With the exception of that portion of any public way necessary
to provide reasonable access, no person or legal entity, public or
private, shall pave or surface with asphalt, concrete, crushed stones
or similar substance that part of the public way commonly known as
the "tree belt" without obtaining written permission from the Town
Council. Such permission shall not be granted until written recommendations
from the Planning Board regarding the desirability of such paving
or surfacing have been received by the Town Council. Failure of the
Planning Board to respond within seven days of a written request from
the Town Council shall be construed as a favorable recommendation
and shall not impede the granting of permission by the Town Council.