[Added 4-22-1991; amended 4-14-1994]
"Upon recommendation or request of the Planning Board, Conservation
Commission, or Historical Commission of any city or town, such city
or town may designate any road in said city or town other than a numbered
route or state highway, as a scenic road.
After a road has been designated as a scenic road, any repair,
maintenance, reconstruction, or paving work done with respect thereto
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 prior written consent of the Planning Board, or if there is no
planning board, the Select Board of a town, or the city council of
a city, 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 this section and under section three of Chapter eighty-seven
prior to the cutting or removal of a tree, such hearings shall be
consolidated into a single public hearing before the Tree Warden and
the Planning Board, or if there is no planning board, the Select Board
of a town, or the city council of a city, and notice of such consolidated
public hearing shall be given by the Tree Warden or his deputy as
provided in said section three of Chapter eighty-seven.
Designation of a road as a scenic road shall not affect the
eligibility of a city or town to receive construction or reconstruction
aid for such road pursuant to the provisions of Chapter ninety."
The Sherborn Planning Board has adopted these regulations with
the following objectives:
A.
To maintain the natural beauty that currently exists along scenic
roads in Sherborn.
B.
To maintain and enhance the rural character of the Town and encourage
compatibility with existing roadside features.
C.
To implement more fully the provisions of the Scenic Road Act, with
acknowledgement that the roads serve a transportation function for
pedestrians, equestrians and nonmotorized as well as motorized vehicles.
Designated as scenic roads at the Annual Town Meeting held on
March 11, 1974, except as noted:
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Apple Street
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Goulding Street East*
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Maple Street
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Snow Street
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Ash Lane
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Goulding Street West
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Mill Street
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South Street
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Brush Hill Road
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Green Lane
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Nason Hill Road
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Western Avenue
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Cross Street
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Greenwood Street
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Perry Street
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Whitney Street
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Curve Street
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Hollis Street
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Pleasant Street
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Woodland Street
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Farm Road
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Hunting Lane
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Prospect Street
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Forest Street
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Lake Street
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Rockwood Street
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*
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Designated at Town Meeting held on April 24, 2001.
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A.
The Planning Board, the Select Board, the Conservation Commission,
the Historical Commission, or by petition of citizens of the Town
(consistent with petition requirements to place an article on the
warrant) may propose "scenic road" status for any road in Sherborn
other than a numbered route or state highway. The Planning Board shall
hold a public hearing on the petition, notifying the Select Board,
the Tree Warden, the DPW Director, the Conservation Commission, and
the Historical Commission, and advertising twice in a newspaper of
general circulation, the first advertisement at least 14 days prior
to the date of the public hearing.
B.
The Planning Board shall make a recommendation to the Town Meeting
on the merits of designation of the proposed road as a scenic road.
C.
A majority vote of Town Meeting is required for designation. Such
designation shall be effective as of the date of Town Meeting action.
Any work on any portion of the right-of-way of a scenic road which
was not physically commenced at the time the road was designated as
a scenic road shall conform to these regulations.
In the absence of contrary meaning established through legislation
or judicial action pursuant to MGL c. 40, § 15C, these terms
contained in that statute shall be construed as follows:
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, repair, maintenance, reconstruction or paving work for
a road.
Shall mean any such work done within the right-of-way by
any person or agency, public or private. Construction of new driveways
or alterations of existing ones is also included to the extent such
work takes place within the right-of-way. Except as allowed in the
preceding definition, roadside cutting for clearance for vehicles
or for improvement of line-of-sight shall also be included within
this definition.
Shall mean a vehicular traveled way, plus its necessary appurtenances
within the right-of-way, including bridge structures, drainage systems,
retaining walls, traffic control devices, pedestrian facilities, and
the air space above them, but not intersecting streets or driveways.
Shall not be construed to include assemblages of stone involving
less than one cubic foot of wall material per linear foot nor totaling
less than five feet in length. All stone walls within the entire right-of-way
of a scenic road or on the boundaries thereof shall be subject to
these regulations; if, for whatever reason, it is uncertain whether
the stone wall is within such right-of-way of the scenic road, it
shall be taken to be within the coverage of these Rules and Regulations
until the contrary is shown.
Shall not be construed to include temporary removal and replacement
within a reasonable period of time, not to exceed six months, at the
same location with the same materials according to the original character.
Shall mean any trees (not bushes) having a trunk diameter
of one and one-half inches or larger at one foot above the ground.
All trees within the right-of-way of a scenic road or on the boundaries
thereof shall be subject to these regulations; if, for whatever reason,
it is uncertain whether the tree is within the right-of-way of the
scenic road, it shall be taken to be within the coverage of these
Rules and Regulations until the contrary is shown.
The Planning Board authority and jurisdiction shall be consistent
with MGL c. 40, § 15C. These Rules and Regulations shall
be controlling and may be amended from time to time.
A.
Curb cuts. The driveway standards shall be consistent with the regulation
for curb cuts contained in the Planning Board Subdivision Regulation
§ 380-2.13F.
B.
Stone wall removal limitations. Where stone walls exist, the maximum
amount of stone wall to be removed shall be the width of the driveway
or new road at the location of the stone wall, plus three feet on
each side.
(1)
Unless otherwise waived, removed stone shall be used to repair
other sections of the wall along the road.
(2)
No wall shall be cut without construction of an appropriate
terminus. Appropriate end points are shown in the Appendix, Figures
1 and 2,[1] and consist of stone piers, granite posts, stone walls
with tapered ends turning back onto the lot along the drive, or wooden
posts with or without a gate.
[1]
Editor's Note: Figures 1 and 2 are included in Attachment
2 to this chapter.
C.
Tree removal limitations. No tree with a trunk exceeding eight inches
in diameter four and one-half feet above ground level shall be cut
for a driveway or new road unless the curb cut cannot be safely located
otherwise. Unless otherwise waived, whenever trees are removed, trees
in a species and location suitable to the Planning Board and the Tree
Warden shall be planted.
A.
Filing instructions. Any person or organization seeking consent of the Planning Board under MGL c. 40, § 15C (the Scenic Road Act), regarding the cutting or removal of trees or the tearing down or destruction of stone walls, or portions thereof, in connection with the repair, maintenance, reconstruction or paving work (as defined in § 380-3.5) on scenic roads shall submit a request to the Planning Board, together with the following:
(1)
A plan showing the location and the nature of the proposed action
and a description of the proposed changes to trees and stone walls;
(2)
A statement of the purpose(s) for the change;
(3)
A list of owners of property located in whole or in part within
500 feet of the proposed action;
(4)
Except in the case of town agencies, a filing fee of $25 shall
be paid; and
(5)
Any further explanatory material useful to adequately inform
the Planning Board prior to the public hearing.
(6)
Notice
of submittal shall be filed with the Town Clerk and a copy of the
submittal transmitted to the Tree Warden after it is accepted and
signed for by the Planning Board or its staff.
B.
Tree Warden. Planning Board hearings shall be held in conjunction
with those held by the Tree Warden acting under MGL c. 87. Consent
to an action by the Planning Board shall not be construed as inferring
consent by the Tree Warden or the reverse, nor shall execution of
these rules and regulations in any way lessen the Tree Warden's duties
under MGL c. 87.
C.
Notice.
(1)
The Planning Board shall, as required by statute, give notice
of its public hearing by advertising twice in a newspaper of general
circulation in the area, the last publication at least seven days
prior to the public hearing.
(2)
This notice shall contain a statement as to the time, date,
place, and purpose of the hearing with a description of the action
proposed by the applicant. Copies of this notice shall be sent to
the applicant, the Select Board, the Tree Warden, the DPW Director,
the Conservation Commission, the Historical Commission, and the owners
of property located within 500 feet of the proposed action.
(3)
In the event that the Planning Board holds a joint hearing with
the Tree Warden acting under MGL c. 87, the advertisement shall be
made by the Tree Warden.
D.
Timing. The Planning Board shall hold a public hearing as soon as
practical but in no event later than 45 days from the date on which
notice of submittal is received by the Town Clerk unless a longer
time is agreed to by the applicant.
E.
Decision.
(1)
The Planning Board shall make a decision as soon as practical
but in no event later than 15 days from the hearing unless a longer
time is agreed to by the applicant.
(2)
In rendering its decision, the Planning Board shall consider the application based on compliance with the "Scenic Road Act" and the considerations listed in § 380-3.9.
(3)
The Planning Board may require sufficient bond to be posted
to cover the costs of required work within the road right-of-way and
to protect existing vegetation and stone walls. Such bonding shall
be specified in the Board's decision.
(4)
The decision of the Planning Board shall be filed within 15
days of the close of the public hearing with the Town Clerk unless
a longer time is agreed to by the applicant; copies of which shall
be sent to the applicant, the Select Board, the Tree Warden, the DPW
Director, the Conservation Commission, the Historical Commission,
and those persons who have requested a copy of the decision.
(5)
The approval by the Planning Board under these regulations of
a proposed action shall be valid for two years, after which it shall
be void.
In acting in regard to a scenic road request, the Planning Board
shall consider the following:
A.
Scenic and aesthetic characteristics;
B.
Public safety;
C.
Accident history within 500 feet of tree(s) and stone walls at issue;
D.
Location and setback of telephone poles in relation to the pavement,
trees and stone walls (in no case shall a tree be removed for safety
purposes which is as far as or further from the center of the paved
right-of-way than a utility pole within 500 feet thereof);
E.
Traffic volume, congestion and posted speed limit;
F.
Preservation of natural resources;
G.
Environmental and historical values;
H.
Recreational uses of road, taking into account the nature and extent;
J.
Compensatory actions proposed, such as replacement of trees or walls;
K.
Financial and other consequences of design revision to avoid or reduce
damage to trees or stone walls;
L.
Evidence contributed by abutters, town agencies, and other interested
parties; and
M.
Other sound planning principles.
A.
Remedy for failure to file. Failure to file with the Planning Board
for permission to cut or remove trees or for destruction of any portion
of a stone wall within the layout of the scenic road will require
an immediate filing as detailed above and shall be subject to restoration
of the features. Unless waived, this restoration shall consist of
replacing the stone wall on a square-foot-per-square-foot basis as
necessary and replacing the trees cut on a diameter-inch-per-diameter-inch
basis at locations specified by the Planning Board and the Tree Warden.
A "diameter-inch-per-diameter-inch" replacement means that the combined
diameter of the replacement trees measured one foot above ground level
for trees up to eight inches in diameter and four and one-half feet
above ground level for trees in excess of eight inches' diameter must
equal the total diameter of the original tree trunks.
B.
Compliance. Failure to comply with the duly issued decision of the
Planning Board shall be subject to restoration as detailed above and
other remedial measures the Planning Board deems necessary, including,
but not limited to, the enforcement of the bonding and restoration
as detailed above.
C.
Authority. The Planning Board and the Tree Warden shall have the
authority to enforce the provisions of these Regulations.
