[HISTORY: Adopted by the Planning Board of the Town of Dover 9-20-1990,
amended in its entirety 1-24-1995. Subsequent amendments
noted where applicable.]
|
" Upon recommendation or request of the Planning Board, Conservation
Commission or Historical Commission of any city or Town, such city or Town
may designate any road in said city or 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, or if there is no Planning Board, the Selectmen of a Town,
or the city council of a city, 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 7 days prior to such hearing.
|
|
Designation of a road as a scenic road shall not affect the eligibility
of a city or Town to receive construction or reconstruction aid for such road
pursuant to the provisions of chapter ninety."
|
The Dover Planning Board has adopted this chapter with the following
objectives:
[Amended ATM 5-7-2002 by Art. 25]
Scenic roads by name and date of scenic road designation:
|
Bridge Street, 1991
|
|
Buttercup Lane, 1989
|
|
Centre Street, 1991
|
|
Church Street, 1991
|
|
Claybrook Road, 1975
|
|
Cross Street, 1975
|
|
Dedham Street, 1991, 2002
|
|
Dover Road, 1991
|
|
Farm Street, 1976
|
|
Glen Street, 1991
|
|
Hartford Street, 1991
|
|
Haven Street, 1989
|
|
Main Street, 1991
|
|
Mill Street, 1975
|
|
Old Meadow Road, 1991
|
|
Pegan Lane, 1975
|
|
Pine Street, 1975
|
|
Pleasant Street, 1991
|
|
Powissett Street, 1975
|
|
Smith Street, 1991
|
|
Springdale Avenue, 1991
|
|
Strawberry Hill Street, 1975
|
|
Taylor Lane, 1976
|
|
Walpole Street, 1991
|
|
Wight Street, 1991
|
|
Willow Street, 1975
|
|
Wilsondale Street, 1975
|
A.
The Planning Board, the Board of Selectmen, the Conservation
Commission, the Historical Commission or by petition of citizens of the Town
(consistent with petition requirements to place an Article on the Warrant)
may propose scenic road status for any road in Dover other than a numbered
route or state highway as a scenic road. The Planning Board shall hold a public
hearing on the petition, notifying the Selectmen, the Tree Warden, the Consulting
Engineer, the Superintendent of Streets, the Conservation Commission and the
Historical Commission, and advertising twice in a newspaper of general circulation,
the first advertisement at least 14 days prior to the date of the public hearing.
B.
The Planning Board shall make a recommendation to the
Town Meeting on the merits of designation of the proposed road as a scenic
street.
C.
A majority vote of Town Meeting is required for designation.
Such designation shall be effective as of the date of Town Meeting action.
Any work on any portion of the right-of-way of a scenic road which was not
physically commenced at the time the road was designated as a scenic road
shall conform to this chapter.
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:
Shall not be construed to include routine or emergency tree maintenance
which removes only permanently diseased or damaged limbs, trunks or roots
or whole trees as determined by the Tree Warden, or sound limbs, trunks or
roots of a tree with a diameter 1 1/2 inches or larger 1 foot above ground
level that hinders a public way as determined by the Tree Warden.
Any work done within the right-of-way by any person or agency, public
or private. Construction of new driveways or alterations of existing ones
is also included to the extent that such work takes place within the right-of-way.
The entire right-of-way including, but not limited to, a vehicular
traveled way, plus its necessary appurtenances with the right-of-way, including
bridge structures, drainage systems, retaining walls, traffic control devices,
pedestrian facilities and the air space above them, but not intersecting streets
or driveways. When the boundary of the right-of-way is in issue so that a
dispute arises as to whether or not certain trees or stone walls are within
the right-of-way, the boundary shall be determined in accordance with MGL
c. 86.
Shall not be construed to include assemblages of stone involving
less than 1 cubic foot of wall material per linear foot nor totaling less
than 5 feet in length.
Shall not be construed to include temporary removal and replacement
within 30 days at the same location with the same materials.
Any woody plants having a trunk diameter with a diameter of 1 1/2
inches or larger, 1 foot above the ground.
The Planning Board authority and jurisdiction shall be consistent with
MGL c. 40, § 15C. This chapter shall be controlling and may be amended
from time to time.
B.
Where stone walls exist, the maximum amount of stone
wall to be removed shall be the width of the driveway at the location of the
stone wall, plus 1 foot.
(1)
Removed stone shall be used to repair other sections
of the wall along the road.
(2)
No wall shall be cut without construction of an appropriate
terminus. Appropriate end points are shown in the attached diagram[2] and consist of a stone wall with tapered ends turning back onto
the lot along the drive, stone piers, granite posts or wooden posts (with
or without a gate).
[2]
Editor's Note: Said drawing is included at the end of this chapter.
C.
No tree with a trunk exceeding 8 inches in diameter four
feet above the ground level shall be cut for a driveway unless the curb cut
cannot be safely located otherwise; clusters of trees located within 6 feet
of each other with individual trunks of 6 inches in diameter 4 feet above
ground level shall not be cut for a driveway unless the curb cut cannot be
safely located otherwise.
D.
For each tree exceeding 4 inches in diameter 4 feet above
ground level removed, a tree in a species and location suitable to the Planning
Board shall be planted.
A.
Submission of request.
(1)
Any person or organization seeking consent of the Planning
Board under MGL c. 40, § 15C, (the Scenic Road Act) 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 submit a written request to the Planning
Board by filing such request[1] with the Town Clerk, with a copy to the Planning Board, together
with the following:
(a)
A plan showing the location and the nature of the proposed
action and a description of the proposed changes to trees and stone walls.
Two copies of the plan showing the proposed changes are required.
(b)
A statement of the purpose(s) for the changes.
(c)
A certified list of abutters located within 500 feet
of the proposed action. The list is to be obtained from the Assessors Office
and should reflect their most current records.
(d)
Except in the case of Town agencies, a filing fee of
$250 shall be paid.
(e)
Photograph(s) of the existing site showing the area to
be affected by work on the scenic road in question. All photographs must be
signed and dated by the applicant.
(f)
Any further explanatory material useful to adequately
inform the Planning Board prior to the public hearing.
[1]
Editor's Note: The Scenic Road Application is on file in the
office of the Planning Board and may be obtained during regular business hours.
(2)
Notice of submittal shall be filed with the Town Clerk
and a copy of the submittal transmitted to the Tree Warden after it is accepted
and signed for by the Planning Board or its staff.
B.
Tree Warden. Whenever feasible, Planning Board hearings
shall be held in conjunction with those 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 the reverse, nor shall execution
of this chapter in any way lessen the Tree Warden's duties as allowed,
under MGL c. 87.
C.
Notice.
(1)
The Planning Board shall, as required by statute, give
notice of its public hearing by advertising twice in a newspaper of general
circulation in the area, the last publication at least 7 days prior to the
public hearing. This notice shall contain a statement as to the time, date,
place and purpose of the hearing, with a description of the action proposed
by the applicant. Copies of this notice shall be sent to the applicant, the
Selectmen, the Tree Warden, the Consulting Engineer, the Conservation Commission,
the Historical Commission and the owners of property located within 500 feet
of the proposed action.
(2)
In the event that the Planning Board holds a joint hearing
with the Tree Warden acting under MGL c. 87, the advertisement shall be made
jointly by the Planning Board and the Tree Warden.
D.
Timing. The Planning Board shall hold a public hearing
within 45 days from the date on which notice of submittal is received by the
Town Clerk.
E.
Decision.
(1)
The Planning Board shall make a decision within 60 days
from the date on which notice of submittal is received by the Town Clerk unless
a longer time is agreed to by the applicant.
(2)
In rendering its decision, the Planning Board shall consider
the application based on compliance with the Scenic Road Act and the following
considerations.
(3)
The Planning Board may require sufficient bond to be
posted to cover the costs of required work within the road right-of-way and
to protect existing vegetation and stone walls. Such bonding shall be specified
in the Board's decision.
(4)
The decision of the Planning Board shall be filed within
14 days of the close of the public hearing with the Town Clerk; copies of
which shall be sent to the applicant, the Selectmen, the Tree Warden, the
Consulting Engineer, the Building Inspector, the Conservation Commission,
the Historical Commission and those persons who have requested a copy of the
decision.
In acting in regard to a scenic road, the Planning Board shall consider
the following:
A.
Preservation of natural resources;
B.
Environmental and historical values;
C.
Scenic and aesthetic characteristics;
D.
Public safety;
E.
Traffic volume and congestion;
G.
Compensatory actions proposed, such as replacement of
trees or walls;
H.
Financial and other consequences of design revision to
avoid or reduce damage to trees or stone walls;
I.
Evidence contributed by abutters, Town agencies and other
interested parties; and
J.
Other sound planning principles.
A.
Filing requirement. Failure to file with the Planning
Board for permission to cut or remove trees or for destruction of any portion
of a stone wall within the layout of the scenic road will require an immediate
filing as detailed above and shall be subject to restoration of the features.
This restoration shall consist of replacing the stone wall as necessary and
replacing the trees cut on a square-inch per square-inch basis at locations
specified by the Planning Board. A square-inch per square-inch replacement
means that the combined area of the replacement trees measured 1 foot above
ground level must equal the total area of the original tree trunk as measured
at the stump.
B.
Compliance. Failure to comply with the duly issued decision
of the Planning Board shall be subject to restoration as detailed above and
other remedial measures the Planning Board deems necessary, including, but
not limited to, the enforcement of the bonding and restoration as detailed
above. Any decision not exercised within 2 years of issue shall be void and
require a new filing.
C.
The Planning Board and the Tree Warden shall have the
authority to enforce the provisions of this chapter.
