A.
A scenic road consent is required when any of the following work
is to be performed on any road, including the right-of-way, designated
a scenic road:
(1)
Any repair, maintenance, or reconstruction work done on the road
or within the right-of-way that would involve or include the cutting
or removal of trees or the tearing down or destruction of stone walls,
or portions of a stone wall within the right-of-way.
(2)
The addition, repair, maintenance or reconstruction of any driveway
located on a scenic road that would involve or include the cutting
or removal of trees or the tearing down or destruction of stone walls,
or portions of a stone wall within the right-of-way.
(3)
If the boundaries of the right-of-way cannot be made certain by records
or monuments, and for that reason it is doubtful whether the tree(s)
or stone wall(s) is within the right-of-way, it shall be taken to
be within the right-of-way until the contrary is shown.
B.
A scenic road consent is not required for the temporary removal and
replacement of a stone wall at the same location with the same materials
only if the Harvard Department of Public Works is notified before
the work begins so that it can confirm that the wall is properly replaced.
C.
If, upon determination that scenic road consent is required, any
person, organization, state or municipal agency seeking the consent
for the cutting or removal of a tree(s) or the tearing down or destruction
of stone walls, or portions thereof, in connection with the repair,
maintenance, reconstruction or paving work on scenic roads shall submit
an application for scenic road consent to the Board, on the appropriate
application form, together with the following in 17 copies and the
application fee. The application form is available at the office of
the Planning Board or on the Town of Harvard website (www.harvard-ma.gov).
(1)
A written description and plans or drawings showing the location
and the nature of the proposed disturbance area. The location description
should enable readers to locate it with reasonable specificity on
the ground without the need for additional plans or references.
(2)
A statement explaining the purpose and need for the cutting or removal
of a tree(s) and the identification of said tree(s) or the tearing
down or destruction of stone walls, or portions thereof, in the proposed
disturbance area.
(3)
A statement outlining possible alternatives, proposed compensatory
actions, and mitigation measures, including restoration, to the proposed
cutting or removal of a tree(s) or the tearing down or destruction
of stone walls, or portions thereof.
(4)
A list, certified by the Assessor's office, of abutters.
(5)
Except in the case of Town agencies, a scenic road consent fee as
specified on the Board's application form made payable to the
Town of Harvard.
(6)
Photographs of all stone walls and trees within and adjacent to the
proposed disturbance area prior to any work.
(7)
Any other explanatory material useful to adequately inform the Board
and Tree Warden prior to the public hearing.
D.
The applicant will be required to pay a local newspaper of general
circulation for the current cost of advertising the hearing. The applicant
will be billed directly from the newspaper for the cost of the advertised
hearing.
E.
The Board may consider the following in determining whether to grant
a consent:
(1)
Public safety, including accident history within 500 feet of trees
and stone walls at issue.
(2)
Scenic and aesthetic characteristics of the area, quality, extent
of shade and tree canopy and compatibility with the surrounding neighborhood.
(3)
Preservation of natural, historical, cultural and environmental conditions.
(4)
Comments contributed by the Tree Warden, other Town boards, abutters
and other interested parties.
(5)
Other sound planning principles and considerations.
Before the Board can decide on an application for a scenic road consent, a public hearing must be held as described in Article IX of this chapter. The Board may hold a joint hearing with the Tree Warden. If a joint hearing is held, advertisement of the hearing shall indicate that a joint hearing of the Board and the Tree Warden is being held.
A.
The Board shall hold a public hearing within 45 days from the date
the application is received by the Board unless a longer period of
time is agreed to by the applicant.
B.
The Board shall render a decision to issue or deny a scenic road
consent no later that 45 days after the close of the public hearing.
Within 14 days of its vote, and prior to the end of the forty-five-day
period, the Board shall file a copy of its decision with the Town
Clerk.
A decision of the Board may be appealed in accordance with MGL
Chapter 249, Section 4.
