[HISTORY: Adopted by the Town Meeting of the Town of Norwell 3-15-1976. Amendments noted where applicable.]
A.
Authority. This chapter is adopted under authority of MGL c. 40,
§ 15C (scenic roads), and MGL c. 40, § 21.
B.
Purpose. The purpose of this chapter is to provide a clearly defined
public process and procedure for the implementation of the Scenic
Road Act. The provisions of this act should ensure that:
(1)
The semi-rural, natural, historic and scenic character of the Town's
roads (as defined herein) is maintained.
(2)
The need to preserve the character of scenic roads is balanced by
the Town's need to efficiently maintain roads, acknowledging that
roads serve a transportation function for pedestrians and bicyclists,
as well as motorized vehicles.
(3)
Town roads will be recommended for designation as scenic roads in
accordance with the criteria set forth in this chapter.
(4)
Trees (as defined herein) and stone walls within the right-of-way
of all designated scenic roads will not be altered without the required
Planning Board public hearing, nor without following the other procedures
set forth in this chapter.
For terms not qualified or defined in MGL c. 40, § 15C
(scenic roads), the following meanings shall apply for the purposes
of this bylaw:
All property owners, including those across the street, abutting
the property where work requiring a scenic road hearing is required.
A living branch that is fully attached to a tree (as defined
herein) and that has a diameter of three inches or more, 12 inches
from the point at which said branch connects to the tree.
The removal of one or more trees, trimming of branches (both
as defined herein) or cutting of roots sufficient in the Tree Warden's
written opinion to cause eventual destruction of the tree. This definition
does not apply to clearing nuisance growth, routine or emergency tree
maintenance that removes only permanently diseased or damaged limbs,
trunks, roots and dead whole trees or thinning crowded trees as determined
by the Tree Warden.
The marking of a tree or stone wall along a road for the
purpose of a scenic road hearing. For trees, such marking is described
in MGL c. 87, § 3. For stone walls, a ribbon or other appropriate
flagging material shall be temporarily affixed at the limit of work
on both ends of the stone wall.
Any work done within a road (as defined herein) by any person
or agency, public or private. Construction of new driveways or widening
of existing ones is included, insofar as it takes place within the
road. Roadside clearing of trees to provide for vehicular clearance
or for improvements to the line of sight shall also be included in
this definition. The definition of "repair, maintenance, reconstruction
or paving work" shall not apply to the construction or alteration
of water, sewer, electric, telephone, cable television or other utilities
within the road unless such construction or alteration requires the
tearing down or destruction of stone walls or the cutting or removal
of trees.
The entire legal right-of-way of a vehicular traveled right-of-way
in Norwell, including any necessary appurtenances, and including bridge
structures, drainage systems, retaining walls, traffic control devices
and sidewalks. The right-of-way includes the area on and within the
boundaries of the right-of-way and the air space above. The applicant
shall be responsible for determining the limits and width of the right-of-way
by utilizing layout plans available. If the boundaries are not officially
known, any affected tree or stone wall shall be presumed to be within
the right-of-way until shown by the proponent of the work to be otherwise.
A road so designated in accordance with MGL c. 40, § 15C.
A man-made grouping of stones forming a straight or curved
line.
The full list of all of the residents with an address on
the subject street or streets, as found in the Norwell Board of Registrars
most current edition of the Resident List of the Town of Norwell.
The destruction, removal, covering, or painting of any stone
wall, or segment thereof, within or partially within the right-of-way.
Temporary removal and replacement of a stone wall at the same location,
within a six-month period, with the same materials is permitted without
Planning Board approval, but only if the Planning Board is notified
before the work begins so that it can confirm that the wall is properly
replaced. Repair of a stone wall, not involving tearing down or destruction
of the wall, is permissible and outside the scope of this bylaw.
A living tree in its naturally standing position within or
partially within the right-of-way, the trunk of which has a diameter
of four inches or more, four feet above the ground. Nothing in this
definition shall be construed to permit a person, other than the Tree
Warden, to trim, cut down or remove a public shade tree.
The Town of Norwell Tree Warden or his designated deputy.
A.
In determining which roads or portions of roads should be recommended
to Town Meeting for designation as scenic roads, the Planning Board
shall consider the following criteria:
(1)
Overall scenic beauty.
(2)
Contribution of trees to scenic beauty.
(3)
Contribution of stone walls to scenic beauty.
(4)
Age and historic significance of roads, trees and stone walls.
(5)
Built features along the street such as historic buildings, historic
monuments, historic burial grounds and historic structures.
(6)
Features of the road, such as surface, pavement width, use restrictions
and bridges.
B.
Roads that have previously been designated as scenic roads may be
reevaluated using the foregoing criteria.
A.
The Planning Board, the Conservation Commission or the Historical
Commission, or a petition of 10 registered voters of the Town, may
propose scenic road designation by the timely submission of an article
for the Annual Town Meeting warrant for any road or portion thereof
other than a numbered route or state highway.
(1)
Following the close of the warrant, the Planning Board shall hold
a public hearing by advertising twice in a newspaper of general circulation,
the first advertisement to appear at least 14 days prior to the date
of the public hearing.
(2)
The Planning Board shall provide a copy of the public hearing notice
to all street residents, the Select Board, the Building Inspector/Zoning
Enforcement Officer, the Conservation Commission, the Historical Commission
and the Tree Warden/Highway Department before the public hearing commences.
The Planning Board shall also ask the Town Administrator to announce
the public hearing during the on-air segment of the Select Board's
meeting.
[Amended 5-8-2021 ATM by Art. 11]
(3)
The Planning Board shall ensure that any recommendation for scenic
road designation is accompanied by a written description of the characteristics
of the road that require the protection afforded by these regulations.
B.
The Planning Board shall make its recommendation to Town Meeting
on the merits of designation of the road as a scenic road. Following
scenic road designation by Town Meeting, the Planning Board shall:
(1)
Notify all municipal departments that may take any action with respect
to such road.
(2)
Notify all utility companies or other such parties that may work
on such road.
(3)
Notify the Massachusetts Department of Transportation.
[Amended 5-6-2019 ATM,
Art. 28]
(4)
Indicate such designation on the next revision of the Zoning Map.
A.
Only one driveway cut per lot onto any designated scenic road shall
be allowed as the direct result of the cutting or removal of trees
or the tearing down or destruction of any stone wall. The driveway
width shall be limited to 18 feet.
B.
The use of a common driveway is encouraged for multiple-lot projects,
but not required.
C.
Stone wall sections to be removed for a driveway shall not exceed
the driveway width by more than two feet on each side edge of the
driveway.
D.
Removed stone for driveway breaches shall be used to repair other
sections of the wall along the road at the sole expense of the applicant.
E.
Stone walls that are breached should be provided with appropriate
termini. Appropriate termini shall consist of, but not be limited
to, stone piers, granite posts, or tapered ends to the stone wall
that turn back onto the property.
A.
Filing. Any person, organization or agency seeking the consent of
the Planning Board under MGL c. 40, § 15C (scenic roads),
regarding repair, maintenance, reconstruction or paving work, including
new driveways, that may involve the cutting or removal of trees or
the tearing down or destruction of stone walls, or portions thereof,
within or partially within the right-of-way of a designated scenic
road, shall provide notice to all abutters and file a request with
the Planning Board, submitting the following information:
(1)
The text of the notice of the public hearing, 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
plans or references and describing in reasonable detail the proposed
changes to trees and stone walls.
(2)
A statement of the purpose(s) for the proposed action.
(3)
Any further explanatory material useful to adequately inform the
Planning Board, including clearly identifiable digital or printed
photographs of the proposed work area and its existing conditions
including an identical set of existing conditions photographs marked
up to demonstrate the proposed work. All pictures shall be signed
and dated by the applicant.
(4)
A plan or drawing showing the proposed work with specific design
details shall be required. A description of the proposed changes to
either trees or stone walls should be included on these plans. Such
plans shall show all work that might involve the tearing down or destruction
of stone walls, including the potential installation of electric,
water, and gas lines.
(5)
Except in the case of Town agencies, a fee sufficient to reimburse
the cost of advertising and shall be provided before the public hearing
commences.
(6)
A list of abutters to the property requiring the scenic road hearing
and proof of notice given.
(7)
Adequate posting per § 82-2 of this bylaw, at least one calendar week before the public hearing.
(8)
An explanation of any proposed compensatory actions that may be useful
to the Planning Board before the start of the public hearing.
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 Select Board, the Tree Warden/Highway Department, the Conservation
Commission and the Historical Commission before the public hearing
commences.
[Amended 5-8-2021 ATM by Art. 11]
C.
Public hearing and decision. The Planning Board shall hold a public
hearing within 30 days of receipt of a properly filed request and
shall file a decision with the Town Clerk 15 days after the hearing,
unless the applicant agrees to an extension. The Planning Board shall
also send a copy of its decision to the applicant, the Select Board,
Building Inspector/Zoning Enforcement Officer, the Conservation Commission,
the Historical Commission and the Tree Warden/Highway Department.
[Amended 5-8-2021 ATM by Art. 11]
D.
Public shade trees. When required by MGL c. 87 (Shade Trees), notice
shall be given and the Planning Board hearing required by MGL c. 40,
§ 15C (scenic roads), shall be held in conjunction with
those held by the Tree Warden, with the Planning Board responsible
for the consolidated notice acting under MGL c. 87 (Shade Trees).
Consent to an action by the Planning Board shall not be construed
as consent by the Tree Warden or vice versa.
E.
The approval of the Planning Board or Tree Warden under these regulations
for any proposed work shall be valid for two years from the date the
decision is filed with the Town Clerk. After two years from this date,
the decision is void unless an extension is granted before the expiration.
F.
Emergency repair. This chapter shall not apply when the Tree Warden
acts in an emergency in accordance with law. In cases where a tree
or branch poses a threat to public safety and there is not sufficient
time to obtain prior approval from the Planning Board, the Planning
Board must be notified by the Tree Warden within the calendar week
after any action, where if the threat had not existed, would be a
violation of this chapter. Under no circumstances are stone walls
to be torn down or destroyed on a scenic road under the auspices of
emergency repair.
In acting on filings concerning designated scenic roads, the
Planning Board shall take into consideration the following:
A.
That abutters were notified.
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.
Features of the road, such as surface, pavement width and bridges.
F.
Public safety.
G.
Compensatory actions proposed, such as stone wall and tree replacement (tree replacement per § 82-8A). The Board may approve any plan where the compensatory action is deemed to be of greater value, as defined by this section, than the proposed alteration.
H.
Functional importance and urgency of repair, maintenance, reconstruction
or paving.
I.
Additional evidence contributed by abutters, Town agencies and other
interested parties.
J.
Existence or absence of reasonable alternatives.
K.
Recreational uses of the road.
L.
Other planning information, including how what is proposed relates
to the Master Plan.
A.
Failure to file with the Planning Board for permission to cut or
remove trees or for the tearing down or destruction of any portion
of a stone wall within any designated scenic road will require an
immediate after-the-fact filing and the applicant shall be required
to restore features altered by the work. Unless waived, the applicable
restoration shall consist of restoring the stone wall to existing
conditions and/or replacing the trees cut with nursery quality trees
that are acceptable to the Planning Board, in consultation with the
Tree Warden. For every three inches of tree cut, measured across its
stump, a nursery quality replacement tree with a two-inch caliper,
measured four feet from the ground, shall be planted by the applicant.
B.
Failure to comply with a 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. Any decision not
carried out within two years of issue shall be void and shall require
a new filing, unless an extension is granted before the two-year expiration.
C.
The location of any tree replacement shall be at the direction of
the Tree Warden.
D.
The Planning Board and the Tree Warden shall have the authority to
enforce the provisions of this chapter, as applicable.
E.
Any violation of this bylaw, whether for the tearing down or destruction
of stone walls or the cutting or removal of trees, shall result in
a fine levied against the offending property owner. The first violation
shall result in a fine of $100, the second violation shall result
in a fine of $200, and the third violation shall result in a fine
of $300. Each day or portion thereof, up to the date upon which an
after-the-fact application is filed, that a violation of this bylaw
continues shall be deemed a separate offense.
[Amended 5-8-2017 ATM,
Art. 38]
F.
In addition to the foregoing remedies, the Town of Norwell acting
by and through its Planning Board, and with the approval of the Select
Board, shall have all other legal and equitable remedies which may
exist, including without limitation the right to seek injunctive relief.
[Amended 5-8-2021 ATM by Art. 11]
G.
In addition and as an alternative method of enforcement, the Town
of Norwell may in its discretion enforce the provisions of this bylaw
in the manner provided in MGL c. 40, § 21D.
If, in an aspect, any provision of this bylaw, in whole or part,
shall prove to be invalid for any reason, such invalidity shall only
affect the part of such provision found invalid. In all other aspects,
all provisions of this bylaw will remain in full force.
The following roads are designated as scenic roads under MGL
c. 40, § 15C, and this bylaw:
A.
Bowker Street: Annual Town Meeting March 1976.
B.
Norwell Avenue: Annual Town Meeting March 1976.
C.
Jacobs Lane: Annual Town Meeting March 1980.
D.
Stetson Road: Annual Town Meeting March 1980.
E.
Stetson Shrine Lane: Annual Town Meeting March 1980.
F.
Tiffany Road: Annual Town Meeting March 1980.
G.
Central Street: Annual Town Meeting May 2005.
H.
First Parish Road: Annual Town Meeting May 2005.
I.
High Street: Annual Town Meeting May 2005.
J.
Old Oaken Bucket Road: Annual Town Meeting May 2005.
K.
Prospect Street: Annual Town Meeting May 2005.
L.
River Street: Annual Town Meeting May 2005.
M.
Circuit Street: Annual Town Meeting May 2006.
N.
Green Street: Annual Town Meeting May 2006.
O.
Lincoln Street: Annual Town Meeting May 2006.
P.
Pine Street: Annual Town Meeting May 2006.
Q.
Pleasant Street: Annual Town Meeting May 2006.
R.
Mount Blue Street: Annual Town Meeting May 2006.
S.
Wildcat Lane: Annual Town Meeting May 2006.
T.
Winter Street: Annual Town Meeting May 2006.
U.
Cross Street: Annual Town Meeting May 2008.
V.
Forest Street: Annual Town Meeting May 2008.
W.
Summer Street: Annual Town Meeting May 2008.
[Added 5-8-2017 ATM,
Art. 38]
Not less than once each calendar year, the Town shall notify
in writing each property owner of record as of the prior January 1,
whose property is located on any street designated as a scenic road,
of this bylaw's applicability to them. Failure to receive such notice,
however, shall not exempt any such property owner from the rules and
regulations hereunder.
The Planning Board, in its discretion, shall have the authority
to adopt rules and regulations consistent with this bylaw.
