[HISTORY: Adopted by the Planning Board of the Town of Northbridge
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-1985]
The following fees shall be charged by the Planning Board:
These Rules & Regulations are adopted by the Northbridge
Planning Board, hereinafter called the Board, as the Permit Granting
Authority as provided for in M.G.L., c. 40, § 15C and Section
6-200 [Scenic Roads] of the Code of the Town of Northbridge, for the
purpose of establishing uniform rules and procedures for the regulation
of certain types of work within the public right-of-way of designated
Scenic Roads.
The purpose of these Rules & Regulations is to ensure that
roads designated as Scenic Roads will not be altered without following
proper procedures and without adherence to proper consideration.
In the absence of contrary meaning established through legislative
or judicial action pursuant to Massachusetts General Law Chapter 40,
Section 15C, the following terms shall be defined as follows:
3.1
CUTTING OR REMOVAL OF TREES -shall mean
the removal of one or more trees and/or the removal of tree limbs
having a diameter greater than four inches.
3.2
REPAIR, MAINTENANCE, RECONSTRUCTION,
OR PAVING WORK -shall mean any work done within the right-of-way of
a road by any person, or public or private agency. This definition
includes the construction of new driveways or alteration of existing
driveways that takes place within the right-of-way.
3.3
ROAD -shall mean any way used and maintained
as a public way including the vehicular traveled way plus necessary
appurtenances within the right-of-way such as bridge structures, drainage
systems, retaining walls, traffic control devices, and sidewalks.
When the boundary of the road is in question, the trees and stone
walls shall be presumed to be within the way until the contrary is
shown.
3.4
TEARING DOWN OR DESTRUCTION OF STONE
WALLS -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. Tearing down or destruction of stone walls
shall not be construed to include temporary removal and replacement
of walls at the same location with the same materials. Reconstructed
portions of stone walls shall match the existing wall.
3.5
TREES -shall include any living tree
whose trunk has a diameter of four inches or more as measured one
foot above the ground level.
4.1
OFFICIAL APPLICATION FORM. Any person,
organization, or municipal agency seeking a permit from the Planning
Board pursuant to Section 6-200 [Scenic Roads] of the Code of the
Town of Northbridge for the cutting or removal of trees or the tearing
down or destruction of stone walls within a public right-of-way, or
portions thereof, shall file a Scenic Road Application Form.
4.2
CERTIFIED ABUTTERS LIST. A list of owners
of properties, as certified by the Assessors, located in whole or
in part within one hundred (100) feet of proposed action.
4.3
LOCATION OF WORK. A locus map of the
location of the proposed work within the right-of-way of the scenic
road, a Town of Northbridge Assessor's Map may be sufficient
for this purpose.
4.4
STATEMENT OF WORK. A written statement
which describes in reasonable detail the proposed work within the
right-of-way of the scenic road, including all proposed changes to
trees and/or stone walls as defined in the Scenic Road bylaw. No stones
are to be removed from work site. Stones shall be incorporated into
the design of the opening created.
4.5
PHOTOGRAPHS. Color photographs clearing
illustrating the proposed tree cutting/removal or tearing down and/or
destruction of stone walls.
4.6
NUMBER OF COPIES. At the time of application,
the applicant shall provide nine (9) copies of the Scenic Roads application
Form, plans, exhibits, analyses and any other information and/or attachments
with the Planning office. The Applicant shall also file one (1) full
copy of the application with the Office of the Town Clerk.
4.7
ADDITIONAL INFORMATION. The applicant
may submit additional information that they feel are relevant to properly
inform the Planning Board about the proposed work within the right-of-way
of the scenic road, which may include site plans, legal opinions,
deeds, historical data, studies and reports. To a reasonable degree,
the Board may also require additional information in addition to that
specifically required by Massachusetts General Law or these Rules
& Regulations.
In some cases, the Planning Board may request a site visit to
the site in which the work is proposed. The date and time for such
visit shall be satisfactory to both the Planning Board and applicant.
The Planning Board may request that any work subject to these Rules
& Regulations be clearly flagged or otherwise delineated prior
to the scheduled site visit.
Application fee of $100.00 shall be required. All expenses for
advertising, publication of notices, engineering, professional planning
review, legal review, plans, inspection of construction, recording
and filing of documents required by the Planning Board or its agent
shall be the responsibility of the applicant. The Board, at its discretion
may waive certain fees.
The Planning Board may transmit copies of the application, together
with such information as the Board deems appropriate, to the Tree
Warden, Highway Department, Police Department, Fire Department, Conservation
Commission, Historical Commission and Board of Selectmen for their
review and recommendation within twenty-one (21) days of the filing
of the application.
The Planning Board may also transmit copies of the application
to other Boards and Departments as it deems appropriate. Copies of
such reviews and recommendations shall be sent to the Planning Board,
provided however failure of any such Board or Department to make recommendations
prior to/or at the public hearing shall be deemed a lack of opposition.
These Rules & Regulations do not preclude compliance with
any other local, state or federal laws. Scenic Road applications may
require engineering review, engineer to be specified by the Planning
Board and fees to be borne by the applicant.
8.1
HEARING.
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A public hearing shall be held within thirty (30) days after
the date of filing of an application for work within a Scenic Road
with the Planning Board and Office of the Town Clerk. Notice of the
public hearing, which shall include the size, type and location of
the tree(s) and/or stone wall to be cut or removed shall
be given by publication in a newspaper of general circulation in the
Town of Northbridge once in each of two successive weeks, the last
publication of said notice to occur at least seven (7) days before
the day of such hearing.
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Notice shall also be sent by mail, postage prepaid, to the applicant
and abutters as described herein. In all cases, notice of such public
hearing shall be given by the Board. The required time limits for
a public hearing may be extended by written agreement between the
applicant and Board, which shall be filed in the Office of the Town
Clerk. The applicant shall be responsible for all expenses for hearing
notice and abutter notifications.
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8.2
RULES OF PROCEDURE FOR PUBLIC HEARINGS.
An applicant may appear in his/her own behalf or may be represented
by an authorized agent or attorney. In the absence of an appearance
on behalf of an applicant, without cause, the Board may make a decision
on the basis of available information otherwise received. The applicant
or duly authorized representative shall present evidence, testimony
and other information in support of the application. After the applicant's
presentation, the Board may question the applicant regarding the evidence,
testimony or other information presented. Any persons in attendance
shall then be given the opportunity to speak or provide testimony.
8.3
PUBLIC SHADE TREE LAW CONSOLIDATED PUBLIC HEARING. Massachusetts General Law Chapter 87 Section 1 defines all trees within a public way or on the boundaries thereof as public shade trees. When a public hearing must be held pursuant to the provisions of M.G.L., c.40, § 15C and M.G.L., c.87 § 3 (Public Shade Tree Law) prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the Tree Warden and Planning Board.
9.1
Considerations.
A.
The decision of the Planning Board on any application for proposed
action affecting scenic roads shall be based on consideration of the
following:
9.2
VOTE. The affirmative vote of a minimum
of three (3) members of the five (5) member Planning Board shall be
required to issue a permit authorizing work within the right-of-way
of a scenic road. The decision shall state clearly the specific findings
for the action and may include conditions consistent with the considerations
noted herein.
9.3
DECISION. The decision of the Board
shall be made and filed with the Office of the Town Clerk within thirty
(30) days following the close of the public hearing. The required
time limits for a public hearing may be extended by written agreement
between the Applicant and Board, which shall be filed in the Office
of the Town Clerk.
9.4
NOTIFICATION OF DECISION. A notice of
the decision shall be forwarded to the applicant and to persons present
at the public hearing requesting such notice.
9.5
PROVISION OF SECURITY. The Planning
Board may require that a performance guarantee be posted with the
Town in such form and amount as is required by the Board to secure
the satisfactory completion of all or any part of the work authorized
by a permit issued by the Board pursuant to these Rules & Regulations.
10.1
WAIVER OF FULL COMPLIANCE. Full compliance
with these Rules & Regulations may be waived by the Planning Board
provided such waivers are deemed to serve the public interest.
10.2
ADOPTION AND AMENDMENT. These Rules
& Regulations may be adopted and from time to time amended by
majority vote of the Planning Board. Prior to the initial adoption
of these Rules & Regulations and any subsequent revisions or amendments,
the Board shall hold a public hearing. Notice of the public hearing
shall be given by publication in a newspaper of general circulation
in the Town of Northbridge once in each of two successive weeks, the
first publication being not less than fourteen (14) days before the
day of such hearing.
10.3
SEVERABILITY. If any section, paragraph,
sentence, clause or provisions of these Rules & Regulations shall
be adjudged not valid, the adjudication shall apply to the material
so adjudged and the remainder of these Rules & Regulations shall
be deemed to remain valid and effective.
10.4
EFFECTIVE DATE. These Rules & Regulations
become effective when voted on affirmatively by a majority of the
Planning Board and filed with the Office of the Town Clerk.
The following lists of roads have been designated Scenic Roads
within the Town of Northbridge pursuant to MGL. CH. 40 Sec. 15C:
11.1
Castle Hill Road (May 13, 1975);
11.2
Fletcher Street /portion of (May 16,
1984); Fletcher Street -from the point 1,000 feet easterly of the
most easterly line at Elm Street and the westerly line of Keeler Road
11.3
Hill Street (January 28, 1986);
11.4
Cooper Road (January 28, 1986);
11.5
Kelly Road (January 28, 1986);
11.6
Old Quaker Street (January 28, 1986).
