These regulations have been duly adopted by the Groton Planning Board to implement the provisions of the "Scenic Roads Act," MGL C. 40, § 15C, and Chapter
184, §
184-3, of the Code of the Town of Groton.
The Scenic Roads Bylaw governs the cutting and
removal of trees and stone walls during repair, maintenance, reconstruction
or paving of roads by any agency, for the purpose of providing protection
to the environmental, aesthetic and historical values of the Town's
roads. The Planning Board has adopted these regulations with the following
objectives:
A. To maintain the natural beauty that exists along scenic
roads in Groton;
B. To enhance the rural character of the Town and encourage
compatibility with existing roadside features;
C. To encourage more environmentally sensitive development
along the scenic roads in the Town; and
D. To develop a growth of shade trees along Groton's
scenic roads to reduce the growth of underbrush and reduce the cost
of roadside maintenance.
Chapter
184, §
184-1, designates all roads in Groton, other than Route 119, Route 225, Route 40, and Route 111, as scenic roads.
As used in this Part 6, the following terms
shall have the meanings indicated:
CUTTING AND 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 the tree.
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, insofar as it takes place within the right-of-way.
Construction or alteration of water, sewer, electric, telephone, cable
TV, or other activity within the right-of-way is also included.
RIGHT-OF-WAY
The side line of a street or way, as determined by deeds
and plans recorded at the Registry of Deeds, or a building line laid
out under MGL C. 82, § 37; where no line is thus legally
established, then a line parallel with and 20 feet distant from the
center line of a traveled way.
ROAD
The entire right-of-way of a vehicular traveled right-of-way,
including any necessary appurtenances, including bridges structures,
drainage systems, retaining walls, traffic control devices, sidewalks,
but not intersecting streets or driveways. The right-of-way includes
the area on and within boundaries of the public way. 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.
STONE WALLS
Includes assemblages of stone involving at least one cubic
foot of wall material per linear foot totaling not less than 10 feet
in length.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The destruction of stone walls along a public way. Temporary
removal and replacement of stone walls at the original location with
the same materials is permitted with Planning Board approval if the
Town Highway Surveyor is notified before the work begins so that it
can confirm that the wall is properly replaced.
TREES
Includes a living tree whose trunk has a diameter of four
inches, 4 1/2 feet from the ground.