Statutory 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.
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 prior written consent of the Planning Board ... after a public hearing duly advertised twice in a newspaper of general circulation in the areas, as to time, date, place, and purpose, the last publication to occur at least seven days prior to such hearings; provided, however, that when a public hearing must be held under the provisions of this section and under section three of Chapter 87 (Public Shade Tree Act) prior to cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the Tree Warden and the Planning Board ... and notice of such consolidated public hearing shall be given by the Tree Warden or his deputy as provided in said section three of Chapter 87. |
Designation of a road as 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." |
In accordance with the Belchertown Community Plan, the purpose of this chapter is to maintain Belchertown's rural New England look and feel:
A. To maintain and enhance the rural character of historic and scenic town roads through the preservation of mature trees and stone walls;
B. To "avoid suburban style road sides" by maintaining the natural beauty that exists along scenic roads and encouraging new development that is compatible with existing road side features;
C. To implement more fully the provisions of the Scenic Road Act, with acknowledgement that roads serve transportation function for pedestrians, bicyclists, and equestrians as well as motorized vehicles.
D. To provide a public process for achieving balance between the preservation of rural character and scenic beauty, public safety, and efficient road maintenance.
For terms not qualified in MGL c. 40, § 15C, of the Massachusetts General Laws the following meanings shall apply for the purposes of this chapter:
CUTTING OR REMOVAL OF TREES The removal of one or more trees, trimming of major branches or cutting of roots sufficient in the Tree Warden's written opinion to cause eventual destruction of a tree. It does not include clearing nuisance growth, routine or emergency tree maintenance which removes only permanently diseased or damaged limbs, trunks or roots and dead whole trees or thinning overcrowded trees as determined by the Tree Warden.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK Any work done within the right-of-way by any person or agency, public or private. Construction of new driveways or alteration of existing ones is included, in so far as it takes place within the right-of-way. Construction or alteration of water, sewer, electric, telephone, cable TV, or other utilities within the right-of-way is also included.
ROAD A vehicular traveled way plus its necessary appurtenances within the right-of-way, including bridge structures, drainage systems, retaining walls, traffic control devices, and sidewalks, but not intersecting streets or driveways. The right-of-way includes the area on and within the boundaries of the public way and the air space above. If the boundaries are not officially known, any affected tree or stone wall shall be presumed to be within the public right-of-way until shown to be otherwise.
TEARING DOWN OR DESTRUCTION OF STONE WALLS The destruction of more than 10 linear feet of stone wall involving more than one cubic foot of wall material per linear foot above existing grade. Temporary removal and replacement of a stone wall, within a reasonable period of time, not to exceed six months, at the same location with the same materials is permitted without Planning Board approval if the Town Highway Department is notified before the work begins. Repair of a stone wall not involving removal and/or destruction is not covered by this chapter.
TREES Includes a tree whose trunk has a diameter of four inches or more as measured four feet above the ground. Nothing in this definition shall be construed to permit a person, other than the Tree Warden or his deputy, to trim, cut down or remove a public shade tree more than one and one-half inch in diameter one foot from the ground.
In determining which roads or portions of roads should be recommended to Town Meeting for designation as scenic roads, the following criteria shall be considered:
A. Overall scenic beauty and rural character.
B. Contribution of trees and/or stone walls to scenic beauty and rural character
C. Age and historic significance of roads, trees, and stone walls
D. Man-made features such as historic buildings, monuments, burial grounds, farm buildings and fencing.
E. Road features such as historic layout, surface, carriage width, use restrictions, bridges.
In rendering a decision, the Planning Board shall consider the following:
A. Community Plan goals, including: preservation of rural character, avoiding suburban roadside and maintaining the scenic and aesthetic quality of the road.
B. Preservation of historic values.
C. Protection of natural resources and wildlife habitat.
E. Recreation uses of the road.
F. Traffic volume, congestion and posted speed limits.
G. Relationship of the road design to the standards in the Subdivision Regulations, recognizing that deviance from "modern" standards should be allowed when a road has been designated "scenic" by the Townspeople.
H. Proposed compensatory actions such as replacement of trees or walls.
I. Financial hardship related to design revision to avoid or reduce damage to trees or stone walls.
J. Functional importance and urgency of repair, maintenance, reconstruction, or paving.
K. Additional evidence contributed by abutters, Town agencies and other interested parties.
The procedures of this chapter shall not apply when the Tree Warden acts in an emergency in accordance with MGL c. 87 to remove fallen trees or limbs which cause an obstruction to public travel or a dangerous situation with respect to utility lines. In such cases, the Planning Board must be notified within 5 business days of any action, which had the threat not existed, would be a violation of this chapter.