[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wakefield 4-7-2003 by Art. 26. Amendments noted where applicable.]
A.
Authority. This chapter is adopted under authority
of MGL c. 40, §§ 15C and 21, and Article II and Article
LXXXIX, Section 6 of Articles of Amendment of the Constitution of
the Commonwealth of Massachusetts.
B.
Purpose. The purpose of this chapter is to maintain
the natural, historic and scenic character of the Town's roadways.
The chapter ensures that:
(1)
Town ways will be recommended for designation as scenic
roads in accordance with the criteria stated in this chapter; and
(2)
Trees and stone walls within the rights-of-way or
layout of all designated scenic Town roads will not be altered without
a public hearing required by, nor without following the other procedures
set forth in this chapter.
For terms not qualified or defined in MGL c.
40, § 15C, the following meanings shall apply for the purpose
of this chapter:
The removal of one or more trees, trimming of major branches,
or cutting of roots sufficient in the Tree Warden's written opinion
to cause eventual destruction of a tree.
Any work done within the right-of-way by any person or agency,
public or private. Construction of new driveways or alteration of
existing ones is included, insofar as it takes place within the right-of-way.
Construction or alteration of water, sewer, electric, telephone, cable
TV, or other utilities within the right-of-way is also included.
The entire right-of-way of a vehicular traveled right-of-way,
including any necessary appurtenances, including bridge structures,
drainage systems, retaining wails, traffic control devices, and sidewalks,
but not intersecting streets or driveways. The right-of-way includes
the area on and within the boundaries of the public way. If the boundaries
are not officially known, any affected tree or stone wall shall he
presumed to be within the public right-of-way until shown to be otherwise.
The destruction of more than 10 linear feet of stone wall
involving more than one cubic foot of wall material per linear foot
above existing grade. Temporary removal and replacement at the same
location with the same materials is permitted without Planning Board
approval if the Public Works Department is notified before the work
begins so that it can confirm that the wall is properly replaced.
The repair of a stone wall, not involving tearing down or destruction
of the wall, is not covered by this chapter.
Includes any tree with a trunk diameter of four inches or
more, as measured four feet above ground. Nothing in this definition
shall be construed to permit a person, other than the Tree Warden
or his deputy, to trim, cut down or remove a public shade tree more
than 1 1/2 inches in diameter, one foot from the ground.
In determining which roads or portions of roads
should be recommended to Town Meeting for designation as scenic roads,
the following criteria should be considered:
A.
Overall scenic beauty;
B.
Contribution of trees to scenic beauty;
C.
Contribution of stone walls to scenic beauty;
D.
Age and historic significance of roads, trees, and
stone walls;
E.
Built features such as historic buildings, historic
monuments, historic burial grounds, historic structures, farm buildings
and fencing; and
F.
Road features such as historic layout, surface, carriage
width, use restrictions, nonhistoric bridges.
[Amended 11-5-2018 RTM
by Art. 17]
The Planning Board, the Town Council, the Conservation
Commission, the Historical Commission, or a petition of 10 citizens
of the Town may propose a "scenic road" designation for any Wakefield
road other than a numbered route or state highway as a scenic road.
The Planning Board then shall hold a public hearing notifying the
Town Councilors, the Tree Warden, the Public Works Department, the
Conservation Commission and the Historical Commission and the public
by advertising twice in a paper of general circulation, the first
advertisement to appear at least 14 days prior to the date of the
hearing. The Planning Board shall make a recommendation to Town Meeting
on the merits of designation of the proposed road as a scenic way.
No road shall be designated a scenic road by Town Meeting unless such
designation is favorably recommended by either the Planning Board,
Conservation Commission or Historical Commission. A 2/3 majority vote
of Town Meeting is required for designation. Following designation
by Town Meeting, the Planning Board shall:
A.
Notify all municipal departments that may take any
action with respect to such road;
B.
Notify the Massachusetts Department of Highway;
C.
Notify the Commissioners of Middlesex County;
D.
Indicate such designation on all maps currently in
use by municipal departments; and
E.
Notify all utility companies or other such parties
which may be working on the border of such road.
A.
Filing. Any person or organization or agency seeking
the consent of the Planning Board under MGL c. 40, § 15C,
regarding road repair, maintenance, reconstruction, or paving work
that may involve the cutting or removal of trees or the tearing down
of stone walls, or portions thereof, shall file a request with the
Planning Board and submit the following information:
(1)
The text of the legal notice identifying the location
of the proposed action in terms enabling the readers to locate it
with reasonable specificity on the ground without the need for additional
plats or references, and describing in reasonable detail the proposed
changes to trees and stone walls;
(2)
A statement of the purpose, or purposes, for the proposed
action;
(3)
Plans, drawings or other explanatory reference material
showing the specific design or engineering details;
(4)
Except in the case of Town agencies, a fee sufficient
for the cost of advertising and notification; and
(5)
Any further explanatory material useful to adequately
inform the Planning Board.
B.
Notice. The Planning Board shall, as required by statute,
give notice of its public hearing by twice advertising in a newspaper
of general circulation in the area, with the first publication of
the notice to be at least 14 days prior to the hearing and the last
at least seven days prior to the hearing. Copies of the notice shall
be sent to the Town Councilors, Conservation Commission, Historical
Commission, Tree Warden and Public Works Department.
[Amended 11-5-2018 RTM
by Art. 17]
C.
Timing of the hearing. The Planning Board shall hold
a public hearing within 30 days of receipt of a properly filed request,
and shall make a decision within 45 days of that receipt, unless a
longer time is agreed to by the applicant.
D.
Reporting of decision. The Planning Board shall, within
45 days of receipt of a properly filed request, submit a written determination
of consent or denial to the applicant and send a copy thereof to the
Town Council and the Town Clerk.
[Amended 11-5-2018 RTM
by Art. 17]
E.
Approvals lapse in two years. Any decision not carried
out within two years of issue shall be void and shall require a new
filing.
F.
Public shade trees. Notice shall be given and Planning
Board hearings shall be held in conjunction with those held by the
Tree Warden acting under MGL Chapter 87, Consent to an action by the
Planning Board shall not be construed as consent by the Tree Warden
or vice versa. A Planning Board decision shall contain a condition
that no work shall take place until all the applicable provisions
of MGL Chapter 87 have been complied with.
G.
Emergency repair. The procedures of this chapter shall
not apply when the Tree Warden acts in an emergency in accordance
with MGL Chapter 87 to remove fallen trees or limbs which cause an
obstruction to public travel or a dangerous situation with respect
to utility lines.
H.
Municipal maintenance and improvements.
(1)
The procedures of this chapter shall not apply to
Town Departments when performing routine maintenance of trees, such
as: trimming and pruning, removal of tree roots to allow the relocation
or installation of utilities in the traveled way, removal of tree
roots to allow for roadway maintenance, such as: basin repair, patching,
and overlays; removal of tree roots to avoid tripping hazards, and/or
removal of tree roots to comply with state or federal laws pertaining
to the installation of handicap accessible ramps.
(2)
If an individual tree needs to be removed to allow
Town departments to install or relocate utilities or comply with state
or federal laws, the department will follow the requirements of MGL
Chapter 87. If more than one tree needs to be removed the procedures
of this chapter will apply.
(3)
Full roadway reconstruction projects will follow the
requirements of this chapter.
In acting on applications concerning scenic
roads, the Planning Board shall take into consideration the following:
A.
Preservation of natural resources;
B.
Preservation of historic resources;
C.
Scenic and aesthetic characteristics;
D.
Environmental values;
E.
Public safety;
F.
Local residential traffic patterns and overall traffic
volume and congestion;
G.
Compensatory actions proposed, such as tree and wall
replacement;
H.
Functional importance and urgency of repair, maintenance,
reconstruction, or paving;
I.
Additional evidence contributed by abutter, Town agencies,
and other interested parties;
J.
Existence or absence of reasonable alternatives; and
K.
Other planning information.
A.
At a minimum, driveways shall be consistent with Wakefield
regulations for residential driveways and curb cuts and shall comply
with this chapter.
B.
Only one driveway cut per lot onto any scenic road
shall be allowed. A new driveway on a scenic road shall not exceed
12 feet in width.
C.
Stone wall sections to be removed for a driveway shall
not exceed the driveway width by more than one foot.
D.
No tree with a trunk exceeding eight inches in diameter,
four feet above the ground, shall be removed for a driveway unless
the curb cut cannot be safely located elsewhere.
A.
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 any scenic road will require an immediate
filing as detailed above and the applicant shall be required to restore
the features if required by the Planning Board.
B.
Restoration of a stone wall shall consist of replacing
the stone wall that was removed without approval, at locations specified
by the Planning Board.
C.
Trees cut without approval shall be replaced on a
square-inch per square-inch basis, at locations specified by the Planning
Board. The combined area of the replacement trees, measured one foot
above ground level, must equal total area of the original tree trunk,
as measured at the stump.
D.
Failure to comply with duly issued decision of the
Planning Board shall be subject to restoration as detailed above and
other remedial measures that the Planning Board deems necessary, including,
but not limited to the enforcement of the restoration measures as
stated above.
E.
Any decision not carried out within two years of issue
shall be void and shall require a new filing.
F.
Either the Planning Board or the Tree Warden shall
have the authority to enforce the provisions of this chapter.
G.
Any violation of this chapter, MGL c. 40, § 15C,
or a Planning Board decision issued under this chapter or MGL c. 40,
§ 15C, shall be punishable by a fine not to exceed $300
per violation.
