[Adopted 1996 ATM by Art. 33; amended 2005 ATM by Art. 22; 4-27-2015 ATM by Art. 18 (Art. 73 of
the General Bylaws)]
The purpose of this bylaw is to ensure that streets and roads
which have been designated as scenic roads are not altered, repaired,
reconstructed, or paved in such a manner as to involve or include
the cutting or removal of trees, or the tearing down or destruction
of stone walls, except with the prior written consent of the Planning
Board, and to establish proper procedures, standards and conditions
for obtaining approval from the Planning Board and, when appropriate,
the Tree Warden.
This bylaw is enacted pursuant to authority vested in the Town
by MGL c. 40, §§ 21 and 15C, and c. 87, § 2.
The following streets and roads have been designated by the
Town as scenic roads pursuant to MGL c. 40, § 15C (listed
by name and date of designation):
|
Acorn Street (1976)
|
|
Bow Street (1977)
|
|
Canal Street (1976)
|
|
Canoe Tree Street (1977)
|
|
Church Street (1974)
|
|
Cornhill Lane (1977)
|
|
Cross Street (1997)
|
|
Dog Lane (1977)
|
|
Elm Street (1997)
|
|
Ferry Street (1974)
|
|
Forest Street (1976)
|
|
Highland Street (1974)
|
|
Marginal Street (1977)
|
|
Maryland Street (1997)
|
|
New Street (1977)
|
|
Old Main Street (1976)
|
|
Old Main Street Extension (1976)
|
|
Old Mount Skirgo (1977)
|
|
Old Ocean Street (1996)
|
|
Old Plain Street (1976)
|
|
Parsonage Street (1974)
|
|
Pine Street (1974)
|
|
Pleasant Street (1976)
|
|
Prospect Street (1977)
|
|
Pudding Hill Lane (1976)
|
|
School Street (1974)
|
|
South River Street (1974)
|
|
Spring Street (1974)
|
|
Summer Street (1974)
|
|
Union Street (1974)
|
|
Webster Street (1976)
|
|
Willow Street (1977)
|
|
Winslow Cemetery Road (1974)
|
|
Winslow Street (1976)
|
[Amended 10-18-2021 STM by Art. 32]
The Planning Board, the Select Board, the Conservation Commission,
or the Historical Commission, or by petition of citizens of the Town
(consistent with petition requirements to place an article on the
warrant), may propose that a street or way in the Town be designated
as a scenic road within the meaning of MGL c. 40, § 15C,
other than a street or way with a numbered route or that which is
considered to be a state highway.
A.
In order to be eligible for such a designation, streets or ways must
also meet the following minimum criteria:
B.
The Planning Board shall hold a public hearing on the petition, after
notifying the Select Board, the Tree Warden, the DPW Superintendent,
the Conservation Commission and the Historical Commission of the time,
date, place and purpose of the hearing, and advertising the time,
date, place and purpose of the hearing twice in a newspaper of general
circulation in the area, the first advertisement at least 14 days
prior to the date of the public hearing and the last publication to
occur at least seven days prior to such hearing.
C.
Based on the information presented at the public hearing, the Planning
Board shall make a recommendation to the Town Meeting on the merits
of designation of the proposed road as a scenic way. A majority vote
of Town Meeting is required for designation. Such designation shall
be effective as of the date of Town Meeting action.
In the absence of contrary meaning established through legislation
or judicial action pursuant to MGL c. 40, § 15C, these terms
contained in that statute shall be construed as follows:
Shall not be construed to include routine or emergency tree
maintenance which removes only permanently diseased or damaged limbs,
trunks or roots or whole trees as determined by the Tree Warden, or
sound limbs, trunks or roots of a tree with a diameter six inches
or larger measured one foot above ground level, that hinder a public
way as determined by the Tree Warden.
Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alterations of
existing ones is also included to the extent that such work takes
place within the right-of-way.
The entire right-of-way including, but not limited to, a
vehicular traveled way, plus its necessary appurtenances within the
right-of-way, including bridge structures, drainage systems, retaining
walls, traffic control devices, pedestrian facilities and the air
space above them, 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 are within the right-of-way,
the boundary shall be determined in accordance with MGL c. 86.
Shall not be construed to include assemblages of stone involving
less than one cubic foot of wall material per linear foot (above the
existing grade) nor totaling less than five feet in length.
Shall not be construed to include temporary removal and replacement
within 30 days at the same location with the same materials.
Any woody plants with a trunk two inches or greater diameter
providing visual or noise screen or aesthetic value or having a trunk
diameter with a diameter of six inches or larger, one foot above the
ground.
A scenic road application shall conform to the following design
standards:
A.
Where stone walls exist, the maximum amount of stone wall to be removed
shall be limited to a maximum of 24 feet width.
B.
No tree with a trunk exceeding eight inches in diameter four feet
above the ground level shall be cut for a driveway unless the curb
cut cannot be safely located otherwise; clusters of trees located
within six feet of each other with individual trunks of six inches
in diameter, one foot above ground level, shall not be cut for a driveway
unless the curb cut cannot be safely located otherwise.
C.
For each tree exceeding six inches in diameter, one foot above ground
level, removed, a tree in a species and location suitable to the Planning
Board and Tree Warden shall be planted or the amount for the planting
of a tree shall be donated to the Tree Fund to be used at the discretion
of the Tree Warden.
Any person or organization seeking consent of the Planning Board
under MGL c. 40, § 15C (the Scenic Road Act), regarding
the cutting or removal of trees or the tearing down or destruction
of stone walls, or portions thereof, in connection with the repair,
maintenance, reconstruction or paving work on scenic roads, shall
submit a written request to the Planning Board by filing such request
with the Town Clerk, with a copy to the Tree Warden, together with
the following:
A.
A completed application form.
B.
A plan showing the location and the nature of the proposed action
and a description of the proposed changes to trees and stone walls.
Two copies of the plan showing the proposed changes are required.
C.
A statement of the purpose(s) for the changes.
D.
Notice of the public hearing, which shall include the size, type
and location of the trees(s) and/or stone wall to be cut or removed
shall be given by publication in a newspaper of general circulation
in the Town of Marshfield once in each of two successive weeks, the
last publication of said notice to occur at least seven days before
the day of the hearing.
E.
Any tree(s) proposed to be removed shall be flagged (with red tape)
a minimum of 14 days before the day of the hearing.
F.
Portions of any stone wall to be removed shall be staked and flagged
(with red tape) a minimum of 14 days before the day of the hearing.
G.
Except in the case of Town agencies, a filing fee of $200 shall be
paid.
H.
Photograph(s) of the existing site showing the area to be affected
by work on the scenic road in question. All photographs must be signed
and dated by the applicant.
I.
Any further explanatory material useful to adequately inform the
Tree Warden and/or Planning Board prior to the public hearing.
[Amended 4-24-2017 ATM
by Art. 10]
The Planning Board and Tree Warden shall hold a joint public
hearing within 45 days from the date on which notice of submittal
is received by the Town Clerk. The decision of the Planning Board
shall be filed within 14 days of the close of the public hearing with
the Town Clerk. Copies of the decision shall also be sent to the applicant,
the Tree Warden, the Building Commissioner, the Conservation Commission,
the Historical Commission and those persons who have requested a copy
of the decision.
In acting in regard to a scenic road, the Planning Board and
Tree Warden shall consider the following:
A.
Preservation of scenic and aesthetic characteristics;
B.
Preservation of natural resources and environmental and historical
values;
C.
Public safety, traffic volume and congestion;
D.
Compensatory actions proposed, such as replacement of trees or walls;
E.
Financial and other consequences of design revision to avoid or reduce
damage to trees or stone walls;
F.
Other site-specific factors.
Any person violating the provisions of the second paragraph
of the Massachusetts Scenic Roads Act (MGL c. 40, § 15C)
shall be punished by a fine of $300 per day. For the purpose of this
section, fines may be assessed by the Zoning Enforcement Officer and/or
a police officer of the Town of Marshfield. Each day during which
such a person continues to be in violation of the provisions of said
Act shall be considered to be a separate violation for the purpose
of the assessment of fines under this bylaw. Violations of the bylaw
may be handled by noncriminal disposition in accordance with MGL c,
40, § 21D.
