Scenic Roads By-Law in October Town Meeting Warrant

The topic of Scenic Roads is covered in Section 3 of the current Planning Board By-Law but is expanded into three sections in a separate By-Law in Article 11. 

Current: (Section 3 of Current Planning Board By-Law)

Section 3.  After a road has been designated by the Town as a scenic road, any repair, maintenance, reconstruction, or paving work done with respect thereto shall not involve or include the cutting or removal of trees or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the Planning Board after a public hearing duly advertised as provided in General Laws, Chapter 40, Section 15C as amended.

The separate By-Law gives Scenic Roads more prominence and provides more descriptive detail. Separating Scenic Roads as a stand-alone By-Law is a common practice in Massachusetts towns.  The Planning Board has approved the revised Scenic Roads By-Law.

Article 11

Scenic Roads

Section 1. The Town shall protect certain roads under Massachusetts General Laws, including but not limited to, protection under Section 15C of Chapter 40.  The Planning Board may adopt rules and regulations that govern the process for altering a designated scenic road.

Section 2. Pursuant to Massachusetts General Laws, the Town, by vote of Town Meeting, may designate a road as a scenic road. The Planning Board, Conservation Commission, or the Historical Commission may make recommendations for scenic roads designation to Town Meeting.

Section 3. After a road has been designated as a scenic road, any repair, maintenance, reconstruction, or paving work performed with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the Planning Board after a public hearing in conformance with Massachusetts General Laws.