, of the Town Code. In addition, the property owner or whoever is responsible for the violation shall be required within a reasonable amount of time but not less than 60 days to:
[Amended 10-16-2017 by
ATM, Art. 18]
A.
The following list of roads have been designated as scenic roads
pursuant to MGL c. 40, § 15C:
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Byam Road from Robin Hill Road to Acton Road
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Garrison Road from Littleton Road to Hunt Road
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Crooked Spring Road from School Street to Meadowbrook Road
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Worthen Street in its entirety
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Crosby Lane in its entirety
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High Street from Acton Road to Locust Road
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Parker Road from Concord Road to Acton Road
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Robin Hill Road in its entirety
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Mill Road from Boston Road to the former Old Billerica Road * entire length of Mill Road
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Main Street from Lovett Lane to the Westford line
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School Street from Graniteville Road to Main Street
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