The Scenic Roads Act, MGL c. 40, § 15C, allows Town
Meeting, upon recommendation or request of the Planning Board, Conservation
Commission, or Historical Commission to designate any road within
the Town, other than a numbered route or state highway, as a scenic
road.
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 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 under 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.
The purposes of these regulations are the following:
A. To maintain
the natural beauty that currently exists along scenic roads in Blackstone.
B. To maintain
and enhance the rural character of the Town and encourage compatibility
with existing roadside features.
C. To implement
more fully the provisions of the Scenic Road Act, with acknowledgement
that roads serve a transportation function for pedestrians, equestrians
and nonmotorized as well as motorized vehicles.
In the absence of contrary meaning established through legislation
or judicial action pursuant to MGL c. 40, § 15C, these terms
contained in that statute shall be construed as follows:
CUTTING OR REMOVAL OF TREES
Shall not be construed to include clearing of nuisance growth,
routine or emergency tree maintenance which removes only permanently
diseased or damaged limbs, trunks or roots and dead whole trees, or
thinning out of overcrowded trees as determined by the Tree Warden,
but shall mean removal of one or more trees, cutting of major branches
or cutting of roots, including such cutting or removal done in contemplation
of, or following, repair, maintenance, reconstruction or paving work
for a road.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING-WORK
Any such work done within the right-of-way by any person
or agency, public or private. Construction of new driveways, bicycle
paths, roadside paths/sidewalks or alterations of existing ones, is
also included to the extent such work takes place within the right-of-way.
Except as allowed in the preceding paragraph, roadside cutting for
clearance for vehicles or for improvement of line-of-sight shall also
be included within this definition.
ROAD
A vehicular traveled way plus its necessary appurtenances
within the entire right-of-way, not just the paved surface, including
bridge structures, drainage systems, retaining walls, traffic control
devices, pedestrian facilities, and the air space above them, but
not intersecting streets or driveways.
STONE WALLS
Shall not be construed to include assemblages of stone involving
less than one cubic foot of wall material per linear foot nor totaling
less than five feet in length. All stone walls within the entire right-of-way
of a scenic road or on the boundaries thereof shall be subject to
these regulations; if, for whatever reason, it is uncertain whether
the stone wall is within such right-of-way of the scenic road, it
shall be taken to be within the coverage of these rules and regulations
until the contrary is shown.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
Shall not be construed to include temporary removal and replacement
within a reasonable period of time, not to exceed 60 days, at the
same location with the same materials and consistent with the original
character of the wall.
TREES
Any trees (not bushes) having a trunk diameter of four inches
or larger at one foot above the ground. All trees within the right-of-way
of a scenic road or on the boundaries thereof shall be subject to
these regulations; if, for whatever reason, it is uncertain whether
the tree is within the right-of-way of the scenic road, it shall be
taken to be within the coverage of these rules and regulations until
the contrary is shown.
Planning Board hearings shall be held in conjunction with those
held by the Tree Warden acting under MGL Ch. 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 limit or restrict the Tree Warden's powers
and duties under MGL Ch. 87.
In acting in regard to a scenic road request, the Planning Board
shall consider the following:
A. Scenic
and aesthetic characteristics;
C. Accident
history within 500 feet of tree(s) and stone walls at issue;
D. Location
and setback of utility poles in relation to the pavement, trees and
stone walls;
E. Traffic
volume, congestion and posted speed limit;
F. Preservation
of natural resources;
G. Environmental
and historical values;
H. Recreational
uses of road, taking into account the nature and extent;
I. Relationship
of the road design to the standards of the Planning Board's Subdivision
Rules and Regulations, but recognizing that a variance from standard
should be allowed when a road has been designated scenic by the Townspeople;
J. Compensatory
actions proposed, such as replacement of trees or walls;
K. Existence
or absence of reasonable alternatives (including a no-build alternative);
L. Consistency
with articulated Town policies;
M. Financial
and other consequences of design revision to avoid or reduce damage
to trees or stone walls;
N. Evidence
contributed by abutters, Town agencies, and other interested parties;
and
O. Other sound
planning principles.
Whenever both the Scenic Road Act and the Public Shade Tree
Act (MGL Ch. 87) apply, notice shall be given and the Planning Board
hearing shall be held in conjunction with the hearing held by the
Tree Warden acting under the Public Shade Tree Act. The consent of
the Planning Board to a proposed action shall not be regarded as implying
consent by the Tree Warden, or vice versa. The Planning Board decision
shall contain a condition that no work may be done until all applicable
provisions of MGL Ch. 87 have been complied with.
The following roads within the Town of Blackstone have been
designated as scenic roads under the Scenic Road Act, MGL c. 40, § 15C,
as of the date of the adoption of this chapter:
D. Mendon
Street (from Crestwood Drive to Mendon town line).