Any repair, maintenance, construction or paving work done within the right-of-way of any road designated as a scenic road by the Town under the provisions of MGL c. 40, § 15C, shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the Planning Board after a public hearing duly advertised twice in a newspaper of general circulation in the area as to time, date, place and purpose, the last publication to occur at least seven days prior to such hearing; provided, however, that when a public hearing must be held under the provisions of that section and under MGL c. 87, § 3, prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the Tree Warden and Planning Board, and notice of such consolidated hearing shall be given to the Tree Warden or Deputy as provided in said MGL c. 87, § 3.
[Adopted 10-22-2002 (Art. VII, § 4, of the General Bylaws)]
Any violation of MGL c. 40, § 15C, as incorporated into this bylaw shall be punished by a fine of $300 per day. In case of activity done without the written consent of the Planning Board, the fine shall be levied for each day subsequent to documentation of the violation and prior to the submission of a complete application to the Planning Board. In case of noncompliance with a permit issued by the Planning Board, the fine shall be levied for each day of noncompliance.
"Scenic roads" are defined as public ways accepted by the Town as of November 25, 1986, except Routes 1A and 115. A list of these roads is available in the offices of the Town Clerk and Planning Board.