[Adopted 1-5-2021 by Ord.
No. 2021-006 as Art. VI, Sec. 10, of the General
Ordinances]
The purpose of this article is to protect the scenic quality
and character of City 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, or paving of roads that have been designated
as a scenic road by a city or town. The City has adopted these regulations
with the following objectives:
A.
To maintain the natural beauty and scenic qualities along scenic
roads in the City of Framingham.
B.
To enhance the rural character of scenic roads of the City and encourage
compatibility with existing roadside features.
C.
To implement more fully the provisions of the Scenic Road Act, MGL
c. 40, § 15C.
"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; provided, however,
that a numbered route may be designated by a city or town as a scenic
road if its entire length is contained within the boundaries of said
city or town, and no part of said route is owned or maintained by
the commonwealth.
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 the prior written consent of the planning board, or if there
is no planning board, the selectmen 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 selectmen
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 their deputy as
provided in said section three of chapter eighty-seven. Any city or
town making said scenic road designation may make an ordinance or
by-law establishing that a violation of this paragraph shall be punished
by a fine not to exceed three hundred dollars.
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."
[1]
Editor's Note: This section contains the text of MGL c. 40,
§ 15C, as last amended by St. 1989, c. 360.
A.
The Mayor, Planning Board, the Traffic Commission, the Conservation
Commission, the Historical Commission, the Historic District Commission
or the citizens of the City of Framingham by petition pursuant to
the procedures set forth in the Charter may propose "scenic road"
status for any road in the City of Framingham, other than a numbered
route or state highway.
B.
The Planning Board shall hold a public hearing on the proposal or
petition, notifying the Mayor, the Traffic Commission, the Tree Warden,
the 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
and the last publication to occur at least seven days prior to the
date of such hearing. The Planning Board shall make a recommendation
to the Council on the merits of the proposed road as a scenic road.
[Amended 4-30-2024 by Ord. No. 2024-025]
C.
A majority vote of the Council is required for designation of a road
as a scenic road. Such designation shall be effective as of the date
of Council action. Any work on any portion of the right-or-way of
a scenic road which was not physically commenced at the time the road
was designated by the Council as a scenic road shall conform to these
regulations.
A list of scenic roads of the City of Framingham follows. Streets
designated by the Council or the former Town Meeting include the streets
in their entirety unless designated otherwise. This list may be subject
to revisions or additions from time to time via Council action. Scenic
roads are regulated by MGL c. 40, § 15C and MGL c. 87, § 3.
A.
Roads designated by Article 83 of the April 17, 1974, Annual Town
Meeting are as follows:
|
Belknap Road (Pleasant Street to 300 feet West of Grove Street
and from about 850 feet East of Grove Street to Edgell Road)
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|
Bethany Road (Winthrop Street to Ashland Line)
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|
Central Street (Edgell Road to Concord Street)
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|
Dennison Avenue
|
Edmands Road
|
Grove Street
|
|
Hemenway Road
|
Lake Road
|
Lakeview Road
|
|
Mill Street
|
Millwood Street
|
Nixon Road
|
|
Parker Road
|
Prindiville Avenue
| |
|
Salem End Road (Winter Street to Ashland Line)
|
Singletary Lane
| |
|
Warren Road
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Winter Street (Salem End Road to Fountain Street)
| |
B.
Roads designated by Article 15 of the November 12, 1974, Special
Town Meeting are as follows:
|
Auburn Street
|
Auburn Street Ext.
|
Barber Road
|
|
Edgell Road
|
Fenwick Street
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Kellogg Street
|
|
Main Street
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Mansfield Street
|
Maple Street
|
|
Merchant Road
|
Parmenter Road
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Pond Street
|
|
Prospect Street
|
State Street
|
Wayside Inn Road
|
|
Winch Street
|
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:
The removal of one or more trees, trimming of major branches
or cutting of roots. "Cutting or removal of trees" 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. "Cutting or removal of trees"
shall include such cutting, trimming or removal as a primary activity,
as well as such cutting, trimming or removal done in contemplation
of, or following, repair, maintenance, reconstruction or paving work
for a road or driveway or sidewalk.
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 also 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.
The entire right-of-way including, but not limited to, 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. When
the boundary of the right-of-way is an issue so that a dispute arises
as to whether or not certain trees or stone walls or portions thereof
are within or outside of the right-of-way, the trees and stone walls
shall be presumed to be within the right or way until the contrary
is shown.
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 right-of-way and within the coverage
of these rules and regulations until the contrary is shown.
Includes both temporary and permanent removal. Temporary removal of limited portions of stone walls, to be followed by replacement of the disturbed portion of the wall within a reasonable period of time, not to exceed 30 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 § 395-22.
Includes any living tree (not bushes) whose trunk has a diameter
of three 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.
A.
Consistency with City standards. Street and driveway construction
standards shall be consistent with current standards for streets,
driveways and curb cuts, as set forth in the Zoning Ordinance, the
City Ordinance, and the Subdivision Rules and Regulations, all as
amended.[1]
B.
Curb cuts. Each lot fronting on a scenic road shall generally have one driveway curb cut. The traveled width of a driveway for a single home or a common driveway shall comply with the provisions of 527 CMR 1.00. The use of common driveways is strongly encouraged to preserve and to enhance the visual appearance and rural character of scenic roads in the City of Framingham. The use of a common driveway shall be permitted by right and shall not require a special permit pursuant to Chapter 435, Zoning, § 435-27D(1).
C.
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.
D.
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.
E.
Waivers. The Planning Board may waive the design standards, as set forth under this section, if it finds that the waiver is consistent with the considerations and intent of § 395-21. 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.
A.
Filing.
(1)
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 temporary (except as provided for under § 395-22 herein) or permanent tearing down or destruction of stone walls, or portions thereof, in connection with the repair, maintenance, reconstruction or paving work (as defined in § 395-18) on scenic roads, shall submit a written request to the Planning Board together with the following:
(a)
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.
(b)
A statement of the purpose(s) for the changes.
(c)
A certified list of abutters to include the owners of all property
within 500 feet of the proposed work on the scenic road whose property
has frontage on the affected scenic road. The list is to be obtained
from the Assessor's office and should reflect their most current records.
(d)
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.
(e)
Any further explanatory material useful to adequately inform
the Planning Board prior to the public hearing, or as required by
the Planning Board.
(f)
Except in the case of City divisions and/or departments, the
applicable filing fee shall be paid. The applicant shall also bear
the cost of hearing notification.
(2)
Notice of submittal shall be filed with the City Clerk and a copy
of the submittal transmitted to the Tree Warden and other applicable
City Divisions and/or Departments, after the submittal is accepted
by the Planning Board as a complete application and it is signed as
such 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
this article in any way lessen the Tree Warden's duties as allowed,
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 or general circulation in the area, the last publication at least seven days prior to the public hearing. 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 Mayor, district Councilor, at-large Councilors, the Traffic Commission, the Tree Warden, the City Engineer, the Department of Public Works, the Conservation Commission, the Historical Commission, the Historic District Commission and to the property owners on the certified list of abutters as set forth in Subsection A(1)(c). Notice shall also be posted with the City Clerk, and at the Planning Board Office.
(2)
The applicant shall post a community notice sign on the property
in a conspicuous location at the street frontage at least seven days
prior to the public hearing. The sign shall indicate the date, time
and location of the scenic road public hearing before the Planning
Board, and the specific nature of the hearing. This sign shall be
no less than two square feet in size, nor more than three square feet
in size.
(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
jointly by the Planning Board and the Tree Warden.
D.
Timing. The Planning Board shall hold a public hearing within 45
days from the date on which the Planning Board's notice of submittal
is received by the City Clerk, unless the applicant agrees, in writing,
to an extension of time.
E.
Decision.
(1)
In rendering its decision, the Planning Board shall consider the application based on compliance with the Scenic Road Act and the considerations set forth in § 395-21.
(2)
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.
(3)
The decision of the Planning Board shall be filed with the City Clerk
within 30 days of the close of the public hearing, unless the applicant
agrees, in writing, to an extension of time; copies of which shall
be sent to the applicant, the Mayor, district Councilor, at-large
Councilors, the Traffic Commission, the Tree Warden, the Building
Commissioner, the City Engineer, the Department of Public Works, the
Conservation Commission, the Historical Commission, the Historic District
Commission and those persons who have requested a copy of the decision.
(4)
An applicant shall have two years to undertake implementation of
a decision of the Planning Board under these regulations, after which
time such decision shall be void.
The Planning Board shall consider the following items in rendering
a decision with regard to a scenic road application:
A.
Preservation of historic features;
B.
Protection of natural resources and environmental features;
C.
Preservation of scenic and aesthetic characteristics;
D.
Public safety;
E.
Compatibility with surrounding neighborhood;
F.
Compensatory actions proposed, such as replacement of trees and replacement
or repair of walls.
A.
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 30 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.
B.
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.
C.
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.
D.
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.
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 article 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 measure 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, including,
but not limited to, the enforcement of the bonding and restoration
as detailed above.
C.
Penalty. Cutting or removal of trees or the tearing down or destruction of stone walls within the layout of scenic road in violation of this section 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 a filing in accordance with Subsection A has been made, with continued progression toward a good faith effort for restoration.
D.
Enforcement authority. The Planning Board, the Building Commissioner
and the Tree Warden shall have the authority to enforce the provisions
of this section, as applicable.
