[HISTORY: Adopted by the Special Town Meeting of the Town
of Lee 10-15-1992 by Art. 9. Amendments noted where applicable.]
In the absence of a contrary meaning established through legislative
or judicial action pursuant to MGL c. 40, § 15C, the following
terms contained in that statute shall be defined as follows:
The removal of one or more trees and trimming of major branches.
Any work done within the right-of-way by any person or agency,
public or private. Included within this definition is any work on
any portion of the right-of-way which was not physically commenced
at the time the road was designated as a scenic road. Construction
of new driveways or alteration of existing ones is also included,
insofar as it takes place within the right-of-way.
A right-of-way of any way used and maintained as a public
way, including the vehicular traveled way plus necessary appurtenances
within the right-of-way, such as bridge structures, drainage systems,
retaining walls, traffic control devices and sidewalks, but not intersecting
streets or driveways. When the boundary of the right-of-way is in
issue so that a dispute arises as to whether or not certain trees
or stone walls or portions thereof are within or without the way,
the trees or stone walls shall be presumed to be within the way until
the contrary is shown.
The destruction of more than five linear feet of stone wall
involving more than one cubic foot of wall material per linear foot
above existing grade, but shall not be construed to include temporary
removal and replacement at the same location with the same materials.
Includes a tree whose trunk has a diameter of four inches
or more as measured one foot above the ground.
These regulations are intended to ensure that:
A.
Ways will be recommended for designation as scenic roads 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 other than the Planning Board.
The Planning Board, Conservation Commission or Historical Commission
shall, in determining which roads or portions of roads should be designated
as scenic roads, consider the following criteria:
A.
Ways bordered by trees of exceptional quality;
B.
Ways bordered by stone walls;
C.
Ways bordered by any other natural or man-made features of aesthetic
value;
D.
Ways for which alteration is being planned or is likely to be planned
in the future; and
E.
Ways for which any alteration would lessen the aesthetic value of
natural or man-made features bordering them.
[1]
Editor's Note: The following roads were designated scenic
roads by Art. 35 of the 1990 Annual Town Meeting: Devon Road from
Stockbridge Road to the Stockbridge Town line; and Maple Street from
Greylock Street to East Street.
Upon the designation of any road or portion of a road as a scenic
road, the Planning Board shall take the following steps within 30
days of such designation. It shall:
A.
Notify all municipal departments that may take any action with respect
to such road;
B.
Notify the State Department of Public Works;
C.
Publish in the local paper by an informal article that the road or
roads have been so designated;
D.
Indicate such designation on all maps currently in use by municipal
departments; and
E.
Notify all utility companies or other such parties which may be working
on the border of such road.
A.
Filing. Any person, organization, state or municipal agency seeking
the written consent of the Planning Board regarding the cutting or
removal of trees or the tearing down or destruction of stone walls,
or portions thereof, on a scenic road shall file a request with the
Planning Board, together with the following:
(1)
The text of a legal notice identifying the location of the proposed
action in terms enabling readers to locate it with reasonable specificity
on the ground without need for additional plats or references and
describing in reasonable detail the proposed changes to trees and
stone walls;
(2)
A statement of the purpose or purposes for the changes proposed;
(3)
A list of owners of properties located in whole or in part within
100 feet of the proposed action;
(4)
Except in the case of Town agencies, a deposit sufficient to cover
the cost of advertising and notification; and
(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 a newspaper of general
circulation in the area. This notice shall contain a statement as
to the time, date, place and purpose of the hearing, with a reasonable
description of the action proposed by the applicant. Copies of this
notice shall also be sent to the Selectmen or the City Council, the
Conservation Commission, the Historical Commission, the Municipal
Engineer, the Tree Warden, the Department of Public Works and the
owners of property within 100 feet of the proposed action.
C.
Timing of notice. The first publication of the notice shall be as
soon as feasible after the Planning Board receives the request from
the applicant and shall in all cases be at least 14 days before the
hearing. The last publication shall occur, as required by statute,
at least seven days prior to the hearing.
D.
Timing of hearing. The Planning Board shall hold a public hearing
within 30 days of the Planning Board meeting at which a properly filed
request is received. The date and time of the public hearing shall
be set outside of normal weekday hours (8:00 a.m. to 5:00 p.m., Monday
to Friday) so as to encourage maximum citizen participation.
E.
Timing of decision. The Planning Board shall make a decision on the
request within 21 days of the public hearing.
F.
Public Shade Tree Act. Whenever feasible, notice shall be given and
Planning Board hearings shall be held in conjunction with those held
by 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 the Public Shade Tree Law, MGL c. 87, 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.
Whoever violates any of the provisions of this chapter shall forfeit
and pay a fine not to exceed $300 for each offense.
B.
Each and every cutting or removal of a tree shall be deemed a separate
offense.
C.
The Planning Board, acting through its Chairperson, shall be imposed
to enforce this chapter.
D.
This chapter may be enforced by noncriminal disposition as provided
for by MGL c. 40, § 21D.
The Planning Board may adopt more detailed regulations for carrying
out provisions hereunder.
