Scenic Roads 1

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BYLAW: Scenic Roads

MUNICIPALITY: Barnstable, Massachusetts.

DATE ADOPTED: Adopted in 1983, approved on February 4, 1984.

PURPOSE: To protect the scenic quality and character of certain Town roads by establishing regulations that control physical alterations within public rights of way.

FOR MORE INFORMATION ON THIS BYLAW:
Barnstable Planning Department, (508) 862-4685

TEXT OF THE BYLAW

Section 1: DEFINITIONS
In the absence of contrary meaning established through legislative orjudicial action pursuant to M.G.L. Chapter 40, Section 15C, the followingterms contained in that statute shall be defined as follows:
1.1 Cutting or Removal of Trees
Shall mean the removal of one or more trees.
1.2 Repair, Maintenance, Reconstruction or Paving Work
Shall mean any work done within the right-of-way by any person or agency,public or private. Within this definition in any work on any portion of theright-of-way which was not physically commenced at the time the road wasdesignated as a scenic road. Construction of new driveways or alteration ofexisting ones is included, insofar as it takes place within theright-of-way.
1.3 Roads Shall mean a right-of-way of any way used and maintained as apublic way including the vehicular traveled way plus necessaryappurtenances within the right-of-way such as bridge structures, drainagesystems, retaining walls, traffic control devices, and sidewalks, but notintersecting streets or driveways. When the boundary of the right-of-way isan issue so that a dispute arises as to whether or not certain trees orstonewalls or portions thereof are within or without the way, the trees andstonewalls shall be presumed to be within the way until the contrary isshown.
1.4 Tearing Down or Destruction of Stone Walls
Shall mean the destruction of more than 15 linear feet of stone wall involving morethan one cubic foot of wall material per linear foot above existing grade, butshall not be construed to include temporary removal and replacement at thesame location with the same materials.
1.5 Trees
Shall include any living tree whose trunk has a diameter offour inches or more as measured one foot above the ground.Section.

Section 2. PURPOSE
To protect the scenic quality and character of certain Town roads, thefollowing regulations are established to control alterations that can takeplace within public rights of way. Section

3: SCENIC ROADS
The Town may from time-to-time designate appropriate roads within theTown aesthetic roads by Town Council vote.

3.2 Control Within the public right of way of designated roads the tree warden or hisdesignee may approve the cutting or removal of up to three trees per 200linear feet of right of way. Within the public right of way designated roads,the following activities shall require written approval of the Planning Board inaccordance with the provisions of this ordinance:
1. The tearing down, painting or destruction of stone walls;

2. The cutting or removal of trees the scope of which is outside the
responsibility of the tree warden, as defined above;

3. Repair, maintenance, reconstruction or paving work, including the
construction of new driveways or alteration of existing ones, insofar as
they affect stone walls or trees within the public right of way, as defined
in "1" and "2" above.In cases where a threat to public safety does not allow sufficient timeto obtain approvals from the tree warden or the Planning Board, thePlanning Board must be notified within five business days of any actionwhich, had the treat not existed, would be a violation of this ordinance.

3.3 Hearings The Planning Board shall hold a public hearing within thirty (30) daysof receipt of an application, and shall approve, conditionally approve ordeny an application within sixty (60) days of receipt. In making itsdecision, the Planning Board shall consider the following criteria andshall not grant approval if the proposed action will be in violation of oneor more of them:
1. preservation of historic values;
2. preservation of scenic and aesthetic quality of the area;
3. protection of natural resource and environmental systems;
4. public safety;
5. compatibility with surrounding neighborhood.

3.4 Compensatory Actions Since the purpose of these regulations is to protect the scenic qualityand character of designated roads, such as the planting of new trees or thereconstruction of stone walls in making its decision. If the overall effectof the proposed alteration, including compensatory action, is to maintainor improve the scenic quality and character of the road, the Board maygrant approval that otherwise would be denied.

3.5 Notice The Planning Board shall, as required by statute, give notice of itspublic hearing by advertising twice in a newspaper of general circulationin the area. This notice shall contain a statement as to the time, date,place and purpose of the hearing with a reasonable description of theaction proposed by the applicant. Copies of this notice shall also be sentto the Town Manager, the conservation commission, the historicalcommission, the tree warden, the department of public works, and the ownersof property within 100 feet of the proposed action.

3.6 Public Shade Tree Act Whenever feasible, notice shall be given and Planning Board hearingsshall be held in conjunction with those held by the tree warden actingunder M.G.L. Chapter 87. The consent of the Planning Board to a proppedaction shall not be regarded as inferring consent by the tree warden, orvise versa. The Planning Board decision shall contain a condition that nowork should be done until all applicable provisions of the Public ShadeTree Law, M.G.L. Chapter 87, have been compiled with.

3.7 Designations of Scenic Roads The Planning Board, Conservation Commission, Old Kings Highway RegionalHistoric District Commission, and the Historical Commission may submitrecommendations for additions or deletions to the list of scenic roads,which must BE ACTED UPON by the Town Council. Any recommendation for"scenic road" designation must be accompanied by a written description ofthe characteristic of the road that require the protection afforded bythese regulations.

3.8 Enforcement The building inspector, tree warden, or others designated by the TownManager may issue a citation for violation of these regulations. A failureto respond to properly issued citations, of the issuance of three (3) ormore citations in a twelve (12) month period, or failure to takeresponsible compensatory action shall be construed as a major violation,subject to a fine of not more than one hundred dollars ($100.00). Each daythat such violation continued shall constitute a separate offense.

3.9 General The Planning Board may adopt additional regulations for carrying outprovisions hereunder.Adopted 1983 Fall An. B-6. Approved Feb. 4, 1984.