CHAPTER 10
STREETS, SIDEWALKS AND OTHER PUBLIC WAYS
Sec. 10-1. Driveways entering accepted streets.
Entering any driveway upon any accepted street without permission of the Board of Selectmen and the Road Commissioner is prohibited.
Sec. 10-2. Coaches, carts, wheelbarrows, etc., prohibited on sidewalks.
No person shall drive, wheel or draw any coach, cart, wheelbarrow, hand-cart, or any carriage of burden or pleasure (except children's carriages drawn by hand) upon any sidewalk in the town.
Sec. 10-3. Obstructing sidewalks for construction.
(a) License, bond required. The Selectmen may grant a written license to any person to occupy or
obstruct a sidewalk for a limited time for the more convenient erection, alteration, -repair of a building,
and they shall require the person to whom such license is given to furnish a satisfactory bond to the town
to hold it harmless from all claims for loss or damage such occupancy or obstruction.
(b) Alternative walkway. Whenever any sidewalk becomes obstructed under such license, the person doing the work or causing the same to be done shall place a good and convenient walk around such obstructions when ordered to do so by the Selectmen or other officials having charge of the public streets.
Sec. 10-4. Street Opening Permits.
No person except the Town Road Commissioner/Superintendent of Public Works and those acting under his orders shall excavate through, in or under any street or sidewalk, or any way or part thereof, without first obtaining a written Street Opening Permit therefor from the Town Road Commissioner/Superintendent of Public Works acting on behalf of the Board of Selectmen/Board of Public Works. Such Street Opening Permit shall be in a form and containing general conditions as developed and modified from time to time by the Board of Selectmen/Board of Public Works, and shall, unless waived by the Board of Selectmen/Board of Public Works, include a Street Opening Permit Fee set by the Board of Selectmen/Board of Public Works, payable to the Town of Groveland. In addition, each such permit shall
require the permittee to agree, in writing, to indemnify and save harmless the Town of Groveland for any expense which may be incurred on account of the existence of any such excavation.
Sec. 10-5 . Temporary Repairs of Private Ways.
The Town of Groveland may make temporary repairs on private ways which have been opened to public use for a period of six years or more, provided the repairs are for the Protection of the health and safety of the general public using such roads.
Such repairs shall include the filling of holes in the subsurface of such ways and repairs to the surface material thereof. Materials for such repairs, where practical, should be as, or similar to, those used for the existing surfaces of such ways, but may include surfacing with bituminous materials, including but not limited to bituminous concrete.
Drainage improvements, as determined by the Road Commissioner to be necessary as a result of the repairs, may also he done. Drain repairs shall be made only if petitioned for b-all the abutters who own frontage on such ways and with the approval of the land owner, if necessary, and if the Board of Selectmen declares that they are required by the public necessity and convenience to make such repairs based on an advisory opinion of the Road Commissioner. Drainage easements shall, if necessary, be the responsibility of the petitioners. The cost of such repairs shall be paid by the abutters by a cash deposit as herein provided.
No repairs shall be commenced unless and until a cash deposit equal in amount to the estimated cost of such repairs, as determined by the Road Commissioner, is paid to the Town and the Board of Selectmen have given their approval for the project. No betterment charges shall be assessed for such repairs.
The Town shall not be liable on account of any damage whatsoever caused by such repairs. The Board of Selectmen may require an indemnity agreement executed by the petitioning abutters, indemnifying the town for all claims and damages which may result from making such repairs.
The Town may, subject to the approval of the Board of Selectmen and based on the advisory report of the Road Commissioner, make temporary minor repairs to private ways not to exceed $500.00 in total or aggregate per way in any one calendar year provided the private way has been open to public use for a period of six years or more. The repair shall he limited to minor work such as filling, patching, and not more than grading or scraping twice per year. No such repairs shall be done unless there is unanimous agreement by all abutters that the work shall commence and the Town of Groveland shall be held harmless from any and all damages or claims
arising out of such repairs.
Sec. 10-6. GROVELAND SCENIC ROADS BYLAW
Section 10-6.1. AUTHORITY AND PURPOSE
This bylaw is adopted under authority of Chapter 40, Section 15C of the Massachusetts General Laws.
The purpose of the scenic roads bylaw is to protect the scenic qualities of a road which is being repaired, maintained, reconstructed or paved. If none of these activities are taking place, then the scenic roads bylaw does not apply.
Section 10-6.2. ADMINISTERING AUTHORITY
As specified by Special Legislation of the Commonwealth of Massachusetts, a joint committee of four (4) members from the Groveland Road Study Committee, appointed by the Road Study Committee, and the three (3) members of the Board of Selectmen shall constitute the administering authority for the Scenic Roads Bylaw.
Section 10-6. 3. DESIGNATING A SCENIC ROAD
The Board of Selectmen, the Planning Board, the Conservation Commission or the Historical Commission may recommend or request a road for scenic road designation by submitting a Warrant Article for approval at the Annual Town Meeting. The Annual Town Meeting must then vote to designate the road as a scenic road by majority vote. A state highway may not be designated as a scenic road. A numbered route may be so designated only if its entire length is contained within the town and no part of the route is owned or maintained by the Commonwealth. G. L. Chapter 40, Section 15C.
In determining which roads or portions of roads should be recommended to Annual Town Meeting for designation as a scenic road, the following criteria shall be considered: overall scenic beauty; contribution of trees to scenic beauty; scenic views; historic stone walls; built features including historic buildings, monuments, burial grounds, farm buildings and fencing; and age and historic significance of roads, trees and stone walls. Roads that have previously been designated as scenic roads may be re-evaluated using the foregoing criteria, and have the scenic road designation removed by majority vote at Annual town meeting.
Section 10-6.4. PROCEDURES FOR REQUESTING APPROVAL FOR CUTTING OR REMOVING TREES OR TEARING DOWN OR DESTROYING STONE WALLS ON A SCENIC ROAD
Once a road is designated as a scenic road, any repair, maintenance, or paving work with respect to the road may not include cutting or removal of trees or tearing down or destruction of stone walls except with the prior written consent of the administering authority. The administering authority must first hold a public hearing within thirty (30) days of receiving the request for consent for such work, duly advertised twice in a newspaper of general circulation, the last advertisement at least seven days prior to the hearing date. If the contemplated road work includes the cutting of public shade trees, the authorizing committee's hearing under the scenic roads statute shall be combined with the Tree Warden's public shade tree hearing.
Section 10-6.5. APPROVAL OR DENIAL OF REQUEST FOR CUTTING OR REMOVING TREES OR TEARING DOWN OR DESTROYING STONE WALLS ON A SCENIC ROAD
The administering authority, and the Tree Warden, if required, shall make a decision to authorize or deny the work request within 14 days of the public hearing, unless a longer time is agreed to by the applicant for the work. The administering authority, and the Tree Warden, if required, shall submit their decision in writing to the applicant and to the Town Clerk. Any consent granted must be implemented within two years of issue or it will become null and void and must be re-applied for.
Adopted June 24, 2000
Section 10-7. Snow & Ice
No person other than an employee of the Town of Groveland Highway Department or its designated sub-contractor operating under the direction of the Highway Department shall lay, throw, place or push any snow or ice into or across any street or public way within the Town in a manner which may obstruct the public way or constitute a safety hazard. Enforcement of this bylaw shall be in accordance with Section 1-1 of the General Bylaws and subject to the following fines: 1st offense – Warning; 2nd offense - $50.00; 3rd offense - $150.00; and all subsequent offenses - $300.00”; or take any other action relative thereto.
Adopted May 19, 2003
Amended April 26, 2004
| 
