[Adopted 5-12-2005]
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.
As used in this Part 6, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
Includes assemblages of stone involving at least one cubic
foot of wall material per linear foot totaling not less than 10 feet
in length.
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.
Includes a living tree whose trunk has a diameter of four
inches, 4 1/2 feet from the ground.
A.
For tree removal. The procedures of this Part 6 shall
not apply when the Tree Warden acts in an emergency in accordance
with MGL C. 87 to remove dead or damaged trees or limbs or trees,
which may cause an obstruction to public travel or a dangerous situation
with respect to utility lines.
B.
For stone wall removal. A public hearing and approval
by the Planning Board are not required when, in the opinion of the
Highway Surveyor, the following action is warranted: the removal of
no more than 24 feet of a stonewall for a driveway, or six feet for
a walkway.
A.
Where stone walls exist, the maximum amount of stone
wall to be removed is 24 feet for a driveway and six feet for a walkway.
(1)
Removed stone shall be used to repair other sections
of the wall along the road;
(2)
Stone wall sections to be removed for a driveway shall
not exceed the driveway width by more than three feet on each side
for a total not to exceed 24 feet; and
(3)
No wall shall be cut without construction of an appropriate
terminus. Appropriate end points are required and consist of a stone
wall with tapered ends turning back onto the lot along the drive,
stone piers, granite post, or wooden post (with or without a gate).
A.
Filing.
(1)
When deemed necessary by the Tree Warden or Highway
Surveyor, 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 on a scenic road shall file a request with the
Planning Board together with the following:
(a)
The text of the legal notice identifying the
location of the proposed action in terms enabling the readers to locate
it with reasonable specificity on the ground without the need for
additional plats or references, and describing in reasonable detail
the proposed changes to trees and stone walls;
(b)
A statement of the purpose, or purposes, for
the proposed action;
(c)
Plans, drawings, or other explanatory reference
materials, including photos, showing the specific design or engineering
details;
(d)
Except in the case of Town departments or not-for-profit
conservation organizations, a filing fee of $50 plus the cost of the
legal advertisements shall be paid;
(e)
The trees proposed to be removed shall be marked
by the applicant and verified by the Tree Warden, edges of the drives
or right-of-way shall be staked, showing edge of paved or traveled
way, and, if appropriate, edge of road right-of-way intersecting the
existing scenic road; and
(f)
Any further explanatory material useful to adequately
inform the Planning Board.
(2)
In the event the tree removal or stone wall destruction
is related to construction of a subdivision or development subject
to site plan review, the applicant shall submit an application under
this section concurrently with the application for subdivision or
site plan approval.
(3)
Notice of submittal shall be filed with the Planning
Board and a copy of the submittal transmitted to the Tree Warden and
Town Clerk after it is accepted and signed by the Planning Board.
B.
Notice.
(1)
The Planning Board and Tree Warden shall, as required
by statute, give notice of its public hearing by twice advertising
in a newspaper of general circulation in the area, with the first
publication of the notice to be at least 14 days prior to the hearing
and the last seven days prior to the hearing. Copies of the notice
shall be sent to the Select Board, Conservation Commission, Historical
Commission, Tree Warden, and Highway Surveyor.
[Amended 10-1-2018 ATM
by Art. 14]
(2)
The Planning Board and Tree Warden may also require
a sign to be posted on the property at least 14 days prior to the
public hearing. This sign shall not exceed three square feet in size
and be posted in the location clearly visible to the public with the
date, time and location of the public hearing.
C.
Tree Warden.
(1)
The Planning Board hearings shall be held in conjunction
with the Tree Warden acting under MGL C. 87. Consent to an action
by the Planning Board shall not be construed as inferring consent
by the Tree Warden or the reverse, nor shall execution of these rules
and regulations in any way lessen the Tree Warden's duties as allowed
under MGL C. 87.
(2)
The Tree Warden shall mark the trees shown on the
plan as proposed to be removed and make recommendations to the Planning
Board in this regard.
D.
Timing of the hearing. The Planning Board and Tree
Warden shall hold a public hearing within 30 days of receipt of a
properly filed request, and shall make a decision within 45 days of
that receipt, unless a longer time is agreed to by the applicant.
E.
Reporting of decision.
(1)
The Planning Board may require sufficient bond to
be posted to cover the costs of required work within the road right-of-way
and to protect vegetation and stone walls. Such bonding shall be specified
in the Board's decision. The Board may also require restoration of
stone walls and replanting of trees.
(2)
The decision of the Planning Board shall be made within
45 days of receipt of a properly filed request, unless a longer time
is agreed to by the applicant. A decision of the Planning Board shall
require a motion carried by a majority of Board members holding office
at the time of the vote, and shall be in writing. Said decision shall
be filed within 14 days of the decision with the Town Clerk; copies
of which shall be sent to the applicant, Select Board, Tree Warden,
Highway Surveyor, Conservation Commission, Historical Commission,
and those persons who have requested a copy of the decision. If a
bond is required, the Town Treasurer shall hold the bond and copies
shall be sent to the Planning Board and Tree Warden.
[Amended 10-1-2018 ATM
by Art. 14]
F.
Utilities. The procedures of these regulations shall
not apply to maintenance and operation of utilities.
G.
Considerations. In acting in regard to a scenic road,
the Planning Board shall consider the following:
(1)
Preservation of natural and cultural resources;
(2)
Environmental and historical values;
(3)
Preservation of scenic and aesthetic characteristics;
(4)
Removal of invasive species;
(5)
Public safety;
(6)
Traffic volume and congestion;
(8)
Compensatory actions proposed, such as revision to
avoid or reduce damage to trees or stone walls;
(9)
Financial and other consequences of design revision
to avoid or reduce damage to trees or stone walls;
(10)
Evidence contributed by abutters, Town boards
and commissions, and other interested parties; and
(11)
Other sound planning principles.
H.
Enforcement.
(1)
Filing requirement. Failure to file with the Tree Warden and Planning Board, if deemed necessary by the Tree Warden, for permission to cut or remove trees or for destruction of any portion of a stone wall within the layout of the scenic road shall require an immediate filing as detailed in Subsection A, Filing.
(2)
Compliance.
(a)
The applicant shall be required to restore the
features if required by the Planning Board and Tree Warden. This restoration
shall consist of replacing the stone wall as necessary and replacing
the trees cut on an inch -per-inch basis (combined area of the replacement
trees measured four feet above ground level to equal total area of
the original tree trunk as measured at the stump) at locations specified
by the Planning Board with direction from the Tree Warden.
(b)
Failure to comply with the duly issued decision
of the Planning Board shall be subject to restoration as detailed
above and other remedial measures the Planning Board deems necessary,
including, but not limited to, the enforcement of the bonding and
restoration as detailed above. Any decision not exercised within two
years of issue shall be void and require new filing.
(3)
Determination of applicability. In historic ways or
other ways where the right-of-way width is considered "variable,"
the width of the right-of-way shall be determined by the Highway Surveyor,
based on the statutory provisions of MGL C. 87, § 1.
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"Chapter 87, Section 1 — Public Shade
Trees Defined. All trees within a public way or on the boundaries
thereof including trees planted in accordance with the provisions
of Section 7 shall be public shade trees; and when it appears in any
proceeding in which the ownership of or rights in a tree are material
to the issue, that, from length of time or otherwise, the boundaries
of the highways cannot be made certain by records or monuments, and
that for that reason it is doubtful whether the tree is within the
highway, it shall be taken to be within the highway and to be public
property until the contrary is shown."
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(4)
Fines . Any fines permitted by MGL C. 40, § 15C, or other statutes such as Chapter 87, §§ 1 through 13, or Chapter 242, § 7, may be assessed for violations of these regulations.
(5)
Enforcement. The Planning Board and the Tree Warden
shall have the authority to enforce the provisions of these regulations.
