[HISTORY: Adopted by the Town Meeting of the Town of Sudbury 4-6-2005 by Art. 37 as Art. VIII(B) of
the General Bylaws. Amendments noted where applicable.]
A.
Purpose.
The purpose of this Bylaw is to protect the scenic quality and
character of Town roads designated as scenic roads by establishing
rules and regulations governing local administration of the Scenic
Road Act, MGL c. 40, § 15C. The local authority and jurisdiction
of the Planning Board, herein, shall be consistent with the Scenic
Road Act. The Scenic Road Act governs the cutting or removal of trees
or the tearing down or destruction of stone walls during the repair,
maintenance, reconstruction, paving, or other alteration of roads
that have been designated as a scenic road by the Town. The Town has
adopted these regulations with the following objectives:
(1)
To maintain the natural beauty and scenic qualities along scenic
roads in the Town of Sudbury.
(2)
To enhance the rural character of scenic roads of the Town and encourage
compatibility with existing roadside features.
(3)
To implement more fully the provisions of the Scenic Road Act, MGL
c. 40, § 15C.
B.
Procedure to designate a road as a scenic road.
(1)
The Planning Board, the Conservation Commission, the Historical Commission,
or the citizens of the Town of Sudbury by petition (consistent with
petition requirements to place an article on the warrant) may propose
"scenic road" status for any road in the Town of Sudbury, other than
a numbered route or state highway.
(2)
The Planning Board shall hold a public hearing on the proposal or
petition, notifying the Select Board, the Tree Warden, Director of
Public Works, the Conservation Commission, the Historical Commission
and the Historic District Commission and shall advertise the hearing
twice in a newspaper of general circulation; the first advertisement
at least 14 days prior to the date of the public hearing. The Planning
Board shall make a recommendation to Town Meeting on the merits of
the proposed road as a scenic road. No road shall be designated a
scenic road by Town Meeting unless such designation is favorably recommended
by the Planning Board, Conservation Commission, or Historical Commission.
(3)
A majority vote of Town Meeting is required for designation of a
road as a scenic road. 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 by Town Meeting as a scenic road shall conform
to these regulations.
C.
Roads subject to the provisions of the Scenic Road Act.
(1)
The following roads were designated at Scenic Roads at the 2003 Annual
Town Meeting:
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Brimstone Lane
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Bowditch Road
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Candy Hill Road
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Clark Road
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Concord Road
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Dakin Road
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Dudley Road
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Dutton Road
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French Road
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Goodman's Hill Road
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Goodnow Road
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Haynes Road
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King Philip Road
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Lincoln Road
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Marlboro Road
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Morse Road
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Mossman Road
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Newbridge Road
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Old County Road
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Old Framingham Road
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Old Garrison Road
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Old Lancaster Road
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Pantry Road
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Peakham Road
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Plympton Road
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Powers Road
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Rice Road
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Water Row
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Wayside Inn Road
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Weir Hill Road
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Willis Road
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Woodside Road
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(2)
In determining which roads or portions of roads should be recommended
to Town Meeting for designation as scenic roads, the following criteria
should be considered:
(a)
The road appears on the 1830 or 1875 maps of the Town of Sudbury;
(b)
Overall scenic beauty and view from the roadside;
(c)
Contribution of stone walls to scenic beauty;
(d)
Age and historical significance of roads, trees and stone walls;
(e)
Built features such as historic buildings, structures and sites,
historic monuments, historic burial grounds, agricultural buildings
and fencing;
(f)
Location in an historic district, or use restrictions on properties
in the area; and
(g)
Road features such as historic layout, surface, carriage width,
and nonhistoric bridges.
In the absence of contrary meaning established through legislative
or judicial action pursuant to MGL c. 40, § 15C, these terms
contained in that statute and herein shall be construed as follows:
The destruction of one or more trees having a trunk diameter
of four inches or more measured one foot from the ground, trimming
of major branches or trimming of roots sufficient in the Tree Warden's
opinion to cause eventual destruction of a tree. Not included in this
definition is the routine or emergency maintenance which removes only
permanently diseased or damaged limbs, trunks, or roots, and dead
whole trees.
Any 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 included to the extent such work takes place within
the right-of-way. Roadside clearing of trees to provide for vehicle
clearance or for improvement to line-of-sight shall also be included
in this definition. Construction or alteration of water, sewer, electric,
telephone, cable TV or other utilities within the right-of-way is
also included.
The entire right-of-way of a vehicular traveled way plus
its necessary appurtenances, including bridge structures, drainage
systems, retaining walls, traffic control devices, and sidewalks,
but not intersecting streets or driveways. The right-of-way includes
the area on and within the boundaries of the public way. If the boundaries
are not officially known, any affected tree or stone wall shall be
presumed to be within the public right-of-way until shown otherwise.
The temporary or permanent destruction of more than 10 linear feet of stone wall involving more than one cubic foot of wall material per linear foot. Temporary removal of stone walls, to be followed by replacement of the disturbed portion of the wall within a reasonable period of time, not to exceed 90 days, at the same location with the same materials and according to the original character, shall be subject to informal filing and review procedures, set forth under § 232-3F.
A.
Filing. Any person or organization seeking the consent of the Planning
Board under MGL c. 40, § 15C (The Scenic Roads Act), regarding
road repair, maintenance, construction, reconstruction, paving or
other alteration that will involve the cutting or removal of trees
or the tearing down of stone walls, or portions thereof on a scenic
road, shall file a request with 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
(six copies). At a minimum, such plan shall be to scale (preferred
scale is one inch equals 40 feet) and shall clearly show existing
trees and those to be removed, noting the species and diameter (measured
one foot above ground). The plan shall indicate the width, height,
character and dimensions of any stone wall, as well as the proposed
methods for the repair or reconstruction of any portion of the stone
wall;
(2)
A statement of the purpose(s) for the changes;
(3)
Photographs of the existing site, showing the area to be affected
by work and the surrounding area for a distance of at least 100 feet
to either side on the scenic road in question. All photographs must
be signed and dated by the applicant;
(4)
Any further explanatory material useful to adequately inform the
Planning Board prior to the public hearing, or as required by the
Planning Board;
(5)
Except in the case of Town agencies, a deposit sufficient for the
cost of advertising and notification; and
(6)
A certified list of abutting property owners within 100 feet of the
affected property.
B.
Notice. Planning Board shall, as required by statute, give notice
of its public hearing by twice advertising in a newspaper of general
circulation in the area. The Board shall also send copies of that
notice to the Select Board, Conservation Commission, Historical Commission,
Town Engineer, Tree Warden, Department of Public Works, and owners
as of the preceding January first of property located in whole or
in part within 100 feet of the proposed action.
C.
Timing. The Planning Board shall hold a public hearing within 45
days of receipt of a properly filed request and shall make a decision
within 60 days of that receipt, unless a longer time is agreed to
by the applicant. The date and time of the public hearing shall be
set outside of normal weekday work hours (8:00 a.m. to 5:00 p.m.,
Monday through Friday) so as to encourage maximum citizen participation.
D.
Tree Warden. Planning Board hearings shall be held in conjunction
with those to be 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 vice versa.
E.
Emergency repair. The procedures of this bylaw shall not be required
when the Tree Warden or their deputy act in an emergency in accordance
with MGL c. 87 to remove fallen trees or limbs which cause an obstruction
to public travel or a dangerous situation with respect to utility
lines.
F.
Informal filing and review procedures.
(1)
Temporary removal of limited portions of a stone wall, to be followed
by replacement of the disturbed portion within a reasonable period
of time, not to exceed 90 days, at the same location with the same
materials and according to the original character, shall be subject
to these informal filing and review procedures. Other temporary removal
shall not be entitled to these informal filing and review procedures.
(2)
The applicant shall submit a cover letter, sketch plan of the work
to be done, photographs of the area for a distance of 50 feet on either
side of the work site and a statement of the purpose for the temporary
removal. Such purposes may include temporary removal for the purposes
of utility connections or gaining temporary access, among others.
(3)
Based upon the information submitted, the Planning Board shall determine
if the proposed work is of a limited and temporary nature and may
vote to approve the work to be completed without further public process.
The Planning Board may require sufficient bond to be posted to ensure
restoration of the stone walls.
(4)
Following completion of the work and replacement of the stone wall
in accordance with the Planning Board approval, the applicant shall
submit a cover letter to the Planning Board confirming completion,
together with dated photographs of the restored wall.
A.
Curb cuts. Each lot fronting on a scenic road shall generally have
one driveway curb cut. The paved width of a driveway for a single-family
home shall not exceed 12 feet, or 18 feet for any multifamily dwelling.
Subdivision roads and new roads for commercial properties shall be
governed by the applicable Town regulations for these types of developments.
The use of common driveways is encouraged to preserve and to enhance
the visual appearance and rural character of scenic roads in the Town
of Sudbury.
B.
Stone wall removal limitations.
(1)
The maximum amount of stone wall to be removed shall be the width
of the pavement of the driveway or new road at the location of the
stone wall, plus three feet on either side.
(2)
Unless otherwise waived, removed stone shall be used to repair other
sections of the wall within the scenic road, in accordance with the
Planning Board approval.
(3)
No wall shall be cut without construction of an appropriate terminus.
(4)
In no case shall stones be disposed of or used for purposes other
than to repair the remaining stone wall within the scenic road without
the prior consent of the Planning Board.
(5)
Any construction of a terminus or repair of a stone wall shall match
the method of the existing construction.
C.
Tree removal limitations.
(1)
No tree with a trunk exceeding eight inches in diameter, one foot
above ground level, shall be cut for a driveway unless the curb cut
cannot otherwise be safely located.
(2)
No cluster of trees located within six feet of each other with individual
trunks exceeding six inches in diameter, one foot above ground level,
shall be cut for a driveway unless the curb cut cannot otherwise be
safely located.
(3)
For each tree with a trunk exceeding six inches in diameter, one
foot above ground level, that is removed, a tree in a species, size
and location, with advice from the Tree Warden and suitable to the
Planning Board, shall be planted, or an equivalent payment into the
Town-wide Tree Replacement Fund shall be made. This subsection shall
not apply to projects undertaken by the Town of Sudbury.
D.
Waivers. The Planning Board may waive the design standards, as set forth under this § 232-4 herein, if it finds that the waiver is consistent with the considerations and intent of § 232-5. The Planning Board shall consider public safety, sight lines, lot configuration, character of the stone wall and existing vegetation in its deliberation for the granting of a waiver.
In acting on applications for alterations to scenic roads, the
Planning Board may take into consideration the following:
A.
Preservation of natural resources;
B.
Environmental and historical values;
C.
Scenic and aesthetic characteristics;
D.
Public safety;
E.
The characteristics of local residential traffic and resident expectations;
F.
Relationship of road design to the standards of the Planning Board's
subdivisions regulations and of the Massachusetts Department of Transportation;
[Amended 10-23-2023 STM
by Art. 2]
G.
Compensatory actions proposed, such as replacement trees or walls;
H.
Functional urgency of the repair, maintenance, reconstruction, or
paving;
I.
Additional evidence contributed by abutters, Town agencies, and other
interested parties;
J.
Other sound planning consideration.
The Planning Board shall within 60 days of receipt of a properly
filed request submit a written determination of consent or denial
to the applicant and a copy to the Select Board, Historical Commission,
Conservation Commission and the Town Clerk. A report of denial shall
include an indication of what modifications, if any, would lead to
consent. The Planning Board may require sufficient bond to be posted
to ensure restoration of the site.
A.
Filing and restoration requirement. Cutting or removal of trees,
or the tearing down or destruction of stone walls, or portions thereof,
within the layout of a designated scenic road without prior approval
from the Planning Board and in violation of this bylaw will necessitate
an immediate filing with the Planning Board, as detailed above, and
the area affected shall be subject to restoration of the features,
as specified by the Planning Board. This restoration shall consist
of replacing/repairing the stone wall as necessary and replacing the
trees cut on a square-inch-per-square-inch basis at locations specified
by the Planning Board. A "square-inch-per-square-inch" replacement
means that the combined area of the replacement trees measured one
foot above ground level must equal the total area of the original
tree trunk as measured one foot above ground level.
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.
C.
Penalty. Cutting or removal of trees or the tearing down or destruction
of stone walls within the layout of the scenic road in violation of
this bylaw may be subject to a fine of not more than $300, as set
forth under the Scenic Road Act, MGL c. 40, § 15C. Each
day that a violation continues shall constitute a separate offense,
until an application is made to the Planning Board, with continued
progression toward a good-faith effort for restoration. In addition,
the Planning Board and Building Inspector may withhold or revoke any
current or pending permit on the property associated with said violation.
D.
Enforcement authority. The Planning Board, the Building Inspector
and the Tree Warden shall have the authority to enforce the provisions
of this bylaw, as applicable.
