[MassHistPres] Scenic Roads-Description and Case Studies

[Chris Skelly]

SCENIC ROADS - FOR UPDATE OF PRESERVATION THROUGH BYLAWS AND ORDINANCES
GUIDEBOOK
I would appreciate your review and comments on the one page definition
we have prepared.  In addition, I am looking for case studies to include
in our guidebook where scenic road designation helped to protect
historic and cultural resources.
******************************************************
What is a Scenic Roads Bylaw?
A Scenic Roads Bylaw is a general bylaw that helps to preserve rural and
historic character of local roads.   A Scenic Roads Bylaw establishes a
local review procedure for alteration of stone walls and cutting or
removal of trees that are within the public right-of-way on roads that
have been designated as scenic roads.  The bylaw lists the roads that
are scenic and subject to the review procedure established in the bylaw.
Numbered routes that cross municipal boundaries may not be designated as
scenic, even if they are town owned and maintained.  

How is it adopted?
A Scenic Roads Bylaw is a general bylaw requiring a majority affirmative
vote of the Town Meeting or City Council.  Scenic Roads Bylaws are
generally initiated by the local Planning Board, Historical Commission
or Conservation Commission, which are the three groups that have the
authority to recommend local roads to be designated as scenic.  Adoption
must be consistent with MGL Chapter 40-15C, the Scenic Roads Act.
Designation of a state road or numbered route can only be done by an act
of the state legislature, not the local Town Meeting or City Council.  

How does it work?
A Scenic Roads Bylaw establishes a public hearing review procedure for
work on a designated scenic road that involves cutting down or removal
of trees or alteration of stone walls within the public right of way.
When repair, maintenance, reconstruction, or paving work is proposed
that will involve these resources, the Planning Board holds a public
hearing.  Following the public hearing, the Planning Board votes to
approve or deny the proposed changes.  When public shade trees that are
regulated by the Shade Tree Act (M.G.L. Chapter 87) are involved, the
Planning Board holds a public hearing in conjunction with the Tree
Warden (often a Parks and Recreation Commission or a DPW or Parks and
Recreation employee).  The Scenic Roads Act does not include any
guidance on criteria of what constitutes a "scenic" road or standards
for review of proposed alterations.  However, some communities have
adopted criteria for determining scenic quality as well as standards for
review of proposed alterations and removal of stone walls and trees.  A
scenic road bylaw does not provide for any review authority when the
trees or stonewalls are on private property.   However, since the public
right of way is often wider than the roadway surface, a scenic road
bylaw can help protect adjacent resources.   

*******************************************************
PRESERVATION THROUGH BYLAWS AND ORDINANCES
The Massachusetts Historical Commission is updating our guidebook
entitled "Preservation through Bylaws and Ordinances - Tools and
Techniques for Historic Preservation Used by Municipalities in
Massachusetts."  This guidebook contains descriptions on the variety of
local bylaws and ordinances currently in use in Massachusetts for
protecting historic resources and community character.  The guidebook
describes how each bylaw functions, includes a list of municipalities
that have passed each bylaw and summarizes success stories from around
the state.  Originally prepared in 1998, the guidebook has been
incrementally revised since then.  The current version of the guidebook
can be viewed online at http://commpres.env.state.ma.us/content/ptbo.asp

With assistance from a consultant team, the guidebook is undergoing
substantial revisions.  These include revising the bylaw descriptions,
researching new case study success stories and updating the list of
cities and towns with each bylaw.  

Each bylaw will have the following:
The first page will be a bylaw description summary that can fit on one
page.  The next two pages will include case study success stories with
text and photographs.  The fourth and last page will be the list of
municipalities with each bylaw.  

The draft list of bylaws to include in the guidebook is below:  
Accessory Apartment Use
Affirmative Maintenance Bylaws
Archaeological Protection
Architectural Conservation Districts
Community Preservation Act
Demolition Delay
Design Review
Down Zoning
Downtown Revitalization
Flexible Zoning
Local Historic Districts
Open Space Residential Design
Phased Growth
Planned Unit Development
Right-to-Farm
Scenic Overlay
Scenic Roads
Site Plan Review
Transfer of Development Rights
Transportation Corridor Overlay
Upper Elevation Protection
Up Zoning
Village Center Zoning

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
*******Stay Informed on Historic Preservation Topics by joining the
MassHistPres Email List. Visit
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres for more
information. ******MHC offers regional training workshops to local
historical commissions and historic district commission members on a
variety of topics.  For additional information, please contact me about
the MHC On the Road program.*******