[HISTORY: Adopted by the Town of Barnstable 1983 Fall ATM, approved 2-4-1984 (Art. XLI of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 1, Art. I.
 — See Ch. .
In the absence of contrary meaning established through legislative or judicial action pursuant to M.G.L. Chapter 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.
REPAIR, MAINTENANCE, RECONSTRUCTION OR PAVING WORK
Any work done within the right-of-way by any person or agency, public or private. Within the meaning of this definition, it is any work on any portion of the right-of-way which 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 included, insofar as it takes place within the right-of-way.
ROAD
A right-of-way of 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 an issue so that a dispute arises as to whether or not certain trees or stonewalls or portions thereof are within or without the way, the trees and stonewalls 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 any living tree whose trunk has a diameter of four inches or more as measured one foot above the ground.
To protect the scenic quality and character of certain Town roads, the following regulations are established to control alterations that can take place within public rights-of-way.
A. 
Within the public right-of-way of designated roads the Tree Warden or his designee may approve the cutting or removal of up to three trees per 200 linear feet of right-of-way.
B. 
Within the public right-of-way of designated roads, the following activities shall require written approval of the Planning Board in accordance with the provisions of this chapter:
(1) 
The tearing down, painting or destruction of stone walls;
(2) 
The cutting or removal of trees the scope of which is outside the responsibility of the Tree Warden, as defined above;
(3) 
Repair, maintenance, reconstruction or paving work, including the construction of new driveways or alteration of existing ones, insofar as they affect stone walls or trees within the public right-of-way, as defined in Subsection B(1) and (2) above.
C. 
In cases where a threat to public safety does not allow sufficient time to obtain approvals from the Tree Warden or the Planning Board, the Planning Board must be notified within five business days of any action which, had the threat not existed, would be a violation of this chapter.
The Planning Board shall hold a public hearing within 30 days of receipt of an application, and shall approve, conditionally approve or deny an application within 60 days of receipt. In making its decision, the Planning Board shall consider the following criteria and shall not grant approval if the proposed action will be in violation of one or more of them:
A. 
Preservation of historic values;
B. 
Preservation of scenic and aesthetic quality of the area;
C. 
Protection of natural resource and environmental systems;
D. 
Public safety;
E. 
Compatibility with surrounding neighborhood.
Since the purpose of these regulations is to protect the scenic quality and character of designated roads, such as the planting of new trees or the reconstruction of stone walls in making its decision, if the overall effect of the proposed alteration, including compensatory action, is to maintain or improve the scenic quality and character of the road, the Board may grant approval that otherwise would be denied.
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 Town Manager, the Conservation Commission, the Historical Commission, the Tree Warden, the Department of Public Works, and the owners of property within 100 feet of the proposed action.
Whenever feasible, notice shall be given and Planning Board hearings shall be held in conjunction with those held by the Tree Warden acting under M.G.L. Chapter 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 decision shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, M.G.L. Chapter 87, have been compiled with.
The Planning Board, Conservation Commission, Old Kings Highway Regional Historic District Commission, and the Historical Commission may submit recommendations for additions or deletions to the list of scenic roads, which must be acted upon by the Town Council. Any recommendation for scenic road designation must be accompanied by a written description of the characteristics of the road that require the protection afforded by these regulations.
The Building Inspector, Tree Warden, or others designated by the Town Manager may issue a citation for violation of these regulations. A failure to respond to properly issued citations, or the issuance of three or more citations in a twelve-month period, or failure to take responsible compensatory action shall be construed as a major violation, subject to a fine of not more than $100. Each day that such violation continues shall constitute a separate offense.