For terms not qualified or defined in MGL c. 40, § 15C
(scenic roads), the following meanings shall apply for the purposes
of this bylaw:
ABUTTER
All property owners, including those across the street, abutting
the property where work requiring a scenic road hearing is required.
BRANCH
A living branch that is fully attached to a tree (as defined
herein) and that has a diameter of three inches or more, 12 inches
from the point at which said branch connects to the tree.
CUTTING OR REMOVAL OF TREES
The removal of one or more trees, trimming of branches (both
as defined herein) or cutting of roots sufficient in the Tree Warden's
written opinion to cause eventual destruction of the tree. This definition
does not apply to clearing nuisance growth, routine or emergency tree
maintenance that removes only permanently diseased or damaged limbs,
trunks, roots and dead whole trees or thinning crowded trees as determined
by the Tree Warden.
POSTING
The marking of a tree or stone wall along a road for the
purpose of a scenic road hearing. For trees, such marking is described
in MGL c. 87, § 3. For stone walls, a ribbon or other appropriate
flagging material shall be temporarily affixed at the limit of work
on both ends of the stone wall.
REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK
Any work done within a road (as defined herein) by any person
or agency, public or private. Construction of new driveways or widening
of existing ones is included, insofar as it takes place within the
road. Roadside clearing of trees to provide for vehicular clearance
or for improvements to the line of sight shall also be included in
this definition. The definition of "repair, maintenance, reconstruction
or paving work" shall not apply to the construction or alteration
of water, sewer, electric, telephone, cable television or other utilities
within the road unless such construction or alteration requires the
tearing down or destruction of stone walls or the cutting or removal
of trees.
ROAD
The entire legal right-of-way of a vehicular traveled right-of-way
in Norwell, including any necessary appurtenances, and including bridge
structures, drainage systems, retaining walls, traffic control devices
and sidewalks. The right-of-way includes the area on and within the
boundaries of the right-of-way and the air space above. The applicant
shall be responsible for determining the limits and width of the right-of-way
by utilizing layout plans available. If the boundaries are not officially
known, any affected tree or stone wall shall be presumed to be within
the right-of-way until shown by the proponent of the work to be otherwise.
SCENIC ROAD
A road so designated in accordance with MGL c. 40, § 15C.
STONE WALL
A man-made grouping of stones forming a straight or curved
line.
STREET RESIDENTS
The full list of all of the residents with an address on
the subject street or streets, as found in the Norwell Board of Registrars
most current edition of the Resident List of the Town of Norwell.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The destruction, removal, covering, or painting of any stone
wall, or segment thereof, within or partially within the right-of-way.
Temporary removal and replacement of a stone wall at the same location,
within a six-month period, with the same materials is permitted without
Planning Board approval, but only if the Planning Board is notified
before the work begins so that it can confirm that the wall is properly
replaced. Repair of a stone wall, not involving tearing down or destruction
of the wall, is permissible and outside the scope of this bylaw.
TREE
A living tree in its naturally standing position within or
partially within the right-of-way, the trunk of which has a diameter
of four inches or more, four feet above the ground. Nothing in this
definition shall be construed to permit a person, other than the Tree
Warden, to trim, cut down or remove a public shade tree.
TREE WARDEN
The Town of Norwell Tree Warden or his designated deputy.
In acting on filings concerning designated scenic roads, the
Planning Board shall take into consideration the following:
A. That abutters were notified.
B. Contribution of trees to scenic beauty.
C. Contribution of stone walls to scenic beauty.
D. Age and historic significance of roads, trees and stone walls.
E. Features of the road, such as surface, pavement width and bridges.
G. Compensatory actions proposed, such as stone wall and tree replacement (tree replacement per §
82-8A). The Board may approve any plan where the compensatory action is deemed to be of greater value, as defined by this section, than the proposed alteration.
H. Functional importance and urgency of repair, maintenance, reconstruction
or paving.
I. Additional evidence contributed by abutters, Town agencies and other
interested parties.
J. Existence or absence of reasonable alternatives.
K. Recreational uses of the road.
L. Other planning information, including how what is proposed relates
to the Master Plan.
If, in an aspect, any provision of this bylaw, in whole or part,
shall prove to be invalid for any reason, such invalidity shall only
affect the part of such provision found invalid. In all other aspects,
all provisions of this bylaw will remain in full force.
The following roads are designated as scenic roads under MGL
c. 40, § 15C, and this bylaw:
A. Bowker Street: Annual Town Meeting March 1976.
B. Norwell Avenue: Annual Town Meeting March 1976.
C. Jacobs Lane: Annual Town Meeting March 1980.
D. Stetson Road: Annual Town Meeting March 1980.
E. Stetson Shrine Lane: Annual Town Meeting March 1980.
F. Tiffany Road: Annual Town Meeting March 1980.
G. Central Street: Annual Town Meeting May 2005.
H. First Parish Road: Annual Town Meeting May 2005.
I. High Street: Annual Town Meeting May 2005.
J. Old Oaken Bucket Road: Annual Town Meeting May 2005.
K. Prospect Street: Annual Town Meeting May 2005.
L. River Street: Annual Town Meeting May 2005.
M. Circuit Street: Annual Town Meeting May 2006.
N. Green Street: Annual Town Meeting May 2006.
O. Lincoln Street: Annual Town Meeting May 2006.
P. Pine Street: Annual Town Meeting May 2006.
Q. Pleasant Street: Annual Town Meeting May 2006.
R. Mount Blue Street: Annual Town Meeting May 2006.
S. Wildcat Lane: Annual Town Meeting May 2006.
T. Winter Street: Annual Town Meeting May 2006.
U. Cross Street: Annual Town Meeting May 2008.
V. Forest Street: Annual Town Meeting May 2008.
W. Summer Street: Annual Town Meeting May 2008.
[Added 5-8-2017 ATM,
Art. 38]
Not less than once each calendar year, the Town shall notify
in writing each property owner of record as of the prior January 1,
whose property is located on any street designated as a scenic road,
of this bylaw's applicability to them. Failure to receive such notice,
however, shall not exempt any such property owner from the rules and
regulations hereunder.
The Planning Board, in its discretion, shall have the authority
to adopt rules and regulations consistent with this bylaw.