[HISTORY: Adopted by the Town of Barnstable 1983 Fall ATM, approved
2-4-1984 (Art. XLI of Ch. III of the General Ordinances as updated through 7-7-2003).
Amendments noted where applicable.]
In the absence of contrary meaning established through legislative or judicial action pursuant to M.G.L. Chapter 40, § 15C, the following terms contained in that statute shall be defined as follows:
The removal of one or more trees.
Any work done within the right-of-way by any person or agency, public
or private. Within the meaning of this definition, it is any
work on any portion of the right-of-way which was not physically commenced
at the time the road was designated as a scenic road. Construction of new
driveways or alteration of existing ones is included, insofar as it takes
place within the right-of-way.
A right-of-way of any way used and maintained as a public way including
the vehicular traveled way plus necessary appurtenances within the right-of-way
such as bridge structures, drainage systems, retaining walls, traffic control
devices, and sidewalks, but not intersecting streets or driveways. When the
boundary of the right-of-way is an issue so that a dispute arises as to whether
or not certain trees or stonewalls or portions thereof are within or without
the way, the trees and stonewalls shall be presumed to be within the way until
the contrary is shown.
The destruction of more than 15 linear feet of stone wall involving
more than one cubic foot of wall material per linear foot above existing grade,
but shall not be construed to include temporary removal and replacement at
the same location with the same materials.
Includes any living tree whose trunk has a diameter of four inches
or more as measured one foot above the ground.
To protect the scenic quality and character of certain Town roads, the
following regulations are established to control alterations that can take
place within public rights-of-way.
The Town may from time to time designate appropriate roads within the
Town aesthetic roads by Town Council vote.
A.
Within the public right-of-way of designated roads the
Tree Warden or his designee may approve the cutting or removal of up to three
trees per 200 linear feet of right-of-way.
B.
Within the public right-of-way of designated roads, the
following activities shall require written approval of the Planning Board
in accordance with the provisions of this chapter:
C.
In cases where a threat to public safety does not allow
sufficient time to obtain approvals from the Tree Warden or the Planning Board,
the Planning Board must be notified within five business days of any action
which, had the threat not existed, would be a violation of this chapter.
The Planning Board shall hold a public hearing within 30 days of receipt
of an application, and shall approve, conditionally approve or deny an application
within 60 days of receipt. In making its decision, the Planning Board shall
consider the following criteria and shall not grant approval if the proposed
action will be in violation of one or more of them:
Since the purpose of these regulations is to protect the scenic quality
and character of designated roads, such as the planting of new trees or the
reconstruction of stone walls in making its decision, if the overall effect
of the proposed alteration, including compensatory action, is to maintain
or improve the scenic quality and character of the road, the Board may grant
approval that otherwise would be denied.
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 to the Town Manager,
the Conservation Commission, the Historical Commission, the Tree Warden, the
Department of Public Works, and the owners of property within 100 feet of
the proposed action.
Whenever feasible, notice shall be given and Planning Board hearings
shall be held in conjunction with those held by the Tree Warden acting under
M.G.L. Chapter 87. The consent of the Planning Board to a proposed action
shall not be regarded as inferring consent by the Tree Warden, or vice versa.
The Planning Board decision shall contain a condition that no work should
be done until all applicable provisions of the Public Shade Tree Law, M.G.L.
Chapter 87, have been compiled with.
The Planning Board, Conservation Commission, Old Kings Highway Regional
Historic District Commission, and the Historical Commission may submit recommendations
for additions or deletions to the list of scenic roads, which must be acted
upon by the Town Council. Any recommendation for scenic road designation must
be accompanied by a written description of the characteristics of the road
that require the protection afforded by these regulations.
The Planning Board may adopt additional regulations for carrying out
provisions hereunder.
The Building Inspector, Tree Warden, or others designated by the Town
Manager may issue a citation for violation of these regulations. A failure
to respond to properly issued citations, or the issuance of three or more
citations in a twelve-month period, or failure to take responsible compensatory
action shall be construed as a major violation, subject to a fine of not more
than $100. Each day that such violation continues shall constitute a separate
offense.
