[HISTORY: Adopted by the Town of Lancaster 6-23-2020 ATM
by Art. 13. Amendments noted where applicable.]
In order to preserve the qualities and character of the Town of Lancaster public ways, the roads, streets and ways set forth in § 157-4 below are designated as scenic roads under the provisions of MGL c. 40, § 15C as follows:
A.
The Town of Lancaster adopts the provisions of MGL c. 40, § 15C, as amended, which provides, in part, that any repair, maintenance, reconstruction, or paving work done with respect to any road, as defined in § 157-2 of this chapter, designated as a scenic road in § 157-4 of this chapter, shall not involve or include the cutting or removal of trees, or the tearing down, destruction, or alteration of stone walls or portions of stone walls within the right-of-way of a designated scenic road, except with prior written consent of the Planning Board after a public hearing.
B.
The Planning Board shall consider, among other things, the public
safety, scenic views, preservation of historic and regional characteristics,
and preservation and enhancement of natural and aesthetic qualities
of the environment.
C.
The Planning Board shall seek to encourage environmentally sensitive
development along the Town's designated scenic roads as well as to
develop the growth of shade trees along such roads to reduce the growth
of underbrush and thereby reduce the cost of maintenance.
D.
After public notice and public hearing, the Planning Board may enact
rules to accomplish the purposes of this bylaw, effective when voted
and filed with the Town Clerk. Failure by the Planning Board to promulgate
such rules or a legal declaration of their invalidity by a court of
law shall not operate to suspend or invalidate the effect of this
bylaw.
The following definitions shall apply in the interpretation
of this bylaw:
The removal of one or more trees, trimming of major branches,
or cutting of roots sufficient in the Tree Warden's written opinion
to cause eventual destruction of a tree. However, such cutting or
removal shall not be construed to include clearing of nuisance growth,
routine or emergency tree maintenance which removes only permanently
diseased or damaged limbs, trunks or roots and dead whole trees, or
thinning out of overcrowded trees as determined by the Tree Warden,
but shall include such cutting or removal done in contemplation of,
or following the repair, maintenance, reconstruction or paving work
for a road.
Includes living trees within a public way or boundary thereof
as defined in MGL c. 87, § 1, the shade tree regulation.
Any such work done within the right-of-way by any person
or agency, public or private, including, but not necessarily limited
to, any work on any portion of any right-of-way which was not physically
commenced at the time the road was designated as a scenic road; and
the construction of any new driveway or private way or the alteration
of any existing driveway or private way insofar as such alteration
takes place within the right-of-way when such work involves the cutting
down of trees or the destruction of stone walls.
The area on and within the boundaries of the public way.
If the boundaries are unknown, any affected trees or stone walls shall
be presumed to be within the public right-of-way until shown to be
otherwise.
The entire right-of-way of a way used for vehicular travel
and appurtenant structures and facilities, including, but not limited
to, bridge structures, drainage systems, retaining walls, traffic
control devices, sidewalks, pedestrian facilities, and the air space
above them, but not intersecting streets or driveways.
Includes assemblages of stone involving at least one cubic
foot of wall material per linear foot totaling not less than 10 feet
in length.
The defacement, removal, physical covering (other than naturally
occurring plant covering), or rearrangement of a stone wall, or any
portion thereof, as defined herein for any purpose other than repair
or maintenance.
The temporary removal and replacement of a stone wall, or
any portion thereof, at the same location with the same materials.
This is permitted without Planning Board consent, but only if the
Lancaster Department of Public Works is notified before the work begins
so it can confirm that the wall is properly replaced. Restoration
to the original dimensions and location must be completed within 90
days of commencement of work.
Includes any living tree whose trunk has a diameter of four
inches or more as measured four feet from the ground. All trees so
defined within the right-of-way of a designated scenic road, or on
the boundaries thereof, shall be subject to this bylaw. If, for whatever
reason, it is uncertain as to whether a tree is within the right-of-way
of a designated scenic road, it shall be presumed to be subject to
the provisions of this bylaw and the provisions of MGL c. 40, § 15C
until the contrary is shown. Nothing in this definition shall be construed
to permit a person, other than the Tree Warden or his deputy, to trim,
cut down or remove a public shade tree.
A.
Designation of scenic roads. As provided by MGL c. 40, § 15C,
The Planning Board, the Conservation Commission, and the Historical
Commission may propose "scenic road" status for any road in Lancaster.
B.
Criteria for designation. In determining which roads or portions
thereof should be recommended for designation as scenic roads, the
following criteria shall be considered:
(1)
Maintaining the overall scenic beauty and vistas of the proposed
road;
(2)
Contribution of trees and stone walls along the road to scenic beauty;
(3)
Enhancement of the rural, agricultural, or historical qualities and
character of the Town;
(4)
Preservation of aesthetic, cultural, natural, or environmental conditions
along the road;
(5)
Age and historic significance of the roads, trees, and stone walls;
(6)
Proximity to features such as historic structures, bridges, landscapes,
and cemeteries;
(7)
Road features such as historic layout, surface materials, carriage
width, use restrictions and bridges.
C.
Public hearing. The Planning Board shall hold a public hearing on
the proposed road(s), notifying the Select Board, the Tree Warden,
the DPW Superintendent, the Conservation Commission, and the Historical
Commission. The hearing shall be advertised twice in a newspaper of
general circulation in the area; the first advertisement at least
14 days prior to the date of the hearing.
D.
Endorsement and recommendation. The board or commission proposing
the designation(s) shall prepare the warrant article for the Town
Meeting and present it along with their endorsement. The Planning
Board shall make a recommendation at the Town Meeting on the merits
of designation of the proposed road(s) as a scenic road(s).
E.
Town Meeting approval. For each road, a majority vote at the Town
Meeting is required for scenic road designation. Any work in any portion
of the right-of-way of a scenic road which has not physically commenced
at the time the road has been effectively designated shall conform
to these regulations.
[Amended 6-21-2021 ATM by Art.
10]
F.
Bylaw amendment. For each scenic road designated at Town Meeting, the name of the road shall be added in its proper place to the alphabetic list provided in § 157-4 below through amendment of this bylaw.
[Added 6-21-2021 ATM by Art. 10]
G.
Effective date of designation. Each scenic road approved at Town
Meeting shall be effectively designated once its associated bylaw
amendment has been reviewed and approved by the state Attorney General's
office, and posting or publishing requirements have been satisfied
per MGL c. 40, § 32.
[Added 6-21-2021 ATM by Art. 10]
The following Town of Lancaster roads, streets and ways have
been designated as scenic roads:
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Bolton Road
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Bolton Station Road
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Brockelman Road
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Buttonwood Lane
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Center Bridge Road
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Chace Hill Road
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Creamery Road
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Deershorn Road
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Fort Pond Road
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George Hill Road
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Goss Lane
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Harvard Road [from Packard Street to (Pine Hill Road) Seven
Bridge Road]
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Hilltop Road
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Ice House Road
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Lancaster Road
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Langen Road
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Lunenburg Road - north of Route 2
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Mill Street
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Neck Road
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Old Common Road
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Otis Street
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Old Union Turnpike
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Packard Street
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Parker Road
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Ponakin Road - from Lunenburg Road to North Main Street
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Redstone Hill Road
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Route 70 (from the southerly boundary of Lancaster, through
Lancaster, to the northerly boundary of Lancaster)
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Seven Bridges Road and a portion of Main Street designated as
Route 117 (from the easterly boundary of Lancaster to the westerly
boundary of Lancaster)
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South Meadow Road
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Shirley Road
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Sterling Road
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At the Annual Lancaster Town Meeting of May 5, 1987 (Article
58) the balance of the roads on the above list were designated scenic
roads.
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At the Annual Lancaster Town Meeting of May 1, 1989 (Article
29) sections of Seven Bridge Road (Route 117) and Main Street (Route
70) were designated scenic roads.
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A.
For tree removal. A scenic road consent is not required when the
Tree Warden acts in an emergency in accordance with MGL c. 87 to remove
dead or damaged trees or limbs of trees, which may cause obstruction
to public travel or a dangerous situation with respect to utility
lines.
B.
For stone wall removal. A scenic road consent is not required for
the temporary removal and replacement of a stone wall at the same
location with the same materials, but only if the Lancaster Department
of Public Works (DPW) Superintendent is notified before the work begins
so that it can confirm that the wall is properly replaced.
A.
The written approval of the Tree Warden and the Planning Board is required for the removal of any and all trees within the right-of-way of designated scenic roads, except as defined in § 157-2 ("cutting and removal of trees"), and noted in § 157-5 above. The Tree Warden shall determine whether an application and public hearing is required under § 157-8, Procedures, within 14 days of receipt of the application.
B.
Except as noted in § 157-5 above, the written approval of the DPW Superintendent and the Planning Board is required for the modification or removal, temporary or otherwise, of stone walls located within the right-of-way of designated scenic roads as defined in § 157-2 above. The DPW Superintendent shall determine whether an application and public hearing is required under § 157-8, Procedures, within 14 days of receipt of the application.
(1)
Where stone walls exist, the maximum amount of stone wall to be removed
is 24 feet for a driveway and six feet for a walkway;
(2)
Removed stone shall be used to repair other sections of the existing
wall along the road;
(3)
Stone wall sections to be removed for a driveway shall not exceed
the driveway width by more than three feet on each side for a total
not to exceed 24 feet; and
(4)
No wall shall be cut without construction of an appropriate terminus.
Appropriate end points are required and consist of a stone wall with
tapered ends turning back onto the lot along the drive, stone piers,
granite post, or wooden post (with or without a gate).
A.
A written application shall be filed with the Planning Board to perform activities affecting areas protected by this bylaw as described in §§ 157-1 and 157-2 above. The application shall include such information and plans as are deemed necessary by the Planning Board to describe proposed activities and their effects on the areas. No activities shall commence without receiving and complying with written consent issued pursuant to this bylaw.
B.
At the time of an application, the applicant shall pay a filing fee
as specified on the Scenic Road Consent Application.
C.
The Planning Board may waive the filing fee and costs and expenses
for an application filed by a municipal, state, or federal government
agency or entity, the Town departments, a not-for-profit conservation
organization, or a nongovernmental organization working in the interest
of the Town.
[Amended 6-21-2021 ATM by Art.
10]
D.
The Planning Board shall seek the cooperation and compliance of any
municipal, state, or federal agency or entity planning to perform
work in areas protected by this bylaw, but shall not seek to regulate
those activities in a manner that interferes with the mandated operation
of those agencies or entities.
[Added 6-21-2021 ATM by Art. 10]
E.
The Planning Director or their designee shall create and maintain an application form to request consent of the Planning Board for work proposed within scenic road areas as specified by this bylaw. The form shall be sufficiently detailed to provide the information requested in § 157-8A below.
[Added 6-21-2021 ATM by Art. 10]
F.
The Planning Department shall determine and collect a reasonable
and appropriate fee to compensate for Town services or expenses typically
required for processing the application.
[Added 6-21-2021 ATM by Art. 10]
A.
Filing requirements.
(1)
When deemed necessary by the Tree Warden, DPW Superintendent, or
Building Inspector, any person, organization, state or municipal agency
seeking the written consent of the Planning Board regarding the cutting
or removal of trees or the tearing down or destruction of stone walls,
or portions thereof on a scenic road shall file a request with the
Planning Board together with the following:
(a)
A written description and plans or drawings showing the location
and the nature of the proposed disturbance area. The location description
should enable readers to locate it with reasonable specificity on
the ground without the need for additional plans or references.
(b)
A statement explaining the purpose and need for the cutting
or removal of a tree(s) and the identification of said tree(s) or
the tearing down or destruction of stone walls, or portions thereof,
in the proposed disturbance area.
(c)
A statement outlining possible alternatives, proposed compensatory
actions, and mitigation measures, including restoration, to the proposed
cutting or removal of a tree(s) or the tearing down or destruction
of stone walls, or portions thereof.
(d)
A list of abutters certified by the Assessors' office.
(e)
Except in the case of Town agencies, a scenic road consent fee
as specified on the Board's application form, made payable to the
Town of Lancaster.
(f)
Photographs of all stone walls and trees within and adjacent
to the proposed disturbance area prior to any work.
(g)
Any other explanatory material useful to adequately inform the
Board and Tree Warden prior to the public hearing.
(2)
In the event the tree removal or stone wall destruction is related
to construction of a subdivision or development subject to site plan
review, the applicant shall submit an application under this section
concurrently with the application for subdivision or site plan approval.
(3)
Notice of submittal shall be filed with the Planning Board and a
copy of the submittal transmitted to the Tree Warden and Town Clerk
after it is accepted and signed by the Planning Board.
B.
Notification.
(1)
The Planning Board or the Tree Warden shall, as required by statute,
give notice of a public hearing by twice advertising in a newspaper
of general circulation in the area, with the first publication of
the notice to be at least 14 days prior to the hearing and the last
seven days prior to the hearing.
[Amended 6-21-2021 ATM by Art. 10]
(a)
If a hearing is held for the purpose of satisfying provisions
of the Scenic Road Act, notice shall be given by the Planning Board
as required by MGL c. 40, § 15C. Copies of the notice shall
be sent to the Select Board, Conservation Commission, Historical Commission,
and the Tree Warden.
(b)
In the event a joint hearing is held for the purposes of satisfying
provisions of both the Scenic Road Act and the Shade Tree Act, notice
shall be given by the Tree Warden as required by MGL c. 40, § 15C,
and MGL c. 87, § 3. Copies of the notice shall be sent to
the Select Board, Conservation Commission, Historical Commission,
and the Planning Board.
(2)
The Planning Board and Tree Warden may also require a sign to be
posted on the property at least 14 days prior to the public hearing.
This sign shall not exceed three square feet in size and be posted
in the location clearly visible to the public with the date, time
and location of the public hearing.
(3)
The applicant will be required to pay a local newspaper of general
circulation for the current cost of advertising the hearing. The applicant
will be billed directly from the newspaper for the cost of the advertised
hearing.
(5)
At least 14 days before the hearing, the individual seeking approval
shall give written notice, at their expense, by certified mail (postage
prepaid), or by hand delivery to the applicant and all abutters. The
mailing addresses of the abutters shall be obtained from the most
recent applicable tax list provided by the Assessor's office. Abutters
shall include owners of land directly opposite on any public or private
street or way, and abutters to the abutters within 300 feet of the
property line of the applicant, including any in another municipality
or across a body of water. The notice shall include a copy of the
advertisement as well as the date of the hearing, if known. The notice
to abutters shall include a copy of the application, or shall state
where copies may be examined or obtained by abutters.
[Added 6-21-2021 ATM by Art. 10]
C.
Considerations. The Planning Board may consider the following in
determining whether to grant a consent:
(1)
Public safety, including accident history within 500 feet of trees
and stone walls at issue.
(2)
Scenic and aesthetic characteristics of the area, quality, extent
of shade and tree canopy and compatibility with the surrounding neighborhood.
(3)
Preservation and enhancement of natural, historical, cultural and
environmental conditions.
(4)
Comments contributed by the Tree Warden, other Town boards, abutters
and other interested parties.
(5)
Other sound planning principles and considerations.
D.
Public hearing. Before the Board can decide on an application for
a scenic road consent, a public hearing must be held. The Board may
hold a joint hearing with the Tree Warden. If a joint hearing is held,
the notice of the hearing shall indicate that it is a joint hearing
of the Board and the Tree Warden.
E.
Period for action.
(1)
The Board shall hold a public hearing within 45 days from the date
the application is received by the Board unless a longer period of
time is agreed to by the applicant.
(2)
The Board shall render a decision to issue or deny a scenic road
consent no later than 45 days after the close of the public hearing.
F.
Filing a decision. Within 14 days of its vote, and prior to the end
of the forty-five-day period, the Board shall file a copy of its decision
with the Town Clerk.
A decision of the Planning Board shall be reviewable in the
Superior Court in accordance with MGL c. 249, § 4.
This bylaw shall be administered and enforced by the Planning
Board, the Building Inspector, DPW Superintendent, and the Tree Warden.
Enforcing officials may issue a citation for the violation of this
bylaw and shall take appropriate action in the name of the Town of
Lancaster to prevent, correct, restrain or abate such violations.
A.
Violators shall be subject to a fine of $150 per violation for the
first offense and $300 per violation for all subsequent offenses as
allowed by MGL c. 40, § 15C.
B.
With regard to public shade trees, violators may be fined up to $500
per violation per MGL c. 87 § 6, if the Tree Warden chooses
to follow the provisions of the public shade tree statute for notification,
public hearings, and approved actions rather than this bylaw.
[Amended 6-21-2021 ATM by Art. 10]
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit, approval or decision, which previously has
been issued.
The following general reference from the Town of Lancaster Bylaws
shall apply:
