[HISTORY: Adopted by the Planning Board of the Town of Dalton. Amendments
noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 501.
A.
At a special Town meeting on March 1, 1993, it was moved,
seconded and voted unanimously that the Town, pursuant to the recommendation
of the Planning Board, designate Gulf Road, from Park Avenue to the Pittsfield
Town line as a scenic road under the provisions of MGL c. 40, § 15C,
and the Planning Board was instructed to establish regulations for exercising
its responsibilities thereunder, taking into consideration sound planning
principles and preservation of aesthetic and natural resources of the community.
B.
These scenic road regulations shall apply to any Town
road which may be designated as a scenic road in the future.
C.
Massachusetts General Laws, Chapter 40, § 15C,
states that, 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 the prior
written consent of the Planning Board, after a public hearing duly advertised
twice in a newspaper of general circulation in the area, as to time, date,
place and purpose, the last publication to occur at least seven days prior
to such hearing; provided, however, that when a public hearing must be held
under the provisions of this section and MGL c. 87, § 3, prior to
the 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 MGL c. 87, § 3.
In the absence of contrary meaning established through legislative or
judicial action, the following terns contained in MGL c. 40, § 15C,
or used herein shall be defined as follows:
The removal of one or more trees, trimming of major branches, or
cutting of roots, but not cutting of dead trees, dead branches, or branches
damages by storms or other natural causes.
Any work done within a scenic road layout by any person or agency,
public or private. Included within this definition is any work on any portion
of the scenic road layout which was not physically commenced at the time the
road was designated as a scenic road. Construction of new driveways or alteration
of existing driveways is also included, insofar as it takes place with the
scenic road layout.
Any right-of-way used and maintained as a public way, including the
vehicular traveled way plus necessary appurtenances within the right-of-way
such as bridge structures, drainage systems, retaining walls, traffic control
devices, and sidewalks. When the boundary of the right-of-way is in issue
so that a question arises as to whether or not certain trees or stone walls,
or portions thereof, are within or without the way, the trees or stone walls
shall be presumed to be within the way unless it is shown to the contrary
on the scenic road layout.
The destruction of more than one cubic foot of wall material, but
shall not be construed to include temporary removal and replacement at the
same location with the same materials.
A road so designated in accordance with MGL c. 40, § 15C,
and these regulations.
The land area shown on a plan within the right-of-way of a scenic
road which is subject to the provisions of these regulations adopted under
the authority of MGL c. 40, § 15C.
Includes a tree whose trunk has a diameter of four inches or more
as measured four feet above the ground.
These regulations are intended to ensure that trees and stone walls
along scenic roads will be protected and will not be altered except after
a public hearing following notification of interested parties and after consideration
of the work project by the Planning Board.
Upon the designation at Town Meeting of any road as a scenic road, the
Planning Board shall take the following steps to give effective notice of
such designation:
A.
Notify all municipal departments that may take action
with respect to such roads;
B.
Notify the State Department of Public Works;
C.
Cause a notice or informal article to be published in
a local newspaper stating that the road or roads have been so designated;
D.
Indicate such designation on the Zoning Map, Town of
Dalton, MA;
E.
Notify all utility companies or other such parties which
may undertake work within or on the border of such road.
A.
Filing. Any person, organization, public agency or utility
company contemplating any repair, maintenance, construction, reconstruction
or paving of the scenic road which involves or includes the cutting or removal
of trees, the tearing down or destruction of stone walls, or portions thereof
within the scenic road layout shall first obtain the written consent of the
Planning Board by filing a request for such work with the Planning Board,
including the following information:
(1)
A plan (three copies) showing the proposed work and the
extent of alterations or removal of trees or stone walls.
(a)
The plan shall be drawn at a scale of one inch equals 40 feet
or to a scale approved by the Planning Board, and shall show the name of the
street or streets, the lines of the scenic road layout, North arrow, names
of abutters within 100 feet of the proposed work and suitable space to record
the action of the Planning Board and signatures of the five members of the
Board;
(b)
In instances where relatively minor alterations are proposed,
as an alternative to the submission of the above-referenced plans, the Planning
Board may accept prints of the approved scenic road layout with the proposed
minor alterations clearly indicated thereon;
(2)
The text of the proposed legal notice identifying the
location of the proposed action in terms enabling readers to locate it with
reasonable clarity without need for additional plans or references, and describing
in reasonable detail the proposed changes to trees and/or stone walls;
(3)
A statement of the purpose, or purposes, for the changes
proposed;
(4)
A list of owners of properties located in whole or in
part within 100 feet of the proposed action;
(5)
Except in the case of Town agencies, payment of $150
to cover the cost of advertising and notification; and
(6)
Any further explanatory material as may be required by
the Planning Board.
B.
Notice. The Planning Board shall, as required by statute,
give notice of a public hearing regarding the proposed action by advertising
twice in a newspaper of general circulation in the Town. This notice shall
contain a statement as to the date, time, place and purpose of the hearing
with a reasonable description of the action proposed by the applicant. Copies
of this notice shall also be delivered to the offices of the Select Board,
the Conservation Commission, and the owners of the property within 100 feet
of the proposed action.
C.
Timing of notice and hearing. The first publication of
the notice shall be made as soon as feasible after the Planning Board receives
the request from the applicant, and shall in all cases be made at least 14
days before the date of the hearing. The last publication shall occur, as
required by statute, at least seven days prior to the hearing. The Planning
Board shall hold a public hearing within 45 days of the date upon which a
properly filed request is received.
D.
Timing of decision. Within 21 days after the public hearing
the Planning Board shall render a written decision on the request.
E.
Tree Warden. Whenever a public hearing concerning the
proposed action is also required to be held by the Tree Warden pursuant to
Massachusetts General Laws Chapter 87 (the Public Shade Tree Law), the Planning
Board and the Tree Warden hearing shall be consolidated and notice thereof
given by the Tree Warden in accordance with the provisions of Massachusetts
General Laws Chapter 87. The consent of the Planning Board to a proposed action
shall not be regarded as inferring consent by the Tree Warden and 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, Massachusetts
General Laws Chapter 87, have been complied with.
The Planning Board's decision on any application for proposed action
affecting scenic roads shall be based on consideration of the following criteria:
A.
The degree to which the proposed action would adversely
affect the scenic and aesthetic values upon which the scenic road designation
was originally based;
B.
The necessity for the proposed action in terms of public
safety, welfare or convenience;
C.
Compensatory actions proposed, such as replacement of
trees or walls;
D.
Availability of reasonable alternatives to the proposed
action which could reduce or eliminate anticipated damage to trees of stone
walls;
E.
Whether the proposed action would compromise or harm
other environmental or historical values; and
F.
Consistency of the proposed action with previously adopted
Town plans and policies.
The Select Board is responsible for the enforcement of these rules and
regulations. Whoever violates any provisions of these regulations shall be
liable to a fine of not more than $3,000 for each citation for any violation.
Each tree trimmed or removed or cubic foot of stone wall torn down or destroyed, as defined in § 502-2, shall constitute a separate violation.
