[HISTORY: Adopted by the Town Meeting of the Town of Foxborough by Art. V, § 11, of the General Bylaws. Amendments noted where applicable.]
Streets and ways — See Ch. 235.
The purpose of this bylaw is to increase environmental protection, maintain aesthetic qualities and preserve the historical values of designated roads in the Town. The bylaw regulates certain roadway repair, maintenance and reconstruction activities in order to help achieve these objectives.
The following roads are designated as scenic roadways as provided for in MGL c. 40, § 15C. The entire length of each road on the list is protected under this bylaw unless more specific limits are defined.
As used in this bylaw, the following terms shall have the meanings indicated:
- A public and/or private way, with all necessary appurtenances within its right-of-way boundaries, including bridge structures, drainage systems, retaining walls, traffic control devices and sidewalks, but not including intersecting streets or driveways.
- STONE WALL
- A man-made set of carefully placed rocks at least eight feet long and 18 inches high.
- A perennial plant having a permanent, woody, self-supporting main stem or trunk. For the purposes of this bylaw, the trunk must be a least four inches in diameter when measured one foot above the ground.
After a road has been designated as a scenic road, any repair, maintenance, reconstruction or paving work done with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the Planning Board, after a public hearing duly advertised twice in a newspaper of general circulation in the area as to time, date, place and purpose, the last publication to occur at least seven days prior to such hearing.
The project proponent shall, through the Board of Selectmen, submit a request to the Planning Board, copied to the Town Clerk, identifying the affected road(s) with the following information:
A written description of the proposed changes to trees and stone walls, for the purpose of publication in a local newspaper as part of the public hearing announcement.
A list of the owners of land abutting the scenic road(s) 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.
All trees and walls proposed for removal or alteration must be posted no more than 30 days prior to submittal of the request to the Board of Selectmen. Posting must be completed at least 14 days prior to the public hearing.
A plan and explanatory material must be provided to the Planning Board at least 14 days prior to the public hearing. Prior to submission to the Planning Board, this material must be judged adequate by the Tree Warden. It shall also specify the dates on which the subject trees and walls were posted.
A deposit sufficient to cover the expense of advertising and notification.
The Planning Board shall hold a public hearing within 30 days from the date the notice of submittal is received by the Town Clerk, and will make a decision within 15 days after the hearing is initiated. Lack of a decision will be deemed to be approval of the plan.
The following elements shall be considered by the Planning Board when reviewing proposed projects on scenic roads:
Impact on natural, environmental and historic resources;
Safety to the public and urgency of proposed roadwork;
Existing and future traffic volume and congestion;
Difference in standards, if any, between Planning Board Subdivision Regulations and those of the Highway Department;
Compensatory or mitigatory measures proposed;
Design or construction alternatives to proposed actions, and the financial or visual consequences of avoiding trees and stone walls; and
Testimony of abutters.
Trees on road boundaries are protected under this bylaw. Where boundaries are uncertain, it is presumed that a tree is within the road and on public property until the contrary is shown.
Each tree removed shall be replaced under the direction of the Tree Warden. Replacement trees should be planted within 20 feet of that road when feasible.
Removal of diseased trees declared to be public nuisances under MGL c. 132, § 11, emergency maintenance, broken limb removal and brush clearing are exempted from the provision of this bylaw.