This chapter is adopted for the purpose of carrying out the
authority granted to the Town under M.G.L. ch. 40, § 15C,
to protect designated scenic roads.
In the absence of contrary meaning established through legislative
or judicial action pursuant to M.G.L. ch. 40, § 15C, these
terms contained in that statute shall be construed as follows:
The destruction of one or more tree trunks of diameter six
inches or more measured four feet from the ground, or of more than
one tree trunk of diameter four inches or more measured four feet
from the ground, or of more than six limbs or roots of more than four
inches in diameter each where cut on a single tree.
Any such work done within the right-of-way by any person
or agency, public or private, including the construction or alteration
of the portion of private driveways within the right-of-way, but not
including utility work in trees not affecting the road itself.
A vehicular-traveled way plus its necessary appurtenances
within the right-of-way, including bridge structures, drainage system,
retaining walls, traffic-control devices, and sidewalks, but not intersecting
streets or driveways.
The destruction of more than 10 linear feet of stone wall
involving more than one cubic foot of wall material above existing
road grade per linear foot, but shall not be construed to include
temporary removal and replacement at the same location with the same
materials.
A.
Procedure. Any person or group of persons may appear before the Planning
Board, Conservation Commission, or Historical Commission to request
that a street be designated as a scenic road. Prior to making such
recommendation, the board or commission shall hold a public hearing
thereon, duly advertised according to the established procedures of
that board or commission, also noting the date, time, and place of
a site visit, if one is to be held. Designation is by majority vote
of Town Meeting.
B.
Considerations. The following shall be considered in making recommendations:
(1)
Historic significance of affected trees and walls.
(2)
Exceptional qualities of trees of age, spread, species, or specimen
size.
(3)
Bordering land uses, present and prospective, and how they impact
the importance of retaining trees and walls.
(4)
Feasibility of accomplishing the intent of the Scenic Roads Act in
light of road design and use.
C.
Designated roads. The following are designated as scenic roads:
|
Name of Street
|
Location
| |
|---|---|---|
|
Farm Street
|
From Hartford Avenue (Caryville) to the I-495 Bridge
| |
|
High Street
|
From Maple Street to North Main
| |
|
Maple Street
|
From Hartford Avenue to Mechanic Street
|
A.
Filing. Any person or organization seeking the consent of the Planning
Board under M.G.L. ch. 40, § 15C, regarding the cutting
or removal of trees or the tearing down or destruction of stone walls,
or portions thereof, in connection with repair, maintenance, reconstruction,
or paving work on scenic roads shall submit a request to the Planning
Board, together with the following:
(1)
The text of a legal notice identifying the location of the proposed
action in terms of enabling readers to reasonably locate it on the
ground without need for additional plats or references and describing
the proposed changes to trees and stone walls.
(2)
A list of the owners of land that is both abutting the affected street
and located in whole or in part within 300 feet of the affected section.
(3)
Except in the case of Town agencies, a deposit sufficient for the
cost of advertising the notification.
(4)
A plan and explanatory material describing the proposed action, restoration,
any compensatory efforts proposed, and proposed performance security.
B.
Notice. Notice of the public hearing shall be given, as required by statute, by twice advertising in one or more newspapers of general circulation in the Town, the last time at least seven days prior to the hearing. The Planning Board shall also send copies of that notice to the Board of Selectmen, Conservation Commission, Historical Commission, Tree Warden, DPW Director, and the owners of the property identified in Subsection A(2) of this section.
C.
Relationship to other agencies and authorities. Planning Board hearings shall be held in conjunction with any to be held by the Tree Warden acting under M.G.L. ch. 87. Consent to an action by the Planning Board shall not be construed as inferring consent by the Tree Warden under M.G.L. ch. 87, or vice versa, or of the Board of Selectmen in acting on curb cuts and street opening permits.
D.
Timing. The Planning Board shall hold its hearing within 30 days
from the date on which notice of submittal is received by the Town
Clerk and shall make a decision within 45 days of that receipt, unless
a longer time is agreed to by the applicant.
E.
Emergency work. The Board of Selectmen may determine that emergency
conditions require that work which otherwise would require Planning
Board approval may proceed to the extent necessary to protect public
health, property, and safety prior to such approval and shall notify
the Planning Board in writing of having done so.
In acting on scenic road alteration proposals, the Planning
Board shall take into consideration 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 trees or walls.
H.
Functional urgency of the repair, maintenance, reconstruction, or
paving.
I.
Financial and other consequences of design revision to avoid or reduce
damage to trees or stone walls.
J.
Evidence contributed by abutters, Town agencies, and other interested
parties.
K.
Availability of reasonable and less damaging alternatives to the
proposed action.
L.
Other sound planning considerations.
The following shall normally be considered adequate compensatory
action, unless modified by the Planning Board:
A.
Trees destroyed shall be replaced with nursery grade trees on the
following basis (trees measured four feet above ground):
|
Tree Removed
|
Suggested Replacement
| |
|---|---|---|
|
Up to 12" diameter
|
1 tree of 4" diameter
| |
|
12 inches to 24" diameter
|
3 trees of 4" diameter
| |
|
Over 24" diameter
|
4 trees of 4" diameter
|
B.
Replacement trees shall be planted under the supervision of the Tree
Warden and shall be planted as soon as construction activity and the
season permit.
C.
Stone walls shall be replaced in kind on a new alignment, connecting
with undisturbed walls wherever possible.
A.
Noise receiving zones are defined as follows:
(1)
Receiving Zone A: Business and Industrial Zoning Districts.
(2)
Receiving Zone B: locations in any other zoning district, but within
200 feet of a Business or Industrial District.
(3)
Receiving Zone C: all other locations.
(4)
For purposes of this part, any Town owned or managed property that
may be used for passive or active recreation shall be treated as Receiving
Zone C.
B.
Applicability. No development shall be allowed, or present or prospective activity be allowed to take place on any of the Town's designated scenic roads, if the following standards will be or are exceeded at any location outside the property line of the premises, which location includes any contiguous land committed to be conveyed to the Town as open space. During the period designated as "daytime," the numerical standards of Subsection D of this bylaw shall not be exceeded by more than 20 dB(A) at any time, or by more than 10 dB(A) for more than 10 minutes in an hour, or at all for more than 30 minutes in an hour. During the period designated as "nighttime," the numerical standards of Subsection D of this section shall not be exceeded, except for an allowance of up to one occurrence during a 24-hour period that may exceed the standard by up to 10 dB(A). The duration of the allowance period shall not exceed more than 10 minutes from the time of the first occurrence of the excessive noise. Nothing in this section shall be construed to permit noise in excess of that allowed by any state or federal regulation.
C.
Exceptions. This bylaw shall not apply to the following:
(1)
Any noise produced by equipment used exclusively in the maintenance
or repair of buildings or grounds, provided such equipment is rated
at not more than 15 horsepower.
(2)
Human or animal noises unless mechanically or electronically amplified.
(3)
Farm equipment.
(4)
Construction equipment in operation at an active construction site,
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday
and 8:00 a.m. to 4:00 p.m. on Saturdays or at other hours upon determination
of reasonable necessity by the Building Inspector. Such determination
and authorization shall be valid for not more than any one 24-hour
period per determination.
(5)
Snow plowing; emergency repair due to flood, fire or other catastrophe
if such work is necessary for the general welfare or to avoid further
catastrophe.
(6)
Parades, fairs or outdoor entertainment, provided that a permit for
such activity has been granted by the Board of Selectmen and that
said permit is for not more than 10 days in any calendar year.
(7)
Activities authorized on written approval by the Board of Selectmen
after a public hearing (with seven days' prior published notice),
where peculiarities of the location or activity assure that there
will be no measurable adverse disturbance to use and enjoyment of
premises, areas of recreation, or significant habitat areas. Further,
such authorizations shall only be granted where there exists a compelling
public interest, with all other provisions of this section maintained
intact to the maximum extent possible with respect to any specific
exceptions granted.
(8)
Cultural, athletic, training exercises of Town-operated emergency
services, or periodic festive activities that operate under permits,
licenses or approvals of the Town of Bellingham.
D.
Standards. The following standards must be met, with the applicable
standard being based upon the receiving zone where noise is potentially
heard, not the zone where noise is generated. "Daytime" shall be from
7:00 a.m. until 9:00 p.m. on all days except Sundays and legal holidays,
when it shall be from 12:00 noon until 9:00 p.m. All sound measurements
made pursuant to this section shall be made with a Type 1 A-weighted
sound level meter as specified under American National Standards Institute
(ANSI) S1.4-1983. Sound level measurements must additionally detect
and quantify impulse sound level measurements, with "impulsive sound"
being defined as noise from a noise source that is not smooth and
continuous. There shall be a 5 dB penalty assessed at each receiving
zone for impulsive noise.
|
Maximum Allowable Exterior Noise Levels At Any Point Along
the Receiving Zone Boundary
| |||
|---|---|---|---|
|
Receiving Zone
|
Daytime
|
Nighttime
| |
|
A
|
65 dB(A)
|
50 dB(A)
| |
|
B
|
55 dB(A)
|
45 dB(A)
| |
|
C
|
50 dB(A)
|
40 dB(A)
| |
