[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as Article XXVI of the 1973 General Bylaws, as
updated through 2002. Subsequent amendments noted where applicable.]
The Town of Walpole adopts the following bylaw
pursuant to MGL c. 40, § 15C, so as to accomplish the following
purposes and considerations:
A.
Preservation of natural resources;
B.
Environmental and historical values;
C.
Scenic and aesthetic characteristics;
D.
Public Safety;
E.
Traffic volume and congestion;
F.
Relationship of road design to the standards of the
Walpole Planning Board's Subdivision Regulations and of the Massachusetts
Highway Department;
G.
Compensatory actions proposed such as replacement
trees or wall;
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.
Evidence contributed by abutters, Town agencies and
other interested parties;
K.
Other sound planning consideration.
Shall mean the destruction of one or more tree trunks of
a diameter of four inches or more measured one foot from the ground,
or for the cutting of any branches resulting in the reduction of 10%
or more of a tree or trees.
Shall mean a right-of-way of any way including the vehicular-traveled
way plus its necessary appurtenances within the right-of-way including
bridge structures, drainage system, retaining walls, traffic control
devices, and sidewalks, but not intersecting streets or driveways.
Shall mean the destruction of more than 15 linear feet of
stone wall involving more than one cubic foot of wall material per
linear foot above existing grade, but shall not be construed to include
temporary removal and replacement at the same location with the same
materials.
A.
Filing. Any person or organization seeking the consent
of the Planning Board pursuant to this bylaw regarding the cutting
or removal of trees or the tearing down or destruction of stone walls,
or portions thereof, in connection with the repair, maintenance, reconstruction
or paving work on Scenic Roads, shall, through the Select Board, submit
a request to the Planning Board together with the following:
[Amended 10-21-2019 FATM, Art. 20]
(1)
The text of a legal notice identifying the location
of the proposed action in terms enabling readers to reasonably locate
it on the ground without need for additional plats or references,
and describing the proposed changes to trees and stone walls;
(2)
A list of the owners of land abutting the scenic road
on which the proposed work is to be performed, and, if the proposed
work is only for a section of a scenic road, a list of the owners
of land abutting and within 100 feet of the section;
(3)
Except in the case of Town agencies, a deposit sufficient
for the cost of advertising and notification;
(4)
A plan and explanatory material found adequate by
the Town Engineer to inform the Planning Board prior to the public
hearing, showing the trees and walls to be affected;
(5)
A certificate by the petitioner attesting to the marking
of all trees and walls to be affected, sufficient to enable the Board
and all interested parties to identify those trees and walls. Notice
of submittal shall be concurrently filed with the Town Clerk.
B.
Notice. The Planning Board shall, as required by MGL
c. 40, § 15C, give notice of its public hearing by twice
advertising in a newspaper of general circulation in the area. The
Board shall also send copies of that notice to the Select Board members,
Conservation Commission, Historical Commission, Town Engineer, Tree
Warden, Department of Public Works, and owners of property within
100 feet of the proposed action.
[Amended 10-21-2019 FATM, Art. 20]
C.
Timing. The Planning Board shall hold a hearing within
30 days from the date on which notice of submittal is received by
the Town Clerk, and shall issue a decision within 45 days of that
receipt, unless a longer time is agreed to by the applicant.
D.
Tree Warden. Whenever feasible, Planning Board hearings
shall be held in conjunction with those to be held by 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
vice versa.
E.
Planning Board regulations. The Planning Board is
authorized to adopt such regulations as it deems necessary and proper
in carrying out its duties under this bylaw.
F.
Enforcement. No person shall perform any repairs,
maintenance, construction, reconstruction or paving on any road designated
as a Scenic Road, involving the cutting or removal of trees or the
tearing down or destruction of a stone wall or portion thereof along
any road designated as a scenic road, without the prior written consent
of the Planning Board as set forth in this bylaw. The provisions of
this bylaw shall be enforced by the Tree Warden and any police officer
of the Town of Walpole.
[Amended 5-11-2005 SATM, Art. 63]
A violation of this bylaw shall be punished
by a fine of $300. Each day in violation of this bylaw shall be considered
a separate offense. This bylaw may be enforced through criminal complaint
or by noncriminal disposition in accordance with MGL c. 40, § 21D.
