[HISTORY: Adopted by the Annual Town Meeting of the Town
of Townsend 5-8-2021 by Art. 18. Amendments noted where applicable.]
The purpose and intent of this bylaw is to protect the scenic
quality and character of designated Town roads. This bylaw is adopted
under the authority of MGL c. 40, § 15C.
The Town voted at the Annual Town Meeting of April 23, 1974,
to designate all roads of the Town of Townsend other than numbered
routes or state highways as "scenic roads."
Within the right-of-way of designated roads, the following activities
require the filing of an application with the Planning Board and written
approval of the Planning Board after a public hearing, duly advertised,
pursuant to MGL c. 40, § 15C:
A.
The tearing
down, painting or destruction of stone walls;
B.
The cutting
and/or removal of trees;
C.
Repair,
maintenance, reconstruction or any paving work done with respect to
a scenic road, including the construction of new or alteration of
existing driveways, if such work directly or indirectly affects stone
walls or trees within the right-of-way.
Whenever a public hearing is required before the Planning Board
hereunder and also before the Tree Warden pursuant to MGL c. 87, in
connection with the cutting, trimming or removal of public shade tree(s),
such hearings shall be consolidated before the Tree Warden and Planning
Board.
The filing fee for an application required under this bylaw
is $150. The Planning Board may waive or reduce such fee when the
applicant is the Town of Townsend, when the project is pursued on
behalf of or is otherwise at the request of the Town of Townsend,
or when the project directly benefits the Town.
A violation of this bylaw shall be punished by a fine of $175
per violation for the first offense, $200 per violation for the second
offense and $300 per violation for the third and each subsequent offense,
pursuant to and in accordance with MGL c. 40, § 15C.
This bylaw shall be administered by the Planning Board, the
Building Inspector, the Tree Warden or other(s) as may be designated
by the Planning Board from time to time.
