[Adopted 6-23-2020 ATM by Art. 33]
The purpose of this article is to maintain the rural, natural, historic and scenic character of the Town's roads.
[Amended 6-15-2021 ATM by Arts. 31, 32, and 33]
In accordance with MGL c. 40, § 15C, the following roads are designated as scenic roads: Chestnut Plain Road, including North Street, Haydenville Road and Conway Road; Poplar Hill Road; Strippe Road; and Webber Road.
A. 
Any repair, maintenance, reconstruction, or paving work to be done within the public way of a scenic road that will involve or include cutting down or removing trees with a diameter of six inches or more or tearing down, burial, relocation, or destruction of stone walls or portions thereof shall require prior written approval of the Planning Board after a public hearing, except no public hearing will be required for:
(1) 
Repair and replacement of stone walls in kind, with no change in appearance.
(2) 
Removal of trees deemed by the Tree Warden to be a public hazard to public safety.
(3) 
Removal of trees determined by the Tree Warden to be dead, beyond saving, or a threat to neighboring trees.
B. 
Where trees are removed under the provisions of Subsection C(2) and (3), efforts shall be made to plant appropriate substitutes.
A. 
The Planning Board shall hold a public hearing within 30 days of receipt of a properly filed request and shall make a decision within 45 days of that receipt, unless a longer time is agreed to by the applicant.
B. 
In evaluating the request, the Planning Board shall consider preservation of natural resources; environmental issues; historical values; scenic and aesthetic characteristics; public safety; existence or absence of reasonable alternatives; compensatory actions proposed, such as tree and wall replacement; and the functional importance and urgency of repair, maintenance, reconstruction or paving.
C. 
In the case of a proposed entrance access that impacts the trees and stone walls described in § 148-8A, the Planning Board may waive the public hearing if there is no alternative, if it determines that there is little negative impact on the character of the scenic road, and if the Historical Commission approves the waiver.
D. 
Failure of the Planning Board to make its decision and file it with the Town Clerk within the time allotted shall be construed as approval of the request.