Town of Mansfield, MA
Bristol County
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[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 189.
Zoning — See Ch. 230.
The purposes of the Scenic Road Bylaws are to:
Preserve and enhance the natural beauty and historic character of Mansfield's scenic roads.
Protect all trees and stone walls within the Town-owned right-of-way from illegal removal or cutting, injury or degradation.
Provide a process by which application for removal of trees or stone walls along a scenic road may be evaluated while preserving the scenic, historic, and other community values which help define the character of the Town of Mansfield's landscape.
These regulations are adopted in accordance with MGL c. 40, § 15C.
As used in this bylaw, the following terms shall have the meanings indicated:
The felling of a tree or displacement or destruction of a stone wall by hand or mechanical device.
Cleaning, sweeping, sanding, and plowing of the roadway and trimming of grass, weeds, or brush within the right-of-way.
The surfacing or resurfacing, in whole or in part, of the existing roadway or installation of driveways, accessways, or streets when such driveways, accessways, or streets enter onto a scenic way.
The rebuilding of roadway within the existing road layout.
Make improvements to the existing roadway surface, its shoulders, guardrails, bridges, or adjacent sanitary sewer or drainage structures.
Any street or way within the Town of Mansfield where such scenic road status has been duly voted at Town Meeting in accordance with MGL c. 40, § 15C.
Removal in whole or in part of a stone wall by hand or mechanical device.
Any deciduous or nondeciduous wood perennial plant having a trunk, branches, leaves and a caliper of 1 1/2 inches measured one foot above the ground.
A public way may be designated a scenic road following a favorable majority vote at Town Meeting.
A petition for scenic road status may come as a result of any one or a combination of the following:
Citizens' petition in accordance with the procedure set out in the Home Rule Charter, Town of Mansfield, Massachusetts, as amended.
Recommendation by the Planning Board, Conservation Commission, or Historical Commission.
A petition for scenic road status should consider the following:
The unique character of the way as a result of its natural or human-made features.
The historic significance of the way.
The cultural importance of the way as it relates to community values, identity, or historic character of the Town of Mansfield.
Once a way has been given scenic road status, any repair, maintenance, reconstruction, or paving work shall not involve or include the following without a public hearing with statutory notice and prior written consent of the Planning Board:
Cutting or removing of trees within the Town-owned right-of-way.
Tearing down or destruction of stone walls, or portions thereof, within the Town-owned right-of-way.
It shall be the responsibility of the applicant to file a written request to the Planning Board for a public hearing. In addition, the applicant shall pay the cost of advertising said hearing and a filing fee of $150.
Following the conclusion of the public hearing, the Planning Board shall issue a written decision, and if permission is granted to cut trees or remove stone walls, the Planning Board shall give its consent in writing.
The following material and information shall be submitted at the time of the request for a public hearing:
A written request for the public hearing and a filing fee of $150.
A locus drawn at a scale of one inch equals 1,000 feet.
A plan of land drawn at a scale of one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, or one inch equals 60 feet.
Said plan shall include a North point, scale, and legend.
The existing scenic way, including the entire right-of-way and full extent of paved surface, shall be shown.
Any and all proposed driveways, utilities, accessways, or streets and their intersection with the existing scenic way shall be shown.
All trees for which the applicant seeks permission to remove having a caliper of 1 1/2 inches measured one foot above the ground shall be shown.
All stone walls that are proposed to be removed or torn down, or any portion thereof, shall be shown.
Any additional information the applicant wishes to submit shall be submitted at the time of the application.
In addition, the applicant shall adequately mark the trees or stone walls to be removed to allow site inspection by the Planning Board and interested parties.
Enforcement of this bylaw shall be by the Tree Warden. Any person who fails to obtain written consent to remove trees or stone walls prior to doing so shall be fined a minimum of $50 per violation. Each tree cut or stone wall removed shall be considered a separate violation.
The provisions of this bylaw are hereby declared to be severable. Any provisions herein held to be invalid shall not affect the validity of the remaining provisions of this bylaw.