[HISTORY: Adopted 4-26-2010 Annual Town Meeting, Art. 29. Amendments noted where applicable.]
In the absence of contrary meaning established through legislative or judicial action pursuant to MGL 40, § 15C, the following terms contained in that statute shall be defined as follows:
CUTTING OR REMOVAL OF TREES
The removal of one or more trees, trimming of major branches or cutting of roots.
RECONSTRUCTION OR WIDENING
Any work done within the right-of-way by any person or agency, public or private, which will increase the width of the traveled way, including any shoulders, parking areas, sidewalks or other like areas. Within this definition, any work on any portion of the right-of-way that was not physically commenced at the time the road was designated as a scenic road. Construction of new driveways or alteration of existing ones is also included, insofar as it takes place within the right-of-way.
ROAD
A right-of-way or any way used and maintained as a public way including the vehicular traveled way plus 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 in issue so that a dispute arises as to whether or not certain trees or stone walls, or portions thereof, are within or without the way, the trees or stone walls shall be presumed to be within the way until the contrary is shown.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The destruction of more than 15 linear feet of stone wall involving 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.
TREES
Includes a tree whose trunk has a diameter of four inches or more as measured one foot above the ground.
These regulations are intended to ensure that:
A. 
Ways will be recommended for designation as scenic roads on stated criteria.
B. 
Ways so designated will not be altered without following proper procedures and without adherence to proper considerations.
C. 
Ways so designated will not be altered by the decision of any person, organization or agency other than the planning board, except for the tree warden acting in accordance with the Public Shade Tree Act, MGL C. 87.
The planning board, conservation commission or historic commission shall, in determining which roads or portions of roads should be designated as scenic roads, consider the following criteria:
A. 
Ways bordered by trees of exceptional quality.
B. 
Ways bordered by stone walls.
C. 
Ways bordered by any other natural or manmade features of aesthetic value; e.g., orchards, fields and forests.
D. 
Ways for which alteration is being planned or is likely to be planned in the future.
E. 
Ways for which any alteration would lessen the aesthetic value of natural or manmade features bordering them.
Upon the designation of any road or portion of road as a scenic road, the planning board shall take the following steps within 30 days of such designation:
A. 
Notify all municipal departments that may take any action with respect to such road.
B. 
Notify the State Department of Public Works.
C. 
Publish in the local paper by an informal article that the road or roads have been so designated.
D. 
Indicate such designation on all maps currently in use by municipal departments.
E. 
Notify all utility companies or other such parties that may be working on the border of such road.
A. 
Filing. Any person, organization, or state or municipal agency, other than the tree warden acting in accordance with the Public Shade Tree Act (MGL C. 87), seeking the 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) regarding the cutting or removal of trees or the tearing down or destruction of stone walls, or portions thereof, on a scenic road shall file a request with the town clerk, together with the following:
(1) 
The text of a legal notice identifying the location of the proposed action in terms enabling readers to locate it with reasonable specificity on the ground without need for additional plats or references, and describing in reasonable detail the proposed changes to trees and stone walls.
(2) 
A statement of the purpose or purposes for the changes proposed.
(3) 
A list of owners of properties directly abutting the proposed action.
(4) 
Except in the case of town agencies, a deposit sufficient to cover the cost of advertising and notification.
(5) 
Any further explanatory material useful to adequately inform the planning board.
B. 
Notice. 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. This notice shall contain a statement as to the time, date, place and purpose of the hearing with a reasonable description of the action proposed by the applicant. Copies of this notice shall also be sent to the selectmen or the city council, the conservation commission, the historical commission, the municipal engineer, the tree warden, the Department of Public Works and the owners of property within 100 feet of the proposed action.
C. 
Timing of notice. The first publication of the notice shall be as soon as feasible after the planning board receives the request from the applicant, and shall in all cases be at least 14 days before the hearing. The last publication shall occur, as required by statute, at least seven days prior to the hearing.
D. 
Timing of hearing. The planning board shall hold a public hearing within 30 days of the date on which a properly filed request is received. 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.
E. 
Timing of decision. The planning board shall make a decision on the request within 21 days of the public hearing.
The planning board’s decision on any application for proposed action affecting scenic roads shall be based on consideration of the following:
A. 
Preservation of natural resources.
B. 
Environmental values.
C. 
Historical values.
D. 
Scenic and aesthetic characteristics.
E. 
Public safety.
F. 
Compensatory actions proposed, such as replacement of trees or walls.
G. 
Other sound planning consideration.
The following streets are to be known as scenic roads:
Ball Street
Brewer Street
Brigham Street
Cherry Street
Church Street
Crawford Street
Davis Street
Fisher Street
Gale Street
Green Street
Howard Street
Hudson Street
Lancaster Drive
Maynard Street
MacAlister Road
Mentzer Avenue
Monroe Street
Newton Street
Pleasant Street
Reservoir Street
Rice Avenue
School Street
Summer Street
Washburn Street
West Street
Whitney Street
Winter Street