[HISTORY: Adopted by the City Council of
the City of Marlborough 6-22-1992 by Ord. No. 92-4365-1. Amendments noted
where applicable.]
A.
Filing. Any person or organization seeking the consent
of the Planning Board under MGL c. 40, § 15C (The Scenic
Roads Act) regarding road repair, maintenance, reconstruction or paving
work that will involve the cutting or removal of trees or the tearing
down of stone walls, or portions thereof, shall file a request with
the Planning Board, together with the following:
(1)
Information identifying the location of the proposed
action in a manner that sufficiently describes its location and that
also specifically describes the proposed changes to trees or stone
walls.
(2)
Plans, drawings or other explanatory reference material
showing the specific design or engineering details.
(3)
Except in the case of a municipal agency, a deposit
sufficient for the cost of advertising and required notifications.
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. The Board shall also send copies
of said notice to the Mayor's Office, the City Council, the Conservation
Commission, the Historical Commission, the City Engineer, the Street
Division, the Department of Public Works, and owners as of the preceding
January 1 of property located in whole or in part within 100 feet
of the proposed action.
C.
Timing. The Planning Board shall hold a public hearing
within 45 days of receipt of a properly filed request and shall make
a decision within 60 days of that receipt, unless a longer time is
agreed to by the applicant. The date and time of the public hearing
shall be set outside of normal weekday work hours (8:00 a.m. to 5:00
p.m. Monday through Friday) so as to encourage maximum citizen participation.
D.
Tree Warden. Whenever feasible, Planning Board hearings
shall be held in conjunction with those to be held by the Tree Warden
acting under MGL Chapter 87. Consent to an action by the Planning
Board shall not be construed as inferring consent by the Tree Warden,
or vice versa.
E.
Emergency repair. The procedures outlined herein shall
not be required when the Tree Warden or his designee act in an emergency
in accordance with MGL Chapter 87 to remove fallen trees or limbs
which cause an obstruction to public travel or a dangerous situation
with respect to utility lines.
As used in this chapter, the following terms
shall have the meanings indicated: In the absence of contrary meaning
established through legislative or judicial action pursuant to MGL
c. 40, § 15C, these terms contained in that statute and
herein shall be construed as follows:
The destruction of more than one tree having a trunk diameter
four inches or more measured one foot from the ground. Trimming of
roots sufficient in the Tree Warden's opinion to cause eventual
destruction of a tree is included in this definition.
The entire right-of-way of a vehicular traveled way plus
its necessary appurtenances, including bridge structures, drainage
systems, retaining walks, traffic control devices and sidewalks, but
not intersecting streets or driveways. The right-of-way includes the
area on and within the boundaries of the public way. If the boundaries
are not officially known, any affected tree or stone wall shall be
presumed to be within the public right-of-way until shown otherwise.
The destruction of more than 10 linear feet of stone wall
involving more than one cubic foot of wall material per linear foot,
but shall not be construed to include temporary removal and replacement
at the same location with the same materials.
In acting on scenic roads, the Planning Board
shall take into consideration the following:
A.
Preservation of natural resources.
B.
Environmental and historical values.
C.
Scenic and aesthetic characteristics.
D.
Public safety.
E.
The characteristics of local residential traffic and
resident expectations.
G.
Compensatory actions proposed, such as replacement
of trees or stone walls.
H.
Functional urgency of the repair, maintenance, reconstruction
or paving.
I.
Financial and other consequences of design revision
to avoid or reduce damage to trees or stone walls.
J.
Additional evidence contributed by abutters, City
agencies and other interested parties.
K.
Other sound planning considerations.
The Planning Board shall, within 60 days of
receipt of a properly filed request, submit a written determination
of consent or denial to the applicant and a copy to the City Clerk
and the City Council. A report of denial shall include an indication
of what modifications, if any, would lead to consent.
