By: Janet Tice

The trees and stone walls lining Shirley’s roadways are valuable assets that contribute to the scenic, rural character prized by community residents. Since they are located in the public right-of-way, which typically extends 10-15 feet beyond the pavement, these trees and stone walls belong to the Town of Shirley, not to abutters. Decisions regarding their care, maintenance, removal and replacement are thus a public matter and, as such, are often codified in a town’s bylaws. But, at least currently, not in Shirley’s.

That, in a nutshell, is why the Planning Board is proposing two new bylaws that would provide protection for trees and stone walls within the public right-of-way on all town roads in Shirley. The proposed bylaws need approval by voters and were placed on the warrant for Annual Town Meeting this past May. Last minute questions and concerns from Conservation Agent Mike Fleming regarding the bylaws’ impact, if any, on conservation properties persuaded the Planning Board to withdraw the articles to allow for further discussion.

This also gives Shirley residents another chance to participate and provide input. Although public hearings on the bylaws were held by the Planning Board in the run-up to the ATM, they are now on the agenda for discussion by the Conservation Commission and the Planning Board on July 14th and 15th, respectively, thus giving residents another opportunity to weigh in. Any agreed-upon changes or clarifications will be incorporated into revised versions of the bylaws, with consideration by voters scheduled for Special Town Meeting in November.

The proposed bylaws establish a formal approval process that would be required before any trees or stone walls within or bounding the right-of-way can be removed or disturbed. If approval is granted, the bylaw requires tree and/or stone wall replacement or equivalent reimbursement to the town. Conversely, removal, destruction or disturbance of town trees or stonewalls without prior approval according to the new process would result in a fine payable to the town to be used solely for tree planting and/or maintenance of trees and stone walls. In sum, the bylaws:

• protect and preserve scenic and historic features of Shirley roadways.
• require prior approval for removal or disturbance of trees or stone walls in the right-of-way.
• exempt hazardous trees and roadside maintenance.

The formal approval process called for in the bylaws includes a public hearing before the tree warden and/or Planning Board, allowing for input from residents, abutters and town boards and commissions. If approval is granted, the bylaw requires that the applicant replace any trees or stone walls removed or pay an equivalent sum to the town to be used solely for tree planting and maintenance of trees and stone walls.

By creating procedures for implementation at the local level, the bylaws are designed to function in harmony with state laws that provide some limited protection for public shade trees and “designated” scenic roads (MGL Chapter 87, Section 3 and Chapter 40, Section 15C, respectively). They also align Shirley with the many cities and towns in Massachusetts that already have similar bylaws on the books. So plan to attend the Conservation Commission meeting on Tuesday, July 14 or the Planning Board meeting on Wednesday, July 15 and provide your input. Your voice matters!

Janet Tice is a 40-year resident of Shirley. Although she is a current member of the Shirley Planning Board, this article is her own personal contribution and is not meant to represent the Planning Board.