For terms not qualified or defined in MGL c.
40, § 15C, the following meanings shall apply for the purpose
of this chapter:
CUTTING OR REMOVAL OF TREES
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.
REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING WORK
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.
ROAD
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.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
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.
TREES
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:
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.
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;
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.