[HISTORY: Adopted by the Planning Board of the Town of Georgetown 7-28-1999. Amendments noted where applicable.]
Zoning — See Ch. 165.
Filing. Any person, organization, state or municipal agency seeking the written consent of the Planning Board regarding the cutting or removal of trees or the tearing down or destruction of stone walls, or portions thereof within the right-of-way of a scenic road shall file a written request with the Planning Board, together with the following:
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 plans or references and describing in reasonable detail the proposed changes to trees and stone walls;
A statement of the purpose or purposes for the changes proposed;
A list of owners of properties located in whole or in part within 100 feet of the proposed action;
Except in the case of town agencies, a deposit sufficient to cover the cost of advertising and notification; and
Any further explanatory material useful to adequately inform the Planning Board.
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, the Conservation Commission, the Historical Commission, the Highway Surveyor and the owners of property within 100 feet of the proposed action.
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.
Timing of hearing. The Planning Board shall hold a public hearing within 30 days of receipt of a properly filed request.
Timing of decision. The Planning Board shall render a written decision on the request within 21 days of the public hearing.
Performance guaranty. Prior to endorsement of its approval on a plan, the Planning Board may require that the proposed work to be done be secured by a bond sufficient in form and amount, in the opinion of the Planning Board, to ensure satisfactory performance of the proposed work.
Whenever feasible, Planning Board hearings shall be held in conjunction with those held by the Tree Warden acting under MGL c. 87. The consent of the Planning Board to a proposed action shall not be regarded as inferring consent by the Tree Warden, or vice versa. The Planning Board decisions shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, MGL c. 87 have been complied with.
The Planning Board's decision on any application for proposed action affecting scenic roads shall be based on consideration of the following:
The degree to which the proposed action would adversely affect the scenic, aesthetic and historic values upon which the scenic road designation was originally based;
The necessity for the proposed action in terms of public safety, welfare or convenience;
Availability of reasonable alternatives to the proposed action which could reduce or eliminate anticipated damage to trees or stone walls;
Whether the proposed action would compromise or harm other environmental or historical values;
Compensatory actions proposed, such as replacement of trees or walls;
Consistency of the proposed action with previously adopted town plan and policies.