[HISTORY: Adopted by the Town of Falmouth
Annual Fall Town Meeting 11-8-2004, Art. 22, approved 12-30-2004. Amendments noted where applicable.]
A.
The purpose of the Falmouth Scenic Roads Bylaw is
to maintain the rural, natural, historic and scenic character of certain
of the Town's roadways by requiring prior Planning Board approval
for the removal of significant trees or stone walls within the layout
of Town roads in conjunction with the repair, reconstruction, or paving
of those roads. The bylaw provides that any repair, maintenance, reconstruction
or paving work on Town roads designated as scenic shall not involve
or include the cutting down or removal of significant trees or their
roots or the tearing down, or relocation or destruction of stone walls
or portions thereof within the road layout without the prior written
consent of the Planning Board. Planning Board approval is not necessary
for roadway work that does not affect trees or stone walls in the
layout.
B.
The bylaw also establishes the procedure for designating
scenic roads.
Enactment of this bylaw is authorized by the
Massachusetts General Laws c. 40, § 15C.
As used in this chapter, the following terms
shall have the meanings indicated:
The removal of one (1) or more significant trees having a
diameter of eight (8) inches or more measured four (4) feet above
the ground, or roots of more than three (3) inches in diameter where
cut.
Excavation, repair, maintenance, reconstruction, or paving
work shall mean any work done within the layout by any person or agency,
public or private. Construction of new driveways or alteration of
existing driveways within the right-of-way is excluded under this
bylaw.
Any street that is an accepted Town way, or one that has
been established by or maintained under County authority. 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 stonewalls shall be presumed
to be within the way until the applicant proves the contrary to the
satisfaction of the Planning Board.
Any structure of natural stones, cut or uncut, that is built
in order to enclose, divide or define an area, regardless of its condition.
Significant trees have a trunk diameter of eight (8) inches
or more as measured four (4) feet above the ground.
A.
Upon recommendation or request of the Planning Board,
Conservation Commission or Historical Commission, Town Meeting may
designate scenic roads by a majority vote.
B.
Criteria to be used in determining which roads or
portions of roads are scenic.
(1)
Ways bordered by trees of exceptional quality.
(2)
Ways with overarching tree canopy.
(3)
Ways bordered by stone walls, historic buildings,
agricultural fields, designed landscapes, or other natural or man-made
features of aesthetic value.
(4)
Ways with water views.
(5)
Age and historic significance of way, trees and stone
walls, width, grade and alignment.
(6)
Ways bordered by designated Local Historic Districts
or National Register Districts.
[Amended ATM 4-2-2012, Art. 35]
The written approval of the Planning Board is required for any excavation, repair, maintenance, reconstruction or paving work within the layout of Scenic Roads that would involve removing stone walls or significant trees, except as provided in § 178-5F below.
A.
Public hearing. The Planning Board shall hold a public
hearing within thirty (30) days of receipt of an application and shall
give notice as specified in MGL c. 40, § 15C. When required,
hearings shall be held in conjunction with those held by the Tree
Warden acting under MGL c. 87, § 3, the Public Shade Tree
Act. Copies of the public notice shall be sent to the Conservation
Commission, Historical Commission, Historic District Commission, the
Tree Warden, the Department of Public Works, and the owners of property
within one hundred (100) feet of the proposed action.
B.
Decision. The Planning Board shall make a determination
with respect to a written request within twenty-one (21) days after
the close of the public hearing. Failure of the Planning Board to
make its decision and file it with the Town Clerk within the time
allotted shall constitute approval of the written request.
C.
Public Shade Tree Act. 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, MGL c. § 5.3, have
been complied with.
D.
Decision considerations. In making a decision, the
Planning Board shall consider overall effect of the proposed alteration,
including the preservation of historic values, scenic quality, public
safety, compatibility with surrounding neighborhood and compensatory
actions. New plant materials will be determined by the Tree Warden
or Planning Board which may require that new tree species be chosen
for historic value.
E.
Emergency work. In the event that emergency conditions
require that work otherwise requiring Planning Board approval must
proceed before such approval can be obtained, the work may proceed
to the extent which is deemed necessary to protect public health and
safety. The work shall be reported in writing, to the Planning Board,
within seventy-two (72) hours of the emergency condition.
F.
The permission of the Planning Board will not be necessary when the
removing of a stone wall occurs within a historic district, where
the Falmouth Historic Districts Commission will have sole jurisdiction.
The Building Inspector, Tree Warden or others designated by the Town Administrator may issue a citation for violations of this bylaw under § 1-2, Noncriminal disposition of the Code of Falmouth. Violations of the provisions of this bylaw shall be subject to a fine of three hundred dollars ($300.)
A.
The following are scenic roads:
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Boxberry Hill Road
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Carriage Shop Road
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Chapoquoit Road
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Chester Street
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Davisville Road
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Dillingham Road
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Elm Road
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Gardiner Road to Whitman
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Garnet Avenue
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Geggatt Road
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Hatchville Road
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Highfield Drive
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Katharine Lee Bates Road
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John Parker Road
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Meadow Neck Road
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Metoxit Road
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Mill Road
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Moonakis Road
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Nashawena Street
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Old Dock Road
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Old Main Road
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Old Palmer Road
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Quissett Avenue
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Quissett Harbor Road
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School Street
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Sippewissett Road
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Wild Harbor Road (Old Main to Chester)
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B.
Previously identified by Town meeting as part of Falmouth's
scenic coastal road along Vineyard Sound:
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Church Street
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Clinton Avenue
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Falmouth Heights Road
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Grand Avenue
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Menauhant Road to the Central Avenue intersection
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Nobska Road
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Oyster Pond Road
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Robbins Road
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Scranton Avenue
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Shore Street
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Surf Drive
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Water Street
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Woods Hole Road from Water to Church Street
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