HomeMy WebLinkAbout3885 Main Street- MassDoT Tree Removal ExemptionAPPLICATION FOR EMERGENCY EXEMPTION
TO REMOVE A SINGLE TREE ONLY FOR PUBLIC SAFETY REASONS
ALL OTHER APPLICATIONS TO REMOVE TREES OR STONE WALLS WILL FOLLOW A FULL
APPLICATION PROCESS WHICH REQUIRES ABUTTER NOTIFICATION AND LEGAL ADVERTISEMENT
AS REQUIRED BY THE SCENIC ROADS PROVISIONS.
References: MGL Ch 470. Old Kings Highway Regional Historic District, as amended;
Chapter 61 of the Acts of 1992: An Act Designating State Highway Route 6A as a Scenic Road
MGL Ch. 40 Section 15C, Designation and Improvement of Scenic Roads.
MGL Ch. 87, Shade Trees
Barnstable Town Ordinance Ch. 180 Scenic Roads
1. Applicability: The Scenic Road provisions for Rt. 6A applies to all public agencies and individuals
proposing work within the right of way of Rt. 6A. Private individuals proposing work within the State
right of way of Rt. 6A must request application by Mass Highways, the District Highway Director, 1000
County St., Taunton, MA 02780, to the Barnstable Old Kings Highway Historic District Committee.
2. Work means tree and stone wall removal; road paving, re-construction, drainage work, and road and
driveway work affecting stone walls and street trees.
3. Application Required: Within the road right of way of Rt. 6A, the painting, tearing down or
destruction of stone walls and the cutting down of trees with a caliper of four inches or more one foot off
the ground, requires approval of the Old Kings Highway Historic District Committee. Where it is not
clear if the tree or stone wall is in the right of way, it shall be presumed they are, unless evidence is to the
contrary.
4. Emergency Exemption, single tree: Where a danger to public safety exists, every effort should
be made to contact the Old Kings Highway office and the Tree Warden immediately with
documentation. An application for a Scenic Roads Tree Removal Exemption will be heard at the
next available Old Kings Highway meeting. If a tree is removed outside of business hours, because
of an accident for example, notification of the Old Kings Highway office and the Tree Warden must
be made within five days of any action. Failure to provide satisfactory evidence of an imminent
threat to public safety shall be considered a violation of the town’s Ordinance. Replacement
planting shall be required per paragraph 5. below, for each tree removed, regardless of
circumstances.
5. Tree Replacement: Where a street tree is proposed to be removed, replacement of each tree is
required with a minimum of two or three street trees as determined by the Committee; recommendation
should be sought from the Tree Warden as to the tree type, size, planting detail, and location. The
Committee may require a two-year contract with a landscape company including watering. A
replacement tree that fails shall be replaced.
6. Tree Removal Posting: The tree subject to application for an Emergency Exemption to remove a tree
for public safety reasons must be posted the day an application is submitted to the Old Kings Highway
meeting, or earlier whenever possible.
APPLICATION FORM FOR AN EMERGENCY EXEMPTION TO REMOVE A
SINGLE TREE FOR PUBLIC SAFETY REASONS
ALL OTHER APPLICATIONS TO REMOVE TREES OR STONE WALLS WILL FOLLOW THE FULL APPLICATION
PROCESS WHICH REQUIRES ABUTTER NOTIFICATION AND LEGAL ADVERTISEMENT AS REQUIRED BY THE
SCENIC ROADS PROVISIONS.
SUBMIT 1 COPY
AGENCY
Name of Agency: MassDOT Highway Division
Address: 1000 County Street, Taunton, 02780
Telephone: (857) 368-5215 Email address: Thien.M.Nguyen@dot.state.ma.us
Authorized Representative (please PRINT):
Authorized Signature:
THIEN M NGUYEN Date: 4/13/2023
Private contractor must provide evidence of authorization from MassHighways.
LOCATION OF PROPOSED WORK
Address of adjacent property: 3885 Main St, Barnstable
Village: Adjacent Map & parcel number:
DESCRIPTION OF TREE TO BE REMOVED (include size and species of tree(s) requested to be removed.
Show location on a plan; the town property map be utilized) none
REASON for tree removal: Hazardous dead tree hit by car
PROPOSED TREE REPLACEMENT (a minimum of two or three street trees per tree proposed to be removed, as
required by the Committee). Show location of replanting on a plan, specify type and size, and verify street tree
standard. The Committee may require a contract with a landscape company, including a two-year maintenance plan.
A failed tree shall be replaced: none