[HISTORY: Adopted by the Town Meeting of the Town of Cohasset
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. VII, §§ 1 to 5, 7 to 10,
14 and 16, of the 1988 General Bylaws]
[Amended 1-25-1996]
No person, except the Public Works Superintendent or his agents
in the lawful performance of their duties, shall make or cause to
be made any excavation in a public street or way without first obtaining
a written permit from the Board of Selectmen. Any such excavation
and the dirt, gravel, or other material therefrom shall be enclosed
by a suitable railing and must be sufficiently lighted during hours
of darkness to ensure public safety.
No person shall obstruct any sidewalk or street or any part
thereof by placing thereon building supplies, rubbish, earth from
excavations, or any other materials or equipment, without first obtaining
a written permit from the Selectmen. The Selectmen may grant such
a permit for no longer than 90 days and under such conditions as they
may require; such a permit is renewable at the discretion of the Selectmen.
Any such obstruction must be enclosed by a suitable railing and must
be sufficiently lighted during hours of darkness to ensure public
safety. This section shall not apply to brief periods necessary for
loading or unloading merchandise.
[Amended 1-25-1996]
Whenever the Public Works Superintendent plans to reconstruct
or repair any paved street or way in the Town, he shall give reasonable
notice of his intention to municipal departments, to utility companies
affected, and to all abutting owners. If any such parties have any
work to be done in such a street or way, they shall notify the Public
Works Superintendent so that the work can be done before the street
or way is resurfaced. After notice has been given and adequate time
allowed for the work to be done, no parties shall for the space of
one year disturb the repaved surface of the street or way within the
area so constructed and repaired except in case of reasonable necessity,
as determined by the Selectmen.
Any person wishing to move a building or other object requiring
a clearance of more than 20 feet in height or 15 feet in width through
any public street or way in the Town shall obtain a written permit
from the Selectmen, and shall be responsible for any costs to the
Town incurred by the move.
Any person operating a vehicle from which falls any object of
such size or character as to endanger public travel shall be responsible
for its immediate removal.
[Amended 6-10-1994]
No person shall cause or allow the discharge of water, snow,
or ice upon a public street, sidewalk, or way in the Town so as to
create a hazardous condition.
[Amended 4-30-2018 ATM
by Art. 18]
No person shall coast upon a sled or other vehicle on any of
the public streets, ways, or sidewalks of the Town, unless such areas
have been designated for this purpose by the Selectmen. Violation
of this section shall be subject to a fine of $20.
No person shall drive or ride a vehicle of any kind upon any
sidewalk in the Town, provided that this shall not affect the right
of any person to cross any sidewalk in entering or leaving private
premises, nor shall it exclude hand-drawn vehicles, such as children's
carriages, invalid chairs, or sleds.
No person shall play any game or throw stones or other missiles
in any street or on any sidewalk.
No person shall remain upon a sidewalk in such a manner as to
obstruct the free passage of foot travelers.
[Amended 4-30-2018 ATM
by Art. 18]
No person shall stand on any public street, sidewalk, or way
for the purpose of hawking or selling any article, or for singing
or playing any musical instrument for remuneration, without first
obtaining a license from the Board of Selectmen, subject to whatever
restrictions it deems necessary. Violation of this section shall be
subject to a fine of $20.
[Adopted 5-1-2017 ATM
by Art. 27]
A.Â
The Planning Board's authority and jurisdiction shall be consistent
with MGL c. 40, § 15C.
B.Â
This bylaw is intended to protect the natural beauty that exists
within the rights-of-way of select public ways designated as scenic
roads in the Town of Cohasset by providing the necessary criteria
and standards for designation of and regulating certain activities
within the right-of-way of a scenic 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:
Owners of land sharing a boundary line with the portion of the
right-of-way containing the proposed disturbance area;
Owners of land sharing a boundary line with land within the
preceding definition (A);
Owners of land directly opposite the proposed disturbance area;
Owners of land sharing a boundary line with land within the
preceding definition (C);
|
All definitions include abutting owners of another town, if
applicable.
[Amended 4-30-2018 ATM
by Art. 18] |
The area of land within the scenic road's right-of-way
where regulated work is to be performed.
The marking of a tree or stone wall on the right-of-way on
a scenic road for the purpose of a scenic road public hearing. For
protected trees, such marking as described in MGL c. 87, § 3.
For protected stone walls, a ribbon or other appropriate "flagging"
material temporarily affixed to the stone wall at issue in a scenic
road hearing and viewable from the paved road.
A contiguous arrangement of stone, cut or otherwise, dry-fitted
or mortared, in excess of 20 years of age, or otherwise deemed by
the Historical Commission to be of historical significance, located
wholly or partially within, or on the boundary line of, the right-of-way
of a scenic road. Includes any of its appurtenances including but
not limited to gates, terminuses, cut granite stone or large individual
stones. Does not include walls constructed of manufactured concrete
block.
Any living specimen tree of any size, or any other living
tree whose trunk has a diameter of four inches or more as measured
one foot from the ground located wholly or partially within, or on
the boundary line of, the right-of-way of a scenic road.
The area on and within the legal boundaries of the scenic
road. If the boundaries are unknown, any affected protected trees
or protected stone walls shall be presumed to be within the right-of-way
until shown to be otherwise.
A native, introduced or naturalized tree which is important
because of its impact on community character, its significance in
the historic/cultural landscape or its value in enhancing the effects
of wildlife habitat. Any tree with a diameter at breast height (dbh)
of six inches or larger is eligible to be considered a specimen tree.
Trees that have a small height at maturity or are slow growing, such
as flowering dogwood or American holly with a dbh of four inches or
larger are eligible to be considered specimen trees.
A.Â
A proposal to designate a public way as a scenic road may be instigated
by any of the following: the Planning Board, the Board of Selectmen,
the Conservation Commission, the Historical Commission, or by petition
of 30 registered voters, half of whom must be residents of the proposed
scenic road.
B.Â
The Planning Board shall hold a public hearing on the request for
scenic road designation with notice to the Town Clerk, the Board of
Selectmen, the Tree Warden, the Department of Public Works, the Conservation
Commission, the Historical Commission, and the Building Inspector,
and advertising twice in a newspaper of general circulation, the last
publication at least seven days prior to the public hearing. At the
conclusion of the public hearing, the Planning Board shall make a
recommendation to the next gathering of Annual or Special Town Meeting
on the merits of designating the proposed way as a scenic road.
C.Â
The Planning Board's written recommendation shall address the
following criteria:
(1)Â
Age and historic significance of affected roads, trees and stone
walls;
(2)Â
Contribution of the affected trees and/or stone walls to scenic beauty;
(3)Â
Exceptional qualities of affected trees in terms of age, spread,
species or specimen;
(4)Â
Protection of natural resources as well as scenic and aesthetic quality
of area;
(5)Â
Bordering land uses, nearby architectural features, present and prospective,
and how they impact the importance of retaining the affected trees
and/or stone wall;
(6)Â
Scenic vistas of the area.
D.Â
The proposal shall be brought forward as a warrant article of the
Planning Board with its recommendation. If the Planning Board recommendation
is negative, the proponent of the designation shall present the proposal
at Town Meeting. A majority vote of Town Meeting will be required.
Approval of the designation shall be effective as of the date of Town
Meeting action. Any work not physically commenced as of the date of
the designation shall conform to this bylaw.
E.Â
Following the designation of a scenic road, the Planning Board shall
notify all municipal departments, the Massachusetts Department of
Transportation, the Commissioners of Norfolk County, all utility companies
servicing properties abutting the scenic road, and all property owners
along the scenic road.
[Amended 4-30-2018 ATM
by Art. 18]
The following are the activities regulated under this bylaw
and through the scenic road work permit process:
A.Â
Utility and road work. Any roadway repair, maintenance, reconstruction
or paving work, utility installation and repair work done within the
right-of-way of a scenic road by any person or agency, public or private,
including construction of new driveways or alterations of existing
ones to the extent such work takes place within or accessing the right
of-way, and roadside cutting for clearance for vehicles or for improvement
of line of sight, except as allowed in the next subsection.
B.Â
Cutting or removal of trees. The removal of one or more protected
trees, trimming of major branches, or cutting of roots to a degree
sufficient in the Tree Warden's written opinion to cause eventual
destruction of a tree. Not included is the 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 include such cutting or removal done in contemplation of
or following the repair, maintenance, reconstruction or paving work
for a road.
C.Â
Tearing down or destruction of stone walls. The defacing, removal,
physical covering (other than naturally occurring plant covering)
or rearrangement of at least five square face feet (height times length
of stone wall "face") of a protected stone wall. The temporary removal
of a protected stone wall is permitted without Planning Board approval
if the Department of Public Works is notified before the work begins.
The DPW may inspect the work upon completion of restoration to confirm
proper replacement at the same location with the same materials in
a contiguous and consistent arrangement to the adjoining stone walls.
Repair of a protected stone wall, not involving the tearing down or
destruction of it, is not covered by this bylaw.
D.Â
Municipal sidewalks. When construction of a municipal sidewalk within the right-of-way of a scenic road is deemed a public safety necessity by the Town and its construction has been approved by Town Meeting, a protected tree may be removed if there is no feasible alternative, subject to the compensation set out in § 228-16H below.
A.Â
Any work designated under § 228-15 above shall be required to obtain a scenic road work permit from the Planning Board prior to commencement of the activity, or as soon after an emergency activity as is possible.
B.Â
Filing instructions. Any person or entity seeking a scenic road work
permit shall do so on an application form supplied by the Planning
Board, together with the following:
(1)Â
A written description and plans or drawings showing the location
and the nature of the proposed disturbance area;
(2)Â
A statement explaining the purpose and need for the proposed impact
upon a protected stone wall or protected tree;
(3)Â
A statement outlining possible alternatives, proposed compensatory
actions, and mitigation measures, including restoration, to the proposed
impact upon a protected stone wall or protected tree;
(4)Â
A list, certified by the Assessor's office, of abutters, as
defined herein;
(5)Â
Except in the case of Town agencies, a scenic road work permit fee
as specified in the Planning Board's Fee Schedule;
(6)Â
Photographs of all protected stone walls or protected trees within
and adjacent within 50 feet to the proposed disturbance area prior
to any work;
(7)Â
Any other explanatory material useful to adequately inform the Planning
Board and Tree Warden prior to the public hearing.
C.Â
Posting. A posting, as defined above, is required at least seven
days prior to a scenic road public hearing.
D.Â
Public hearing. The Planning Board shall hold a public hearing as soon as practical but in no event later than 45 days from the date on which the application for a scenic road work permit is received unless a longer time is agreed to by the applicant. Notice will be given by the Board to other Town departments and the public as set forth in § 228-14B above.
E.Â
Coordination with Tree Warden. As stated in the Scenic Road Act[1] and whenever feasible, the Planning Board hearing shall
be held in conjunction with that held by the Tree Warden acting under
MGL c. 87. In the event of such a joint hearing, the advertisement
shall be made by the Tree Warden or his deputy. 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 this bylaw
in any way lessen the Tree Warden's duties under MGL c. 87.
[1]
Editor's Note: See MGL c. 40, § 15C.
F.Â
Considerations. In acting on a scenic road work permit, the Planning
Board shall consider the following in making its determination:
(1)Â
Public safety;
(2)Â
Scenic and aesthetic characteristics and quality of the area;
(3)Â
Quality and extent of shade and tree canopy;
(4)Â
Accident history within 500 feet of tree(s) and stone walls at issue;
(5)Â
Commentary contributed by the Tree Warden, Town agencies, abutters
and other interested parties;
(6)Â
Preservation of natural resources and environmental systems;
(7)Â
Preservation of historical and cultural resources values;
(8)Â
Compatibility with surrounding neighborhood;
(9)Â
Recreational uses of the proposed scenic road, taking into account
the nature and extent of such uses;
(11)Â
Adequacy and value of compensatory actions proposed, such as
replacement of trees or stone walls or restoration of the same;
(12)Â
Traffic patterns, volume, congestion and posted speed limit;
(13)Â
Consistency with articulated Town policies and the Cohasset
Master Plan;
(14)Â
Feasibility for avoiding disturbance to trees or stone walls
by proposing a safe location for a walkway, driveway or road elsewhere;
and
(15)Â
Other sound planning principles and considerations.
G.Â
Decision. The Planning Board shall make a decision to issue or deny
a scenic road work permit within 21 days after closing the public
hearing, and the decision shall be filed with the Town Clerk within
that time. Copies of the decision shall be sent to the applicant,
the Board of Selectmen, the Tree Warden, the Department of Public
Works, the Building Inspector, the Conservation Commission and the
Historical Commission. The approval of a scenic road work permit shall
be valid for one year. Any work outlined in the issuance of a scenic
road work permit not completed within one year after issuance will
necessitate a new and separate filing for a scenic road work permit.
Appeal of a decision shall be done in accordance with the provisions
of MGL c. 40A, § 17.
[Amended 4-30-2018 ATM
by Art. 18]
H.Â
Restoration.
(1)Â
Protected stone walls. Unless waived, any restoration ordered within
a decision shall consist of replacing the protected stone wall on
a square face foot per square face foot basis. Stone walls shall be
replaced so as to reconnect in a consistent manner with undisturbed
walls wherever physically possible. Where feasible and appropriate,
any unused removed stones from such stone walls shall be used to repair
other sections of the stone wall. No protected stone wall shall be
cut without construction of an appropriate stone terminus, i.e., stone
piers or granite posts.
(2)Â
Protected trees. Unless waived, any restoration ordered within a
decision shall consist of replacing the removed protected trees with
nursery grade trees on a one square inch per two square inch replacement
basis, at locations specified by the Planning Board and the Tree Warden.
A one square inch per two square inch replacement is calculated by
finding the diameter of a tree in question at 4.5 feet up from the
base above the ground and determining its trunk area (3.14 times tree
radius squared). The resulting figure is halved and that square inch
total becomes the equal to the square inch total of the replacement
tree(s). The restoration shall be verified by the Tree Warden. The
species of replacement tree(s) will be determined by the Tree Warden,
or otherwise will be consistent with the species of the removed tree(s).
The Tree Warden may determine a compensatory value for which the applicant
shall be responsible, in lieu of replacement tree plantings, which
is equal to the value for nursery grade tree stock and installation.
Such value and subsequent payment due the Town of Cohasset shall be
outlined in the scenic road work permit.
A.Â
Failure to file. Failure to file for a scenic road work permit where
needed shall result in an immediate stop-work order from the Planning
Board and/or Building Inspector, shall necessitate an immediate filing
as detailed above, and may result in an order for restoration measures
to be taken.
B.Â
Failure to comply. Failure to comply with the terms of a scenic road
work permit may result in an order requiring remedial measures to
be taken, may include fines as set forth below, and may result in
enforcement through noncriminal disposition under MGL c. 40, § 21D.
C.Â
Fines. Anyone who violates the provisions of this bylaw may be fined
through noncriminal disposition under MGL c. 40, § 21D,
at a fine of $300 per day, with each day's failure to comply
constituting a separate and distinct offense.
If, in any respect, any provision of this bylaw, in whole or
in part, shall prove to be invalid for any reason, such invalidity
shall only affect the part of such provision which shall be held invalid,
and in all other respects this bylaw shall stand.
