[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
by Art. V, § 11, of the General Bylaws. Amendments noted
where applicable.]
GENERAL REFERENCES
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.
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Allen's Way
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Baker Street
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Granite Street
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Lakeview Road
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Mill Street
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North High Street
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Post Road
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Prospect Street
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Rockhill Street
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Stratton Lane
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Union Street
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Walnut Street
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Water Street
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Woodland Road
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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.
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.
A.
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.
B.
The project proponent shall, through the Select Board, submit a request
to the Planning Board, copied to the Town Clerk, identifying the affected
road(s) with the following information:
[Amended 1-30-2023 STM by Art. 1]
(1)
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.
(2)
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.
(3)
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 Select
Board. Posting must be completed at least 14 days prior to the public
hearing.
(4)
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.
(5)
A deposit sufficient to cover the expense of advertising and notification.
C.
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.
A.
The following elements shall be considered by the Planning Board
when reviewing proposed projects on scenic roads:
(1)
Impact on natural, environmental and historic resources;
(2)
Safety to the public and urgency of proposed roadwork;
(3)
Existing and future traffic volume and congestion;
(4)
Difference in standards, if any, between Planning Board Subdivision
Regulations and those of the Highway Department;
(5)
Compensatory or mitigatory measures proposed;
(6)
Design or construction alternatives to proposed actions, and the
financial or visual consequences of avoiding trees and stone walls;
and
(7)
Testimony of abutters.
B.
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.
C.
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.
