[HISTORY: Adopted by the Planning Board of the Town of Ashburnham
9-2004, as amended 9-14-2006.
Subsequent amendments noted where applicable.]
These rules and regulations are adopted by the Ashburnham Planning
Board, hereinafter called the "Board," as the permit granting authority
as provided for in MGL c. 40, § 15C (Scenic Roads Law) for
the purpose of establishing uniform rules and procedures for the regulation
of certain types of work within the public right-of-way of scenic
roads.
In the absence of contrary meaning established through legislative
or judicial action pursuant to MGL c. 40, § 15C, the following
terms shall be defined as follows:
The removal of one or more trees, trimming of major branches
or cutting of roots.
Any work done within the right-of-way by any person, organization,
or municipal agency. This shall include any work on any portion of
the right-of-way which was not physically commenced at the time the
road was designated as a scenic road pursuant to MGL c. 40, § 15C.
Construction of new driveways or alteration of existing driveways
is also included, insofar as the construction takes place within the
right-of-way.
A right-of-way of any way used and maintained as a public
way, including the vehicular traveled way in addition to necessary
appurtenances within the right-of-way such as bridge structures, drainage
systems, retaining walls, traffic control devices, and sidewalks,
but not intersecting streets or driveways. When the boundary of the
right-of-way is at issue so that a dispute arises as to its precise
location, any trees or stone walls shall be presumed to be within
the right-of way until the contrary is shown.
A native granite fieldstone undisturbed in character that
varies in shape and size with express patina from weathering.
The removal of more than one cubic foot of wall material
per linear foot above existing grade, but shall not be construed to
include temporary removal and replacement at the same location with
the same materials.
Includes a tree whose trunk has a diameter of four inches
or more as measured one foot above grade.
A.
Official application form. Any person, organization, or municipal
agency seeking a permit from the Planning Board pursuant to MGL c.
40, § 15C for the cutting or removal of trees or the tearing
down or destruction of stone walls within a public right-of-way, or
portions thereof, shall file an official Scenic Roads Application
Form.
B.
Certified abutters list. A certified list of names of all abutters,
and 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 petitioner as they appear on the most recent applicable
tax list.
C.
Location of work. A locus map of the location of the proposed work
within the right-of-way of the scenic road. A Town of Ashburnham Assessor's
Map is sufficient for this purpose.
D.
Statement of work.
(1)
A written statement which describes in reasonable detail the proposed
work within the right-of-way of the scenic road, including all proposed
changes to trees and/or stone walls as defined in these rules and
regulations.
(2)
No stones or scenic stone are to be removed from work site.
(3)
Removed stone should be aesthetically incorporated into the design
of the opening created.
E.
Number of copies. At the time of application, the applicant shall
provide 10 copies of the official Scenic Roads Application Form and
all plans, exhibits, analyses and any other information and/or attachments
with the Planning Board. The applicant shall also file one full copy
of the application with the office of the Town Clerk.
F.
Additional information. The applicant may submit additional information
that the applicant feels is relevant to properly inform the Board
about the proposed work within the right-of-way of the scenic road,
which may include site plans, legal opinions, deeds, historical data,
studies and reports. To a reasonable degree, the Board may also require
additional information in addition to that specifically required by
Massachusetts General Law or these rules and regulations.
In some cases, the Planning Board may request a site visit to
the site in which the work is proposed. The date and time for such
visit shall be satisfactory to both the Planning Board and applicant.
The Planning Board may request that any work subject to these rules
and regulations be clearly flagged or otherwise delineated prior to
the scheduled site visit.
All Planning Board fees are nonrefundable filing fees to cover
the cost of processing applications. All expenses for advertising,
publication of notices, engineering, professional planning review,
legal review, plans, inspection of construction, recording and filing
of documents required by the Planning Board or its agent shall be
the responsibility of the applicant. Administrative fees are not part
of the regulations and their content may be revised from time to time
by administrative action of the Board, without a public hearing. The
Board, at its discretion, may waive certain fees. The Fee Schedule
is available in the Land Use Office.[1]
A.
The Planning Board may transmit copies of the application, together
with such information as the Board deems appropriate, to the Tree
Warden, Highway Department, Police Department, Fire Department, Conservation
Commission, Historical Commission and Board of Selectmen for their
review and recommendation within 21 days of the filing of the application.
The Board may also transmit copies of the application to other boards
and departments as it deems appropriate. Copies of such reviews and
recommendations shall be sent to the Planning Board; provided, however,
that failure of any such board or department to make recommendations
prior to or at the public hearing shall be deemed a lack of opposition.
These rules and regulations do not preclude compliance with any other
local, state or federal laws.
B.
Scenic road applications may require engineering review. Engineer
to be specified by the Planning Board and fees to be borne by the
applicant.
A.
Hearing. A public hearing shall be held within 30 days after the date of filing of an application for work within a scenic road with the Planning Board and office of the Town Clerk. Notice of the public hearing, which shall include the size, type and location of the tree(s) and/or stone wall to be cut or removed, shall be given by publication in a newspaper of general circulation in the Town of Ashburnham once in each of two successive weeks, the last publication of said notice to occur at least seven days before the day of such hearing. Notice shall also be sent by mail, postage prepaid, to the applicant and abutters as described in § 471-3B of these rules and regulations. In all cases, notice of such public hearing shall be given by the Board. The required time limits for a public hearing may be extended by written agreement between the applicant and Board, which shall be filed in the office of the Town Clerk. The applicant shall be responsible for all expenses for hearing notice and abutter notifications.
B.
Rules of procedure for public hearings. An applicant may appear in
his own behalf or may be represented by an authorized agent or attorney.
In the absence of an appearance on behalf of an applicant, without
cause, the Board may make a decision on the basis of available information
otherwise received. The Board Chairman shall preside at all public
hearings and meetings. The Vice Chair of the Board shall preside as
Acting Chairman and perform the duties of the Chairman in his absence.
The applicant or his duly authorized representative shall present
evidence, testimony or other information in support of the application.
After the applicant's presentation, the Board may question the applicant
regarding the evidence, testimony or other information presented.
Any persons in attendance will then be given the opportunity to speak
or provide testimony. No person shall speak until recognized by the
Chairman and has provided his name and address for the record. All
written communication shall be submitted into the record if delivered
at the public hearing or postmarked or delivered to the Board prior
to the close of the public hearing. No further evidence, testimony
or information shall be presented or entered into the record after
the close of the public hearing.
C.
Public shade tree law consolidated public hearing. MGL c. 87, § 1 defines all trees within a public way or on the boundaries thereof as public shade trees. When a public hearing must be held pursuant to the provisions of MGL c. 40, § 15C and MGL c. 87, § 3 (Public Shade Tree Law) 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. Notice of the public hearing, which shall include the size, type and location of the tree(s) to be cut or removed, shall be given by publication in a newspaper of general circulation in the Town of Ashburnham once in each of two successive weeks, the last publication of said notice to occur at least seven days before the day of the public hearing. Notice shall also be sent by mail, postage prepaid, to the abutters as described in § 471-3B of these rules and regulations. In all cases, notice of such consolidated public hearing shall be given by the Tree Warden or deputy. The required time limits for a public hearing may be extended by written agreement between the applicant, Tree Warden and Board, which shall be filed in the office of the Town Clerk. The consent of the Planning Board to a proposed action pursuant to MGL c. 40, § 15C shall not be regarded as to infer consent by the Tree Warden, and the consent of the Tree Warden pursuant to MGL c. 87, § 3 (Public Shade Tree Law) is not to be regarded as to infer consent by the Planning Board. The decision of the Planning Board pursuant to MGL c. 40, § 15C (Scenic Roads Law) shall contain a condition that no work should be done until the applicant has complied with all applicable provisions of MGL c. 87 (Public Shade Tree Law).
A.
Considerations.
(1)
The decision of the Planning Board on any application for proposed
action affecting scenic roads shall be based on consideration of the
following:
(2)
A sign with the following wording "Scenic Road Permit # _____" shall
be posted at the driveway entrance prior to construction. Sign size
to be no less than 18 inches by 18 inches with contrasting background.
B.
Vote. The affirmative vote of a minimum of three members of the five-member
Board shall be required to issue a permit authorizing work within
the right-of-way of a scenic road. The record shall show the vote
of each member or indicate if absent or failing to vote. The decision
shall state clearly the specific findings for the action.
C.
Decision. The decision of the Board shall be made and filed with
the office of the Town Clerk within 30 days following the close of
the public hearing. The required time limits for a public hearing
may be extended by written agreement between the applicant and Board,
which shall be filed in the office of the Town Clerk.
D.
Notification of decision. A notice of the decision shall be mailed,
postage prepaid, to the applicant and to persons present at the public
hearing requesting such notice.
E.
Provision of security. The Board may require that a performance guarantee be posted with the Town in such form and amount as is required by the Board to secure the satisfactory completion of all or any part of the work authorized by a permit issued by the Board pursuant to these rules and regulations. The form of the performance guarantee shall be generally as required in the Town of Ashburnham Subdivision Rules and Regulations, § 475-3.28, Performance guarantee.
A.
Waiver of full compliance. Full compliance with these rules and regulations
may be waived by the Board, provided such waivers are deemed to serve
the public interest.
B.
Adoption and amendment. These rules and regulations may be adopted
and from time to time amended by majority vote of the Board. Prior
to the initial adoption of these rules and regulations and any subsequent
revisions or amendments, the Board shall hold a public hearing. Notice
of the public hearing shall be given by publication in a newspaper
of general circulation in the Town of Ashburnham once in each of two
successive weeks, the first publication being not less than 14 days
before the day of such hearing.
C.
Severability. If any section, paragraph, sentence, clause or provisions
of these rules and regulations shall be adjudged not valid, the adjudication
shall apply to the material so adjudged and the remainder of these
rules and regulations shall be deemed to remain valid and effective.
D.
Effective date. These rules and regulations become effective when
voted on affirmatively by a majority of the Board and filed with the
office of the Town Clerk.
[Voted 5-11-1974]
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Bush Hill Road
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Cashman Hill Road
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Corey Hill Road
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Cushing Street
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East Rindge Road
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Hastings Road
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Lashua Road
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Packard Hill Road
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River Styx Road
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Russell Hill Road
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Wilker Road
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Willard Road
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Young Road
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