As used in this chapter, the following terms
shall have the meanings indicated: In the absence of contrary meaning
established through legislative or judicial action pursuant to MGL
c. 40, § 15C, these terms contained in that statute and
herein shall be construed as follows:
CUTTING OR REMOVAL OF TREES
The destruction of more than one tree having a trunk diameter
four inches or more measured one foot from the ground. Trimming of
roots sufficient in the Tree Warden's opinion to cause eventual
destruction of a tree is included in this definition.
ROAD
The entire right-of-way of a vehicular traveled way plus
its necessary appurtenances, including bridge structures, drainage
systems, retaining walks, 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. 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 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,
but shall not be construed to include temporary removal and replacement
at the same location with the same materials.
In acting on scenic roads, the Planning Board
shall take into consideration the following:
A. Preservation of natural resources.
B. Environmental and historical values.
C. Scenic and aesthetic characteristics.
E. The characteristics of local residential traffic and
resident expectations.
F. Relationship of road design to the standards of the
Planning Board's Subdivision Regulations and of the Massachusetts DPW.
G. Compensatory actions proposed, such as replacement
of trees or stone walls.
H. Functional urgency of the repair, maintenance, reconstruction
or paving.
I. Financial and other consequences of design revision
to avoid or reduce damage to trees or stone walls.
J. Additional evidence contributed by abutters, City
agencies and other interested parties.
K. Other sound planning considerations.
The Planning Board shall, within 60 days of
receipt of a properly filed request, submit a written determination
of consent or denial to the applicant and a copy to the City Clerk
and the City Council. A report of denial shall include an indication
of what modifications, if any, would lead to consent.