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:
CUTTING OR REMOVAL OF TREES
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.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK
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.
ROAD
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.
STONE WALL
An assembled grouping of stones comprising at least one cubic
foot of stone per linear foot and totaling five or more feet in length.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
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.
TREE
A perennial woody plant whose trunk has a diameter of four
inches or more as measured four feet above the ground.
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
|
Beach Street
|
Bennett Street
|
Berry Street
|
Burnt Swamp Road
|
Cherry Street
|
Chestnut Street
|
Ellery Street
|
Everett Street
|
Jenks Street
|
Hancock Street
|
Madison Street (from Stoney Brook Lane to Route 1)
|
Myrtle Street
|
North Street
|
Otis Street
|
Ray Road
|
Spring Street
|
Summer Street
|
Taunton Street (from Senior Center to Town line)
|
Vine Street
|
Wampum Street
|
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.