In the absence of contrary meaning established through legislative or judicial action pursuant to MGL c. 40, § 15C, the following terms shall be construed as follows:
CUTTING OR REMOVAL OF TREES The removal of one or more trees, trimming of major branches, or cutting of roots sufficient in the Tree Warden's opinion to cause the eventual destruction of a tree with a trunk of four inches or more in diameter measured one foot from the ground.
PERSON An individual or individuals, a partnership, a corporation, a public utility, a trust, a foundation, or a governmental agency.
ROAD A vehicular traveled way plus its necessary appurtenances within the right-of-way, including bridge structures, drainage systems, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways.
TEARING DOWN OR DESTRUCTION OF STONE WALLS The destruction of a stone wall or stone walls or a portion thereof, but shall not be construed to include temporary removal and replacement at the same location with the same materials.
VIOLATION Cutting or removing a tree, or trimming of major branches or cutting of roots sufficient in the Tree Warden's opinion to cause the eventual destruction of a tree, with a trunk of diameter of four inches or more measured one foot from the ground; or tearing down or destroying a stone wall or a portion thereof, on a scenic road, including its right-of-way, without the prior written permission of the Planning Board after a public hearing.
In acting on an application under the Scenic Roads Regulations, the Planning Board may 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's Subdivision Regulations and of the Massachusetts Department of Public Works;
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. Other sound planning considerations.
Each violation of these regulations shall be punishable by a fine as may be specified in the General Bylaws of the Town, Chapter
1, Article
II, §
1-2, Planning Board Regulations (Scenic Roads). Each violation shall constitute a separate offense.