12.1 Pursuant to the authority of Chapter 40, Section 15C of the General Laws, the town designates the following streets and roads as scenic roads:
Acton Street Pope Road
Brook Street Prospect Street
Cross Street River Road
Curve Street Russell Street
Concord Street Rutland Street
East Street School Street
Fiske Street Skelton Road
Lowell Street South Street
Maple Street Sunset Road
North Road West Street
12.2 Purposes
The purposes of this Bylaw are to:
12.2.1 Ensure that roads recommended for designation as Scenic Roads pursuant to Chapter 40, Section 15C of the General Laws (“the Scenic Road Act”) meet certain specified criteria;
12.2.2 Ensure that roads designated by Town Meeting as Scenic Roads will not be altered by any person, organization or agency, in any way that requires the cutting or removal of trees, or the tearing down or destruction of stone walls, without adherence to applicable procedures and without the consent of the Planning Board, pursuant to the Scenic Roads Act;
12.2.3 Ensure that the provisions of the Scenic Roads Act, this Bylaw and any rules and regulations promulgated hereunder shall be equitably enforced.
12.3 Procedure for Designation as a Scenic Road
Any person, agency or organization may petition the Planning Board, the Conservation and/or the Historical Commission to request that the Board(s) consider recommending that a road or portion thereof be designated as a Scenic Road.
In determining whether to make a recommendation to Town Meeting that a road be designated as a Scenic Road, the Board(s) shall consider the extent to which such road is bordered by any natural or man-made features of aesthic, conservation, or historic value, the alteration of which would lessen the value of those features. In particular, the Board(s) shall consider whether such road is bordered by trees and/or stone walls
12.3.1 that enhance an open vista such as agricultural land, orchards, farmland, open fields, or pastures;
12.3.2 that enhance the rural character of ancient, narrow and winding ways;
12.3.3 that protect natural resources, such as water supply, natural habitat, and/or watershed areas;
12.3.4 that maintain the historic nature of the road, or the nature of a road that serves an historic district, or is bordered by antique homes or structures; or
12.3.5 that are of exceptional quality;
12.4 Notification of Designation as a Scenic Road
Hereafter upon the designation of any road as a Scenic Road by Town Meeting, the Planning Board shall give prompt written notice of that action to all municipal departments, the Massachusetts Highway Department or its successor, and all utility companies doing business in the Town of Carlisle; shall publish a notice of the designation in a newspaper of general circulation in the Town; and shall notify in writing all property owners abutting the designated road(s).
12.5 Consent of Planning Board Required
In accordance with G.L. Ch. 40, Section 15C, after designation as a Scenic Road, no repair, maintenance, reconstruction or paving work shall involve the cutting or removal of trees or the tearing down or destruction of stone walls without prior written consent of the Planning Board following notice and a hearing.
12.6 Planning Board Regulations
The Planning Board shall adopt rules and regulations governing the procedures to be followed by persons, agencies, and organizations proposing to cut or remove trees or to tear down or destroy stone walls or portions thereof within or bordering a Scenic Road in connection with repair, maintenance, reconstruction or paving work on such road. Said rules and regulations shall include, without limitation, provisions regarding notice and hearing as required under G.L. Ch. 40, Section 15C, and provisions regarding the content, form and timing of applications made for the Planning Board’s consent, and guidelines and procedures to be employed by the Planning Board in administering this Bylaw.
12.7 Public Shade Tree Act
Nothing in this Bylaw or in the rules and regulations adopted hereunder shall be construed as abrogating the authority of the Tree Warden a set forth in G.L. Ch. 87, Section 5. Further, noting in this Bylaw or in the rules and regulations adopted hereunder shall be construed as abrogating the authority of the Town officials in an emergency to remove trees or tree limbs which endanger the public.
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