[HISTORY: Adopted by the Annual Town Meeting
of the Town of Blackstone 5-31-2016 by Art. 24. Amendments noted where applicable.]
The Scenic Roads Act, MGL c. 40, § 15C, allows Town
Meeting, upon recommendation or request of the Planning Board, Conservation
Commission, or Historical Commission to designate any road within
the 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 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 least seven days prior to such hearing; provided, however,
that when a public hearing must be held under the provisions of this
section and under MGL c. 87, § 3, prior to the cutting or removal
of a tree, such hearings shall be consolidated into a single public
hearing before the Tree Warden and the Planning Board, and notice
of such consolidated public hearing shall be given by the Tree Warden
or his deputy as provided in said MGL c. 87, § 3.
The purposes of these regulations are the following:
A.Â
To maintain
the natural beauty that currently exists along scenic roads in Blackstone.
B.Â
To maintain
and enhance the rural character of the Town and encourage compatibility
with existing roadside features.
C.Â
To implement
more fully the provisions of the Scenic Road Act, with acknowledgement
that roads serve a transportation function for pedestrians, equestrians
and nonmotorized as well as motorized vehicles.
A.Â
Designation
process.
(1)Â
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 Blackstone
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 DPW Director, 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.
(2)Â
The
Planning Board shall make a recommendation to the Town Meeting on
the merits of designation of the proposed road as a scenic road.
(3)Â
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 these regulations.
B.Â
Criteria
for designation as a scenic road. The Planning Board, Conservation
Commission, or Historical Commission shall, in determining which roads
or portions of roads should be recommended for designation as scenic
roads, consider the following criteria:
C.Â
Notification
of designation as scenic road. Upon designation by Town Meeting of
any road or portion thereof as a scenic road, the Planning Board shall
take the following steps within 30 days of such designation:
(1)Â
Notify
all municipal departments that may take action with respect to such
road;
(2)Â
Notify
the State Department of Public Works;
(3)Â
Notify
the Commissioners of Worcester County;
(4)Â
Indicate
such designation on maps currently in use by municipal departments,
as appropriate; and
(5)Â
Notify
all utility companies or other parties that may be working in or around
such road.
In 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 clearing of nuisance growth,
routine or emergency tree maintenance which removes only permanently
diseased or damaged limbs, trunks or roots and dead whole trees, or
thinning out of overcrowded trees as determined by the Tree Warden,
but shall mean removal of one or more trees, cutting of major branches
or cutting of roots, including such cutting or removal done in contemplation
of, or following, repair, maintenance, reconstruction or paving work
for a road.
Any such work done within the right-of-way by any person
or agency, public or private. Construction of new driveways, bicycle
paths, roadside paths/sidewalks or alterations of existing ones, is
also included to the extent such work takes place within the right-of-way.
Except as allowed in the preceding paragraph, roadside cutting for
clearance for vehicles or for improvement of line-of-sight shall also
be included within this definition.
A vehicular traveled way plus its necessary appurtenances
within the entire right-of-way, not just the paved surface, including
bridge structures, drainage systems, retaining walls, traffic control
devices, pedestrian facilities, and the air space above them, but
not intersecting streets or driveways.
Shall not be construed to include assemblages of stone involving
less than one cubic foot of wall material per linear foot nor totaling
less than five feet in length. All stone walls within the entire right-of-way
of a scenic road or on the boundaries thereof shall be subject to
these regulations; if, for whatever reason, it is uncertain whether
the stone wall is within such right-of-way of the scenic road, it
shall be taken to be within the coverage of these rules and regulations
until the contrary is shown.
Shall not be construed to include temporary removal and replacement
within a reasonable period of time, not to exceed 60 days, at the
same location with the same materials and consistent with the original
character of the wall.
Any trees (not bushes) having a trunk diameter of four inches
or larger at one foot above the ground. All trees within the right-of-way
of a scenic road or on the boundaries thereof shall be subject to
these regulations; if, for whatever reason, it is uncertain whether
the tree is within the right-of-way of the scenic road, it shall be
taken to be within the coverage of these rules and regulations until
the contrary is shown.
A.Â
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 (as defined in § 190-4) on scenic roads, shall submit a request to the Planning Board together with the following:
(1)Â
A plan
showing the location and the nature of the proposed action and a description
of the proposed changes to trees and stone walls;
(2)Â
A statement
of the purpose(s) for the change;
(3)Â
A statement
of the feasible alternatives to the proposed action, together with
an indication of the advantages and disadvantages of each alternative;
(4)Â
A list
of owners of property fronting in whole or in part on both sides of
the scenic road within 500 feet of the proposed action;
(5)Â
Except
in the case of Town agencies, a filing fee in an amount established
by the Planning Board shall be paid; and
(6)Â
Any
further explanatory material useful to adequately inform the Planning
Board of the nature and extent of the proposed action prior to the
public hearing.
B.Â
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.
Planning Board hearings shall be held in conjunction with those
held by the Tree Warden acting under MGL Ch. 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 these rules
and regulations in any way limit or restrict the Tree Warden's powers
and duties under MGL Ch. 87.
A.Â
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. This notice shall contain a statement as to the time, date,
place, and purpose of the hearing with a reasonable description of
the action proposed by the applicant. Copies of this notice shall
also be sent the Selectmen, the Conservation Commission, the Historical
Commission, the DPW Director, the Tree Warden, and the assessed owners
of property within 500 feet of the proposed action.
B.Â
The first
publication of the notice shall be as soon as feasible after the Planning
Board receives the request from the applicant, and shall in all cases
be at least 14 days before the hearing. The last publication shall
occur, as required by statute, at least seven days prior to the hearing.
A.Â
The Planning
Board shall hold a public hearing within 30 days after the Planning
Board meeting at which receipt of a properly filed request is acknowledged.
B.Â
The Planning
Board shall make a decision on the request within 21 days after the
public hearing. If the Planning Board fails to mail or deliver to
the applicant a copy of its decision within this time period the requested
approval shall be deemed granted.
In acting in regard to a scenic road request, the Planning Board
shall consider the following:
A.Â
Scenic
and aesthetic characteristics;
B.Â
Public
safety;
C.Â
Accident
history within 500 feet of tree(s) and stone walls at issue;
D.Â
Location
and setback of utility poles in relation to the pavement, trees and
stone walls;
E.Â
Traffic
volume, congestion and posted speed limit;
F.Â
Preservation
of natural resources;
G.Â
Environmental
and historical values;
H.Â
Recreational
uses of road, taking into account the nature and extent;
I.Â
Relationship
of the road design to the standards of the Planning Board's Subdivision
Rules and Regulations, but recognizing that a variance from standard
should be allowed when a road has been designated scenic by the Townspeople;
J.Â
Compensatory
actions proposed, such as replacement of trees or walls;
K.Â
Existence
or absence of reasonable alternatives (including a no-build alternative);
L.Â
Consistency
with articulated Town policies;
M.Â
Financial
and other consequences of design revision to avoid or reduce damage
to trees or stone walls;
N.Â
Evidence
contributed by abutters, Town agencies, and other interested parties;
and
O.Â
Other sound
planning principles.
Whenever both the Scenic Road Act and the Public Shade Tree
Act (MGL Ch. 87) apply, notice shall be given and the Planning Board
hearing shall be held in conjunction with the hearing held by the
Tree Warden acting under the Public Shade Tree Act. The consent of
the Planning Board to a proposed action shall not be regarded as implying
consent by the Tree Warden, or vice versa. The Planning Board decision
shall contain a condition that no work may be done until all applicable
provisions of MGL Ch. 87 have been complied with.
A.Â
Approval
of curb cuts by Selectmen. The consent of the Planning Board to work
involving a proposed curb cut shall not be deemed to indicate or imply
consent or approval by the Selectmen to such curb cut, or vice versa.
B.Â
Emergency
work. In the event that the Selectmen determine that emergency conditions
require that work otherwise requiring Planning Board approval must
proceed before such approval can be obtained, the Selectmen may authorize
the work to proceed before Planning Board approval is obtained to
the extent to which the Selectmen deem it necessary to protect public
health and safety.