[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as Art. 7.12 of the 2013 Bylaws; amended in its entirety 11-12-2013 STM by Art. 14. Subsequent amendments
noted where applicable.]
The purpose of this bylaw is to increase environmental protection,
maintain aesthetic qualities, and preserve the historical values of
designated roads in the Town. The bylaw regulates certain roadway
repair, maintenance and reconstruction activities in order to help
achieve these objectives.
In the absence of contrary meanings 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 destruction of one or more trees having a trunk diameter
of four inches or more measured four feet from the ground, trimming
of major branches or trimming of roots sufficient, in the Tree Warden's
opinion, to cause eventual destruction of a tree. Not included in
this definition is routine or emergency maintenance which removes
only permanently diseased or damaged limbs, trunks, or roots, and
dead whole trees.
Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alteration of
existing ones is included to the extent such work takes place within
the right-of-way. Roadside clearing of trees to provide for vehicle
clearance or for improvement to line-of-sight shall also be included
in this definition. Construction or alteration of water, sewer, electric,
telephone, cable TV or other utilities within the right-of-way is
also included.
The right-of-way of any way used and maintained as public
way, including the vehicular traveled way, plus shoulders, the portion
of intersecting driveways within the right-of-way, and necessary appurtenances
within the right-of-way such as bridge structures, drainage systems,
retaining walls, and paths. When the boundary of the right-of-way
is in issue so that there is a question 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.
An assembled grouping of stones comprising at least one cubic
foot of stone per linear foot and totaling five or more feet in length.
The removal or covering with earth of more than two linear
feet of stone wall. Temporary removal and replacement with the same
materials at the same location within 30 days shall not be construed
to be within this definition.
A perennial woody plant whose trunk has a diameter of four
inches or more as measured four feet above the ground.
A.
Process.
(1)
Any person or group of persons may submit an application to the Town
Administrator to request that a public road be designated as a scenic
road. Such application shall be accompanied by a written description
of the characteristics of the road that qualify it for protection
afforded by this bylaw.
(2)
The Town Administrator shall refer all such applications to the Planning
Board, the Conservation Commission and the Historical Commission within
15 days of the date of receipt of the application.
(3)
Within 45 days of receipt of an application thereunder, the Planning
Board, the Conservation Commission and the Historical Commission may
make a recommendation to the Select Board or request in writing that
the road described in the application be designated a scenic road.
Upon recommendation, the Select Board shall include a warrant article
for the next Town Meeting.
[Amended 11-21-2022 STM by Art. 2]
(4)
Designation is by majority vote of Town Meeting.
B.
Findings. In considering whether to recommend a road as a scenic
road to the Town Meeting, the Board shall consider the following factors:
(1)
Historic significance of affected trees and stone walls.
(2)
Contribution of trees and stone walls to scenic beauty.
(3)
Exceptional qualities of trees in terms of age, spread, species or
specimen size.
(4)
Protection of natural resources as well as the scenic and aesthetic
quality of the area, including scenic views.
(5)
Bordering land uses, present and prospective, and how they impact
the importance of retaining trees and walls.
(6)
Feasibility of accomplishing the intent of the Scenic Roads Act in
light of road design and use.
C.
Nonqualifying roads. Numbered routes and state highways may not be
designated scenic roads.
A.
Scenic road work permit. The Planning Board shall issue a scenic
road work permit in accordance with the following review procedures.
The Planning Board shall advertise, notify abutters and hold a public
hearing on all work permit applications filed hereunder, in accordance
with the notice requirements of MGL c. 40A, § 11.
B.
Activities requiring approval. Within a public road layout which
has been designated a scenic road, the following activities shall
require approval of the Planning Board in accordance with the provisions
of this bylaw: the cutting or removal of trees and/or the tearing
down or destruction of stone walls or portions thereof, in connection
with repair, maintenance, reconstruction, paving or other work within
the layout of a public road.
C.
Imminent threats to public safety. In cases where an imminent threat
to public safety newly arises and does not allow sufficient time to
obtain advance approval of the Planning Board as required by this
bylaw, the Planning Board must be notified within five business days
of any action taken which, had such a threat not arisen, would have
been a violation of this bylaw.
D.
Application content:
(1)
A notice identifying the location of the proposed activity which
enables readers to reasonably locate it on the ground, without need
for additional references, describing the proposed changes to tree(s)
and/or stone wall(s).
(2)
A certified abutters list prepared by the Wrentham Assessor's Office,
including owners of land which is both abutting and within 300 feet
of the affected scenic road location.
(3)
A plan, describing the proposed activity and mitigation measures,
including protection, restoration and any compensatory efforts.
(4)
A certificate by the petitioner attesting to the marking of all trees
and walls to be affected, sufficient to enable the Board and all interested
parties to identify those trees and walls.
(5)
Photographs of all stone walls and trees within the proposed work
area.
(6)
Application form.
E.
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 Chapter 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 Chapter 87, have been
complied with.
F.
Fees. Actual advertising costs and abutter notification mailings
for a scenic roads work permit shall be borne by the petitioner and
shall be billed directly to the petitioner. A scenic roads work permit
fee shall be established by the Planning Board to cover the Town's
administrative costs.
G.
Compensatory actions.
(1)
Since the purpose of this bylaw is to protect the scenic quality
and character of designated scenic roads, the Planning Board shall
approve the proposed work only upon finding that adequate compensatory
actions have been included in the applicant's proposed plan. The Planning
Board shall consider the value of compensatory actions, such as the
planting of new replacement trees or the reconstruction of stone walls,
in making its decision. Reasonable measures should be taken in road
widening and traffic safety projects on scenic roads so as to minimize
tree removal and destruction of any portion of a stone wall. All feasible
measures should be employed in the construction to minimize the removal
of trees, stone walls and the grade of adjacent lands.
(2)
Limited review standards.
(a)
Replacement trees.
[1]
Trees destroyed shall be replaced with nursery-grade trees on
the following basis:
[Amended 11-10-2014 STM
by Art. 13]
|
Tree Removed
|
Replacement
|
|---|---|
|
Up to 12 inches dbh caliper
|
2 trees minimum, 2-inch caliper
|
|
12 inches to 24 inches dbh caliper
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6 trees minimum, 2-inch caliper
|
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Over 24 inches dbh caliper
|
8 trees minimum, 2-inch caliper
|
[2]
The Planning Board shall approve the final specimen and replanting
location selected with a preference for replacement tree(s) planted
within the outer edge of the right-of-way.
[3]
The preference is for replacement tree(s) to be planted in the
vicinity of the original tree removal location; however, in the event
compensatory planting is not feasible or desirable near the project
site, the Planning Board, upon recommendation from the Tree Warden,
may authorize compensatory planting in alternate locations based on
the following preference:
[a]
First: Compensatory tree planting will occur within
the outer edge of the right-of-way of the same scenic road, in close
proximity to the proposed location of tree removal.
[b]
Second: Compensatory tree planting will occur in
suitable location(s) on same scenic road as proposed tree removal
location.
[c]
Third: Compensatory tree planting will occur on
another scenic road in Wrentham.
[d]
Fourth: Compensatory tree planting will occur in
another location in Town.
(b)
Stone walls shall be replaced so as to reconnect with undisturbed
walls, wherever physically possible.
H.
General. The Planning Board, after a public hearing consistent with
the provisions of this chapter of the Town Bylaws, may adopt additional
regulations for carrying out provisions hereof.
The Planning Board and the Tree Warden shall have the authority
to enforce the provisions of this bylaw, as applicable.
A.
Any violation of this bylaw, whether for the tearing down or destruction of stone walls or the cutting or removal of trees, shall result in a fine levied against the offending property owner, in the amount specified in Chapter 283, Fees, Fines and Charges, § 283-2. Each day, or portion thereof, that a violation of this bylaw continues shall be deemed a separate offense.
[Amended 6-8-2015 ATM
by Art. 34]
B.
In addition to the foregoing remedies, the Town of Wrentham, acting
by and through its Planning Board, and with the approval of the Select
Board, shall have all other legal and equitable remedies which may
exist, including without limitation the right to seek injunctive relief.
[Amended 11-21-2022 STM by Art. 2]
C.
In addition and as an alternative method of enforcement, the Town
of Wrentham may in its discretion enforce the provisions of this bylaw
in the manner provided in MGL c. 40, § 21D.
The following are designated as scenic roads as provided for
in MGL c. 40, § 15C. The entire length of each road is protected
under this bylaw, unless more specific limits are defined.
|
Arnold Street
|
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Beach Street
|
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Bennett Street
|
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Berry Street
|
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Burnt Swamp Road
|
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Cherry Street
|
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Chestnut Street
|
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Ellery Street
|
|
Everett Street
|
|
Jenks Street
|
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Hancock Street
|
|
Madison Street (from Stoney Brook Lane to Route 1)
|
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Myrtle Street
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North Street
|
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Otis Street
|
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Ray Road
|
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Spring Street
|
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Summer Street
|
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Taunton Street (from Senior Center to Town line)
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Vine Street
|
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Wampum Street
|
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West Street (from Spring Street to the Bellingham town line)
|
|
Williams Street
|
[Amended 11-21-2022 STM by Art. 2]
The applicant may appeal the decision of the permit granting
authority to the Select Board within 30 days of the filing of the
decision with the Town Clerk. The Select Board shall hear the appeal
within 60 days of receipt of a notice of appeal. The appeal shall
be submitted to the Select Board by certified letter in which the
reasons for the appeal are itemized.
