Scenic Roads Bylaw
Scenic Roads Bylaw
The enactment of this bylaw is authorized by MGL c. 40, § 15C, which provides, in part, that any repair maintenance, reconstruction or paving work done with respect to any road, as defined in § 217-38 of this chapter, designated as a scenic road in § 217-39C of this chapter, shall not involve or include the cutting or removal of trees or the tearing down or destruction of stone walls or portions of stone walls within the public right-of-way of a designated scenic road, except with prior written consent of the Planning Board after a public hearing. Lynnfield's scenic roads include: Chestnut Street, Essex Street, Lowell Street, Main Street and Summer Street.
The purpose of the bylaw is to maintain the natural, historic, and scenic character of Lynnfield's roads, ensuring that 1) Town roads will be recommended for designation as scenic roads in accordance with the criteria stated in the Scenic Roads Bylaw§ 217-39C and 2) trees and stone walls within the public rights-of-way of all designated scenic roads will not be altered without the public hearing required by, nor without following the other procedures set forth in the bylaw.
To review the Scenic Road Bylaw online, click here.
Scenic Roads Bylaw - FAQ
What is a Scenic Roads Bylaw?
Massachusetts General Laws (MGL c. 40, § 15C) allow towns and cities to designate certain roads as scenic: roads which feature trees and stone walls in the right of way that contribute to the town's scenic beauty and historic value. The Scenic Road statute applies to all public and private entities. Adopted in the April 2015 Town Meeting and amended at the April 2022 Town Meeting, Lynnfield residents voted to designate five of Lynnfield's most historic byways as scenic: Chestnut, Essex, Lowell, Main and Summer Street.
How is a scenic road designated?
The designation process – initiated by any Town resident or entity -- involves the following:
• The road is recommended to the Planning Board, Conservation or Historical Commissions.
• A public hearing is held to discuss the proposed designation.
• Residents vote on the road in an annual or a special Town Meeting.
Who determines the public right of way?
Only the Town Engineer is able to define the right of way for each property.
How does the Scenic Roads Bylaw benefit our town?
Once a road is designated as scenic, no tree or stone wall changes may be made in the right of way without a review and approval process including public hearings and resident input. Homeowners benefit by having a voice in what changes may be made to the road, and its stone walls and trees which contribute to the aesthetic and historic value of their properties. No additional tax burden is applied to properties located on scenic roads.
If I am not removing any trees or altering a stone wall on a scenic road but intend to modify something in the public right of way, is the Scenic Roads Bylaw applicable?
The Scenic Roads Bylaw is only applicable to work within the public right of way that will impact trees or stone walls. It is necessary, however, to consult with the Town Engineer to determine if any work within the public right of way is permissible by the Town; it is also recommended to speak with the Planning and Conservation department to confirm any work planned in the public right of way will not damage the critical root zone(s) of any trees and in so doing, trigger the Scenic Roads Bylaw.
Does the Scenic Roads Bylaw restrict what I can do on my private property?
No - The Scenic Roads Bylaw only pertains to the public right of way and the alteration of stone walls or trees in the public right of way. Alteration or removal of trees or stone walls in the public right of way, without prior approval, may result in a fine.
How do you apply for permission to alter trees and/or stone walls under the Scenic Roads Bylaw?
The applicant must submit a written request to the Planning Board. The Town Engineer will determine if any trees or stone walls are located within the right of way. If the bylaw is applicable, a public hearing will be held by the Planning Board and the application will be approved, modified or disapproved.
What if there is a disagreement with the application decision?
The applicant can appeal any decision of the Planning Board to the Board of Selectmen.
Have more questions? Contact our office at 781-334-9490.