1. What are the primary goals of the Scenic Road Bylaw - why is it necessary?
The primary goals of the Bylaw are to preserve the scenic, aesthetic, and historic aspects of these roads, and provide a level of oversight before work can occur that may affect these qualities.
2. What are the primary components of the Bylaw?
The Bylaw covers work within the Right-of Way that affects 6" or larger trees and stone walls. If work on these items is required, an application shall be submitted to the Planning Board.
3. Why are these roads proposed and not others?
Scenic Roads are proposed based on certain road characteristics including:
* The quality of trees and / or the scenic streetscape
* Stone walls, abutting conservation or recreation land
* Historical landmarks and/or roadways which have a significance in Westford's history
* Aesthetic, natural or man made resources
* Scenic or Historic Agricultural Land
4. I do not live on one of these designated roads but I received a letter in the mail. What is my obligation to abide by the Scenic Road Bylaw?
To advertise a Public Hearing, residents within 300 feet of the affected roads need to be notified. If you don't have any frontage on the proposed roads, there is no obligation. If you have a corner lot, part of which is on a Scenic Road, you may have an obligation if you're doing any work to trees greater than 6" or walls within the right of way.
5. Can I cut down trees on my property?
Yes, the Scenic Road Bylaw (SRB) only covers trees greater than 6" or stone walls within the Right of Way.
6. What if I'm repaving my driveway, and need to cut some brush in the Right of Way, do I need to submit a filing?
No, the SRB covers trees of 6" diameter or larger.
7. If I'm paving my driveway, part of which is in the Right of Way, do I need to submit a filing?
No, since no work to trees or walls is being done.
8. How does the Scenic Road Bylaw affect subdivision of land with frontage on a Scenic Road?
If the road entry into a subdivision or a driveway for a lot displaces a stone wall, or requires trees 6" or larger within the Right of Way to be cut down, an application is necessary.
9. Is there an issue with placing my mailbox on the road?
No issue, as long as that work does not displace a stone wall or remove a tree of 6" or larger. There is no regulation on the style of the mailbox, etc.
10. How do I know where the Right of Way is?
An applicant should inquire at the Town Hall Planning Office for existing plans that may show the right of way. If not, a plan done by a surveyor may need to be prepared. Per the Bylaw, if the exact Right of Way cannot be determined, then the tree or wall work may be assumed to be in the Right of Way. For most applications, a picture of the affected tree or wall, and a sketch of the property may suffice. If there is a question of a tree or wall being on a neighbor's property, a survey plan may need to be provided.
11. How wide is the Right of Way on these Scenic Roads?
The Right of Way includes the pavement, and any unpaved land up to the homeowner's property boundary. Many of these older roads have a variable width along their Right-of-Way. Also, pavement placement could be to the left or right side of the ROW, so appropriate research into the ROW is necessary.
12. Can this affect my home's resale value or ability to sell it?
No, the Bylaw does not prevent any work on a property, just within the Right of Way. Also, the Bylaw's intent is to protect the scenic, aesthetic, and historical aspects of the Roads.
13. Does this restrict painting my house or building an addition?
No, the Bylaw's intent is to protect trees and stone walls within the Right of Way, it includes no items to regulate home construction, etc.
14. Is there a penalty if a tree falls down of its own accord and then needs removing? [i.e. disease or struck by lightning]
No
15. Is there a penalty if I cut down a tree within the Right of Way?
A violation can result in a fine not to exceed $300 or remedial measures. Any enforcement shall be in proportion to the severity of the violation.
16. What is the process by which a tree or hazardous tree branch be removed while under Scenic Road designation? How long will it take?
A hazardous tree branch can be removed without an application, per the Highway Department or Tree Warden. For other work, an application shall be filed with the Permitting Office at Town Hall, with appropriate information as to property location, affected tree(s) or wall(s), etc. as stated in Section 145.8 of the Scenic Road Bylaw. Regarding timeline, after receipt the application must be advertised 14 days before the scheduled Public Hearing date. The Planning Board meets twice monthly, and the Public Hearing will be scheduled as soon as possible after receipt of the application.
17. Will increasing the number of scenic roads increase our property taxes?
No, this will not cause an increase in work or expenditures at the Town level.
18. If a Scenic Road needs to be widened, is this possible? How is it different than a non-Scenic Road?
Road widening is possible, but an application must be filed describing the work and affected areas. On a non-Scenic Road, work can occur within the Right-of-Way without an application, although certain trees may come under the Public Shade Tree Act.
19. What work is allowed within a Scenic Road Right-of-Way that doesn't require an application?
The Board of Selectman control Roads in Town, and would therefore control work on items not covered in the Scenic Road Bylaw. Any work that doesn't affect 6" or larger trees or stone walls would be determined by the BOS.
20. Does a Scenic Road designation also mean designation of a Historic District, etc., affecting work I could do on my property? (house painting, landscaping)
No, the Scenic Road Bylaw just affects the cutting of trees or stone wall work within the Right-of-Way.
21. What benefit does the Town as a whole derive from designating roads as scenic?
The primary benefit is to preserve the scenic and aesthetic values of these roads, and provides a level of oversight for future work on these roads (paving, widening, etc.) which will attempt to maintain these important characteristics.
22. What is the relationship between the Planning Board, Tree Warden, and Highway Department regarding the Scenic Road Bylaw?
The Tree Warden and Highway can remove a tree for safety reasons without making an application under the Scenic Road Bylaw. During review of any application, they would provide comments. In the past the Tree Warden and Highway Department have made applications under the Bylaw.
23. Some of these Scenic Roads currently get repaved and have other routine work done on them. Would this change?
No it would not. If repaving included road widening that affects large trees or stone walls, then the Highway Department would submit an application for that work.
24. What if a tree is partially in the Right of Way?
A tree or stone wall partially in the Right of Way would require an application.
25. What about damaged or dying trees?
In this scenario, the Highway Department or Tree Warden can remove a tree for safety purposes without a Hearing.
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