Approved 8/12/10
TOWN OF WELLESLEY
NATURAL RESOURCES COMMISSION
MEETING MINUTES
June, 25 2010, 9:00 AM
NRC Office, Lower Level, Town Hall
Attending: Neal Seaborn, Chair, Paul Cramer, Vice Chair (departing at 10 AM), Heidi Gross, Secretary, Joan Gaughan, Janet Hartke Bowser, NRC Director.
Absent: Ursula King.
Guests: Irene Weimer, Berkley Road, Pace Wilson, Wellesley Dog Organization, Kerry Sullivan of Leewood Road, Suzi Newman, School Committee Member, Liam Hurley, School Department Assistant Business Administrator, Tony Duval, School Athletic Coordinator.
Public Voice
Ms. Carolyn Cincotti of 17 Tappan Road attended the meeting to request more information on the Fuller Brook Preservation Master Plan Project. Ms. Bowser updated Ms. Cincotti on the status of the project and asked for her contact information in order to keep her updated on the status of the project.
Discussion Re: Permit Application for Use of NRC’s Hunnewell Field for Soccer Charity Event
Mr. Peter Diana, past chair of the Town’s Trails Committee and Town resident, presented information on a soccer charity event that his son, Owen, is organizing. He stated that this charity event is for a group called “Grass Roots Soccer” and would be scheduled for September 3-4, with a rain date of September 4-5. He stated that the hours would be 3 PM on September 3rd through 4 PM on September 4th. He said that this charity event will involve a 5x5 barefoot soccer tournament, and may eventually be a 3x3 tournament, and will benefit “Grass Roots Soccer,” which teaches AIDS prevention to African children by using a soccer-based curriculum. Mr. Diana stated that “Grass Roots Soccer” has held a number of successful fundraisers in the
United States that feature tournaments where the participants are barefoot. He stated that his son is organizing the event along these lines, but is expanding it so that the event runs for 24 hours. He would like to hold the event over the Labor Day weekend and involve as many Wellesley soccer players as possible, including both boys and girls from the youngest levels up to players at the high school level. Mr. Diana stated that they would like to hold the event at the Hunnewell multi-purpose field since it is lit and visible along Washington Street. Mr. Diana stated he has contacted the Recreation Committee and that they have voted to support this event. Mr. Diana stated that he has also contacted John Brown, Director of the Athletic Department at the High School and that Mr. Brown submitted an email to Ms. Bowser indicating that he has approved the event and that it will not conflict with any school athletic events. Ms. Bowser stated that she received an email from
Recreation Director Jan Kaseta and that Ms. Kaseta has checked to see if there are any conflicts with the Girls Softball League or the Adult Softball Leagues, and it was confirmed that there are no conflicts. Mr. Brown also indicated that there are no conflicts with the Youth Football League that occasionally uses this field in the summer.
The NRC discussed this request and noted that if the applicant is going to be continuously playing for 24-hours that they will need lights on the field, and they will need a permit and permission from the NRC if they are to use the field and have lights during the proposed hours. Mr. Diana stated that he has spoken with Mike Quinn of the DPW Parks Division, who indicated that they can turn on the light towers individually, and Mr. Diana stated that they would need only 1, and at the most 2 light towers. He stated that they are prepared to cover all costs for the event, including lights and any police detail, or other costs involved with this charity event. Mr. Diana stated they are thinking of setting up some kind of canopy tent, which would be relatively small, and that kids playing during the night would
bring sleeping bags and sleep under the canopy. It would most likely be smaller children playing during the day and there could be as many as 25 children playing, but most likely it would be 10. He stated that because of the small number of kids playing during the night, noise should not be an issue. He stated that he understands that the NRC has a 9:30 PM curfew for the lights, and he is requesting that an exception be made for this charity event and in this situation, they will likely need only 1, and at the most 2 poles of lights, and they would need only the light poles that are facing away from the abutting neighborhood on Linden Street to limit the impact on that neighborhood.
Mr. Cramer voiced concerns about allowing kids to stay overnight on the fields, and he did not want to issue an NRC Permit allowing for an overnight campout for kids, since this could set an undesirable precedent. Mr. Cramer also stated that this event would also need to get approval by the Police Department and conform to any requirements that the Police require, which may also include that they have a Police Officer there overnight. Mr. Seaborn stated that the problem with some of the multi-purpose field lights is that some of the light overspill may affect the neighborhood, and he stated that he wants the applicant to notify all of the abutters in the area, including all residents on Linden Street, Rice Street and State Street. Mr. Seaborn stated that the applicant should pay for all mailing and copying
costs and that the letter should come from the applicant but state that the NRC is requiring this notification to abutters. Ms. Bowser stated that she will work with Mr. Diana on the abutters list and review the letter to be sent to abutters.
Ms. Bowser reviewed the NRC vote regarding the hours for lighting at Hunnewell Field, which were regulated as part of the Improvements Project to Reidy Field Project by the Wellesley Little League and the approval was issued on June 14, 2005. Ms. Bowser reviewed with the NRC their regulation that all lighted fields at Hunnewell Field must end no later than 9:30 PM. Prior to this the lighting at Hunnewell Field was allowed to remain until 10 PM. The NRC reduced the hours of lighting from 10 PM to 9:30 PM as part of a revised public policy decision that would allow for reasonable playing field time that would not substantially affect the site or the surrounding area.
The NRC discussed this regulation and concluded that as long as the soccer charity event uses the minimum lighting available, there would not be a substantial impact on the neighborhood since the lighting would be limited to 1 or 2 poles, and the applicant is required to notify abutters in the area as to the proposed charity event, and any concerns will be worked out with the NRC and the Police Department. After further discussion, a motion was made and seconded, and the NRC voted 4 – 0 to approve the request to use the NRC’s Hunnewell Field for a soccer charity event, conditioned on the approval of the Police Department and the use of minimal lighting in 1 or 2 light poles only, and all costs will be covered by the applicant, and the applicant will notify all abutters in the area on Linden Street, Rice
Street, and State Street, subject to review and approval by the NRC.
Ms. Bowser stated that she will be in contact with Police Chief Terri Cunningham regarding this event and she will work with the applicant regarding the development of an abutters list.
Discussion/Approval Re: Perrin Park Summer Dog Off-Leash Hours and Regulations
It was the general sense of the NRC that they propose to continue the same hours as last summer. Mr. Seaborn asked for feedback from those attending the meeting. Ms. Pace Wilson from the Wellesley Dog Organization stated that last year’s hours would be fine. She also suggested that next year there be no gap between June and July when the spring hours and the summer hours are in effect. Irene Weimer of Berkley Road identified a number of issues at Perrin. She stated that the neighborhood has seen an increase in activity before 7 AM, when dogs are allowed off-leash dogs and sometimes it is because of people walking along the path talking too loudly and letting their dogs bark in the early morning hours and waking people up. Ms. Weimer stated that the residents on Berkley Road and Leewood Road
are affected the most, as many of them have homes within 20’ of the path. She said that this issue has come up in the past and has been an on-going issue for years. She asked if it was possible to have a number of signs stating that the park is open from 7 AM to dusk. She stated that the off-leash hours for dog regulations state that dog hours begin at 7 AM, however, there is no sign that states the actual park hours. Ms. Weimer stated that people do not realize that they are waking people up until they are told, and Perrin has such a large number of abutters and surrounding residents that she feels that it makes sense to have a sign that states the park hours and she requested that the NRC do so.
The NRC discussed this request to establish the park hours from 7AM to dusk and there was general agreement that in order to address the neighbors’ concern about the early morning noise that they would set the park hours from 7AM to dusk. There was some discussion about the location of the signs indicating these hours and they will request that the DPW post signs at all 3 entrances to the park on existing sign posts, which would be on Thomas Road at the entrance at the turnaround, at the Beechwood entrance and at the Parker Road pedestrian entrance. After a motion was made and seconded, the NRC voted 4-0 to establish the Perrin Park hours from 7 AM until dusk and they will install new park signs indicating these hours.
Mr. Seaborn asked for comments regarding the summer off-leash dog hours. Ms. Weimer stated that the summer hours as approved last year would be acceptable, although over the past weeks there have been several unfortunate incidents involving off-leash dogs that she wanted to share. She stated that several weeks ago an off-leash dog ran into the tot lot, and before the owner could get it, there was a lot of disturbance and screaming children. The parents and the dog owner ended up in a screaming match, which was unfortunate, and then the off-leash dog ran up to a mother and baby in a baby carriage and the dog jumped on the baby in the carriage, snatched a blanket and ran away with it. She said that she is reporting this because most incidents in the park go unreported. She said that she walks her dog on-leash at
all times in Perrin Park and many times people state their appreciation to her that she is keeping her dog on-leash.
Ms. Kerry Sullivan of Leewood Road stated that she would like to see stronger language with regard to the barking issue on a new sign. The NRC agreed to place stronger language on the sign, which will ask users of the park to control their dogs from barking and that users of the park should respect the privacy and property of the surrounding neighborhood. After further discussion, a motion was made and seconded and the NRC voted 4-0 to approve the following off-leash hours at Perrin Park and signage language:
2010 Summer Off-leash Dog Hours at Perrin Park (EFFECTIVE JUNE 25 – AUGUST 30, 2010)
Off-Leash Hours:
7:00 AM - 9:30 AM~~~~~~ Everyday~
6:00 PM to 8:00 PM ~~~~or dusk, whichever is earlier, Everyday
REGULATIONS ISSUED PURSUANT TO NRC AUTHORITY UNDER MGL Ch. 45
Please be Considerate – Control Your Dog from Barking (to be posted on sign)
Please Respect the Privacy and Property of the Surrounding Neighbors (to be posted on sign)
Discussion RE: Possible Site Options for High School Ropes Course on NRC Hunnewell Field Land
Suzi Newman of the School Committee, Liam Hurley from the School Business Administration Department and Tony Duval, who manages the High School ropes course, attended the meeting to outline possible site options for the High School ropes course on Hunnewell Field, which is under the NRC’s jurisdiction. Mr. Hurley circulated maps and a site plan showing an approximate location for the Ropes Course Phase 1, which is a climbing tower proposed to be located next to the stone dust path, which is located next to the current parking lot that will be reconverted back to a basketball court. He stated that 6 poles are involved in the climbing structure, which are all on High School land, and then an additional 2 poles will need to be installed on NRC land, which are part of a pole structure. Mr. Hurley
indicated that a number of trees will be required to come down, and indicated that most of the trees are smaller trees, and he will flag trees and stake out the area for further consideration. Mr. Cramer asked if alternatives were evaluated and Mr. Hurley said that they were, but most areas are used for other athletic purposes or are extremely wet, and that they determined that this was the best site available.
After further discussion, it was the general sense of the NRC to grant preliminary approval of the proposed climbing structure on NRC land in an area identified by the School Department, subject to further review and permitting by the Wetlands Protection Committee. Ms. Bowser said that she will work with Mr. Hurley on the filing of a Wetlands permit and that final review and approval will be granted by the NRC once the Wetland Permit is in hand. After the NRC granted its preliminary approval for the project, they requested that the School Department stake-out where the poles will be located and flag all trees that will be removed for further review and approval by the NRC.
Discussion/Approval of Fuller Brook Design Services Contract to Pressley Associates
Ms. Bowser reviewed with the NRC the technical proposal submitted by Pressley Associates for the Fuller Brook Design Services Contract. She stated that the Fuller Brook Park Coordinating Committee unanimously recommended and approved Pressley Associates for the contract based on the high quality of the proposal and the presentation made to the Committee on June 8, 2010. Ms. Bowser reviewed with the NRC the proposal from Pressley Associates and stated that the Committee felt that the strength of the proposal was the firm’s experience in historic landscape design and park landscape work and also the strength exhibited by Pressley’s sub-consultants, which include: Tree Specialists, which completed the vegetation assessment in the original Master Plan; AECOM, which will focus on stormwater
related issues; and LEC, which will serve as environmental consultants focusing on wetlands issues. After a motion was made and seconded, the NRC voted 4-0 to approve the award of the Fuller Brook Design Services Contract to Pressley Associates.
Ms. Bowser, Mr. Seaborn and Ms. Gross updated the NRC on the status of the progress being made with the plan and hiring a Town project manager. Ms. Bowser stated that a pre-award conference has been scheduled on July 7th with Pressley Associates and the kick-off meeting with Pressley Associates and the subcontractors is scheduled for July 14th. Ms. Bowser stated that she is currently scheduling interviews for the Town project manager position for Thursday, July 1st. She stated that she, Mr. Seaborn and Ms. Gross will conduct the interviews, and that she hopes to finalize all reference checks and contracts with Pressley Associates and the project manager by July 7th.
Director’s Report
Update on Boulder Brook Reservation Unauthorized Tree Removals
Ms. Bowser updated the NRC on the Boulder Brook tree removals matter and indicated that there was an article in the Wellesley Townsman regarding the damages that the NRC is seeking, and that she has received a number of phone calls regarding the article from residents saying that they appreciate the NRC’s efforts. She stated that she continues to work with Town Counsel to move forward with a possible settlement on this matter. Ms. Bowser indicated that when a settlement is reached on this matter that site restoration, mitigation and improvement at this site in the Boulder Brook Reservation will be further discussed by the NRC.
Update on 27 Washington Street Conservation Restriction
Ms. Bowser stated that she is working with National Development on this Conservation Restriction (CR) and she is hopeful that in September or October the language on this Conservation Restriction will be agreed upon. Ms. Bowser stated that the procedure for the CR approval requires that the NRC approve it first as the grantee and then approval is given by the Board of Selectmen followed by approval by the State Executive Office of Energy and Environmental Affairs.
Update on Morses Pond Dredging Project, Hydro-raking and Phosphorus Inactivation Program
Ms. Bowser updated the NRC on the status of these projects and stated that the hydro-raking in the dredging area went extremely well and that Dr. Ken Wagner, the NRC’s Morses Pond Manager, was very pleased with the results. It was the general sense from the Recreation Department that the Morses Pond Beach is looking very good this year, which can be attributed to both the weed harvesting and the Phosphorus Inactivation Program.
Update on Metropolitan Area Planning Council Regional Open Space Initiative
Ms. Bowser stated that she was contacted by the MAPC regarding this initiative to improve regional opportunities for open space connections in the Metrowest area. Ms. Bowser stated that she will be representing the NRC on this initiative and will keep the NRC updated on the progress of this plan.
Update on Public Shade Tree Removal Hearing
Ms. Bowser stated that the NRC will be holding a Public Shade Tree Removal Hearing in August and that Mr. Seaborn and Ms. Gross, the NRC’s Tree Subcommittee, will be scheduling a site meeting with the DPW’s Kent Warren to review the proposed trees to be removed. She stated that one tree on Wellesley Avenue has been an issue with the neighborhood in the past and she will reach out to the neighborhood representatives to ensure that they are aware of this proposed tree removal.
Update on NRC’s IPM/Organic Land Management Plan
Ms. Bowser stated that she has not had the time to evaluate the NRC’s Organic Land Management Plan developed by Chip Osborne, but that some point in the near future the NRC and DPW will need to review and approve the plan. She stated that the timing is good, since Perrin Park is being evaluated this fiscal year for a new design of the athletic field, which should be done in accordance with the new IPM/Organic Land Management Plan.
Update on Changes/New Requirements of the Open Meeting Law
Ms. Bowser reviewed with the NRC a memorandum from the Mass. Attorney General’s Office outlining the revised Open Meeting Law under the 2009 Ethics Reform Bill. She stated that the effective date of the revised law is July 1, 2010 and that the Town Clerk and Town Counsel will be providing more information on the regulations and compliance dates. She stated that the major changes are substantive in nature and make the definition of a “deliberation” much broader, so that any deliberation, even between 2 board members, is not allowed regarding any topic that is before the board. She stressed that this prohibition applies to emails, face-to-face discussions and phone calls, and members are now on notice that they should not be discussing any topic that may come before the NRC and that members need to be more
careful regarding any discussions. Ms. Bowser also stated that minutes are now required to contain more detail, but because the NRC Minutes are already extremely detailed, that this should not impact the NRC. She also stated that notification of meetings will have to include agenda items and topics to be discussed. Ms. Bowser will keep the NRC informed on information regarding the Open Meeting Law.
Concerns Regarding Trails Committee Using an Herbicide at Centennial Reservation
Ms. Bowser stated that she received an email from Trails member Denny Nackoney indicating that he had used a herbicide spray at Centennial Reservation to kill poison ivy for a Trails Project, and she reminded the NRC that the NRC’s IPM Organic Land Management Policy prohibits the use of an herbicide on NRC land unless an emergency public health or environmental health situation exists and that a written notification and NRC approval is required prior to any herbicide application. Ms. Gaughan stated that this was an oversight, and that she will talk with the
Trails Committee regarding this issue and to ensure that it will not happen again.
Liaison Reports/Continued Business/New Business
Update on Lower Falls Charles River Park Project
Mr. Seaborn stated that the bridge project is on schedule for this summer and it is his understanding that National Development will be funding all or part of the Town right-of-way path, but it is not clear who will pay for the park improvements. Mr. Seaborn will keep the NRC updated on the status of this project.
Update on Possible Town Recreation Complex on St. James Property
Ms. Gaughan, who is representing the NRC on the Town Development Review Team meetings for the St. James property, updated the NRC on the progress for this project and stated that this group has secured $25,000 in funding for an appraisal of the property, as well as for beginning some planning work in anticipation of the parcel coming on the market. The proposed Town recreation complex includes some configuration of new athletic fields, a possible hockey rink and a swimming pool Other possible uses for the site as identified in a Planning Board study
include construction of single family residences and/or a residential development that includes affordable housing. There was also a discussion for a potential senior center at the property. Ms. Gaughan stated that all potential uses are speculative at this point and this is very preliminary planning in order for the Town to be in a position to move on bidding for the property, should the property come on the market. Ms. Gaughan also voiced some concern that there have been discussions about a possible land swamp to place the swimming pool on the Hunnewell Field, which is under the NRC’s jurisdiction, in order to allow all of the St. James Property to be purchased with CPC money. Currently, the CPA statute does not allow purchase of property for any type of structure, which would include a swimming pool. There was some concern that a recent newspaper article on this matter referenced buying the land with CPA money for open space
purposes, but the correct category would be recreation purposes, as there is no open space on the St. James Property that has any value to the Town, and therefore CPA funds could not be utilized there for open space purposes.
Review/ Approval of the NRC Minutes of 5/17/10 and Executive Session Minutes of 5/23/10
After a motion was made and seconded, the NRC voted 3-0 to approve the May 17, 2010 Meeting Minutes and Executive Session Meeting Minutes of May 23, 2010 as written.
Adjournment
After a motion was made and seconded, the NRC voted 3– 0 to adjourn the meeting.
The meeting adjourned at 12 noon.
Respectfully submitted:
Janet Hartke Bowser
NRC Director
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