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Public Shade Trees and Scenic Roads - April 2014 Memo of Understanding
Definitions
Public Shade Tree
A public Shade Tree is any tree within the right-of-way of a local public way. If it is doubtful whether a
tree is actually located in a public way, it shall be taken to be in the public way until the contrary is
shown.
Scenic Roads
A Town vote at Town Meeting may designate almost any road within the Town as a Scenic Road. In
1974 Brewster voted specific roads as Scenic Roads as listed in the Brewster Code Chapter 157, Article
IV. Subsequently Chapter 61 of the Acts & Resolves of 1992 designated Route 6A as a Scenic Road.
Typically state highways are not designated as Scenic Roads.
Tree Warden
Caretaker of Shade Trees within a town. Position may be elected or appointed and derive their powers
from MGL Chapter 87, Sections 2 & 3. Tree Warden has authority to appoint or remove Deputy Tree
Warden.
Procedural Thresholds
Public Shade Trees shall not be cut, trimmed or removed by any person(s) other than a Tree
Warden or by written permission of the Tree Warden. This provision excludes trees, branches
or brush less than 1.5 inches in diameter.
Before a Shade Tree(s) could be cut down or removed the Tree Warden shall hold a Public
Hearing pursuant to MGL Chapter 87, Section 3. No hearing required for trim/cutting/removal
of hazardous trees as determined by the Tree Warden or so ordered by the Board of Selectmen.
If a Shade Tree is to be cut down or removed that is located on a designated Scenic Road then
the Tree Warden and the Planning Board shall hold a consolidated public hearing pursuant to
MGL Chapter 87, Section 3. If a written objection to tree removal has been presented before or
at the hearing then the final decision is left to the Board of Selectmen.
The State Highway Department is not subject to the Public Hearing process as identified above
in MGL Chapter 87, Section 3 with the sole exception of the cutting or removing of trees relative
to repair, maintenance, reconstruction or paving of a state highway located within the Old
King’s Highway Regional Historic District which would then require the State Highway
Department to receive written consent of the Brewster Historic District Committee by means of
a Public Hearing pursuant to MGL Chapter 87, Section 3.
Shade Trees located on a state highway are under the care and control of the State Highway
Department and the municipal Tree Warden has no jurisdictional authority (MGL Chapter 87,
Section 2).
Public Shade Trees & Scenic Roads.doc
Town of Brewster
Building Department
2198 Main Street
Brewster, MA 02631
508-896-3701 Ext. 1125
508-896-8089 Fax