Town of Wellesley, Massachusetts

Approved 12/16/08

TOWN OF WELLESLEY

NATURAL RESOURCES COMMISSION

November 18, 2008

NRC Office, Lower Level, Town Hall

Attending: Joan Gaughan, Chair, Richard Bashian, Vice Chair, Neal Seaborn, Heidi Gross, Janet Bowser, NRC Director.

Absent: Paul Cramer, Secretary (conference called in at 8:30 PM).

Guests: Kathy Macdonald, Advisory Committee Board Liaison to the NRC, David Lim, 72 Donazetti, Denny Nackoney, Trails Committee, Mark Fontanella, 11 Manor Avenue, Deborah Ellinger, 49 Sawyer Road, Howard Hayman, 201 Bristol Road, Alice Dunfey, 202 Bristol Road, Lisa Magidson, 12 Parker Road, Linda Hartley, 71 Alba Road, John Maxwell, 18 Bryn Mawr Road, Sandy Mitchell, 15 Durant Road, Pam and Harold McCormack, 29 Thomas Road, Ken Stanley, 75 Hampshire Road, David Williams, 23 Upland Road, Noreen Hardin, 172 Linden Street, Paul Krupp, 33 Wachusett Road.

Denny Nackoney of the NRC’s Trails Committee briefly outlined a request by the Trails Committee to reroute the Fuller Brook Path in the Hunnewell Athletic Complex and High School area on NRC land. Mr. Nackoney stated that when the High School was built in 1938, the Fuller Brook Park was severed and the path was rerouted along to sidewalks on Rice and Paine Streets. At the NRC’s Public Hearing in June of 2004 for the Fuller Brook Park Preservation Master Plan, there was public support to restore the path to a more park-like path in this area. At the hearing, it was noted that moving the path off of the streets and routing it through the open space would likely reestablish the original intent of the path and provide an easy-to- follow pathway, which is consistent with the rest of the Fuller Brook Park. Mr. Nackoney stated that with the new High School site plan being finalized, the NRC’s Trails Committee would like to have the NRC’s approval to present their proposal for rerouting the path to the School Committee and the School Building Committee. Mr. Nackoney presented a draft memo and map that shows the current route of the Fuller Brook Path, as well as the new route. A portion of the new route is on School land, although the majority is on NRC parkland. He said that of immediate concern is a section on the new High School site between Rice Street and the existing trail entrance off of Paine Street. The Trails Committee’s proposed plan would require a new pathway to be built on the south side of the Caroline Brook Path and on the east side of the driveway. The proposed plan would preserve the Caroline Brook Path stone bridges in this area in order to maintain a scenic park environment. Ms. Bowser stated that the Fuller Brook Park Plan has already been submitted by the NRC’s Landscape Historian Shary Berg for placement on the National Register, and she voiced concern as to whether or not the plan can be revised at this point. Ms. Gross stated that she will inquire as to whether or not an amendment could be made to the existing nomination or whether this is a matter that could be addressed once the entire park is placed on the National Register. After a motion was made and seconded, the NRC voted 4-0 to support the NRC’s Trails Committee’s proposal to reroute the Fuller Brook Park pathway on Hunnewell Field land. The NRC noted that the Trails Committee will need to get permission from the School Committee, as well as from the NRC’s Wetlands Protection Committee for rerouting of the path, since a portion of the path is on School and is within a Wetlands Resource Area.

NRC Public Shade Tree Removal Public Hearing

Ms. Bowser stated that all trees proposed for removal at the hearing have been identified and posted, as required by State Law and legal ads have been placed for two consecutive weeks in the Wellesley Townsman. In accordance with NRC Policy, a letter was sent to approximately 20 abutters of each tree, notifying them of the Public Shade Tree Removal Hearing as well as outlining the reason that a tree in their neighborhood is proposed for removal. The NRC and the DPW will work to ensure that replacements trees will be installed for all trees approved for removal where appropriate and where a new tree can be accommodated. The NRC restated its policy that a public shade tree is only removed when it is severely diseased, is in substantial decline, or when it poses a public safety hazard, and then only after a public hearing where residents can express their views and concerns about the proposed tree’s removal. The NRC, in conjunction with the DPW, manages a proactive Tree Management Program that manages and protects over 3,000 Town-owned trees.

29-inch Norway Maple at 7 Tennyson Road

DPW Arborist Kent Warren stated that this tree has recently lost major branches in the canopy and that there is a public safety concern that this tree has a large cavity in the main crotch where the two leaders join and that there is decay that extends extensively down into the trunk and up into the leader. It was noted that the NRC previously denied removal of this tree and placed in on the DPW’s Watch List for further evaluation at its Public Hearings on November 20, 2007 and on June 10, 2008. After further discussion, a motion was made and seconded and the NRC voted 4-0 to approve the removal of this tree.

18” Sugar Maple at 5 Croton Street

The DPW stated that this tree is in severe decline with signs of trunk and root rot, and the DPW requests removal of this tree. It was noted that this tree was denied for removal at the NRC’s June 10, 2008 Public Shade Tree Removal Hearing and it was placed on the DPW’s Watch List. Ms. Gross stated that she, Mr. Seaborn, and Mr. Warren conducted a site visit for this tree, and it was their sense that it should be placed on the Watch List and be pruned, and it should have several more years of health. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to deny the removal of this tree and to place the tree on the Watch List.

30-inch Red Oak at 100 Fairbanks Road

DPW Arborist Greg Carr indicated that this tree was previously pruned and cabled on July 16, 2008. He noted in a written memo that there is some rot at the base of this tree and between the two leaders, and it should be considered for removal. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

20” Sugar Maple at 150 Barton Road

DPW Arborist Greg Carr indicated in a written memo that this tree is almost dead and is dropping branches in the resident’s yard. He indicated that there are signs of girdling roots and this tree will continue to decline and drop limbs until it is removed. Mr. Barnaby, a resident abutting the tree on Barton Road, supports the removal of the tree because it appears that it is in severe decline, and he indicated that they do not need any additional trees in this area, since this street is abutting Ouellet Park and is well treed. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

22” Hickory Tree at Wellesley Avenue Opposite 1 Hewins Farm Road

DPW Arborist Greg Carr indicated in a written memo that this tree has almost no crown left and will soon be dead. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

34-inch Red Oak on Wellesley Avenue Opposite 1 Hewins Farm Road

DPW Arborist Greg Carr indicated in a written memo that this tree has major trunk and butt rot, and it should be removed soon, and he also indicated that there is a bee’s nest located in the main back leader. After further discussion, a motion was made and seconded, the NRC voted 4-0 to approve the removal of the tree.

24-inch Red Maple on Wellesley Avenue Opposite Sawyer Park Road

DPW Arborist Greg Carr indicated in a written memo that this red maple has major trunk rot all the way up the main stem and should be removed. Mr. Kent Warren of the DPW indicated that the Town could replace up to three trees in this area, and the NRC concurred. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of the tree.

Large Red Oak at 114 Wellesley Avenue

DPW Arborist Kent Warren indicated that this large two-leader Red Oak tree is in serious decline and that the Town has done some dead wood pruning of the tree, but it appears that this tree is suffering from the effects of previous construction and possible injury from a leaking gas line. Mr. Warren noted that this tree is a serious threat to the public way and to the utilities, and its removal is strongly recommended. Ms. Gross stated that she, Mr. Seaborn and Mr. Warren conducted a site visit of this tree, and they confirmed that the tree has been damaged from gas leaks. There was extensive discussion concerning the need for the Town to examine gas line damage to trees, but that currently the Town has no equipment or the ability to test for such leaks and that the gas company is not obligated to determine if trees are damaged by gas leaks. The NRC stated that they would like to further pursue working with Mr. Ackerly from Gas Safety and Tree Preservation, who is willing to assess gas damage to the Town’s Public Shade Trees. The NRC agreed that this will be placed on an upcoming meeting agenda, and Mr. Quinn stated that Mr. Ackerly give a presentation to the DPW and that he strongly recommends that the NRC support and hire Mr. Ackerly for this important service. Mr. Quinn stated that he knows that several other towns in the area have hired Mr. Ackerly, including Brookline, and that the results have been very positive. Mr. Seaborn and Ms. Gross confirmed that in their opinion only the front leader of this tree should be removed, and that the back leader should be pruned and should remain and the tree should be placed on the Watch List. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of the front leader, only, and that the back leader will remain, and the tree will be placed on the DPW Watch List.

36-inch White Oak at 200 Grove Street

DPW Arborist Greg Carr indicated in a written memo that this tree is suffering from severe dieback, and has recently been pruned to remove dead wood. He stated that it appears that this tree is suffering from a gas leak and possible damage due to recent construction. He said that the tree is a threat to the public way and to the utilities. Mr. Seaborn and Ms. Gross stated that they believe that this tree should be placed on the Watch List and further pruned to improve its health. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to deny the removal of the tree and to place it on the DPW Watch List.

Sugar Maple at 2 Seaver Street

DPW Arborist Kent Warren stated that this tree has died back considerably and there are signs of trunk decay and poor root structure. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of the tree.

Sugar Maple at 27 Garrison Road

DPW Arborist Kent Warren stated that this Sugar Maple has signs of trunk decay and has a very poor root structure. He indicated that the DPW has removed several large dead limbs from this tree, and that the entire canopy is failing. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of the tree.

12” Sugar Maple at 332 Walnut Street and the Intersection of Washburn Avenue

DPW Arborist Kent Warren stated that this Sugar Maple has severe trunk rot at the root flare, as well as a poor canopy structure. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

25” Sugar Maple at 26 Kingsbury Street

DPW Arborist Kent Warren stated that this Sugar Maple has major decay at the root flare, as well as a poor canopy and many rotted cavities. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

43” Sugar Maple at 28 Valley Road

DPW Arborist Kent Warren stated that this Sugar Maple has some dead wood in the canopy and some signs of rot in the trunk. However, he recommends removal only of the dead wood and reduction of the canopy and to continue to monitor the tree and place it on the Watch List. Mr. Steven Robbins of 28 Valley Road attended the hearing and requested that the tree be removed for safety reasons. He asked that his safety concerns be placed on the record of the Meeting Minutes and that he would not be held liable for any damage due to an accident from the tree. The NRC concurred that he would not be liable for any damage resulting from this Public Shade Tree. Mr. Seaborn and Ms. Gross stated their support for retaining this tree and for pruning its deadwood only, since this tree was seen to be generally healthy and not likely to cause any safety issues. After further discussion, a motion was made and seconded, and the NRC voted 4-0 in concurrence with the DPW to retain this tree and to prune it and to place it on the Watch List.

26” Sugar Maple at 8 Windsor Road

DPW Arborist Kent Warren stated that this Sugar Maple has girdling roots and some decay at the root flare, and that there are also signs of major trunk decay. He stated that this tree has a very full canopy with a strong lean out toward the street and utilities and that its removal is recommended. Mr. Dan Hogan, a neighbor on Inverness Road, stated that many private trees have come done on Windsor Road recently and he regrets that the tree needs to be taken down. The NRC indicated that they will work with the DPW to try to replace as many trees as possible in this area. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

35” White Pine at 72 Donizetti Street

DPW Arborist Kent Warren stated that this White Pine is in serious decline and that the dieback appears to be the result of recent construction in the area, which caused root damage. Mr. David Lion, the owner of 72 Donizetti Street, stated that he supports this tree being removed due to safety reasons. Ms. Gross stated that there is a Town tree near this White Pine that will need to be evaluated for removal at the next Tree Hearing. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

19” Tulip Tree at 46 Hawthorne Road

DPW Arborist Kent Warren stated that this tree has a large rotted cavity at the trunk base mostly likely caused by a vehicle accident some time ago. He stated that the canopy is starting to show signs of decline, and that the failure of this tree would have a serious impact on the utilities if it is not removed. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of this tree.

7 Red Oak Trees in Boulder Brook Reservation

DPW Arborist Kent Warren stated that the DPW is proposing the removal of 7 Red Oak trees ranging in size from 8” diameter to 14” diameter, and that several of these trees have large cavities in the base of the trunk. He also stated that these trees should be removed in order to restore the Rocky Ledges scenic view, and that in the past the NRC has supported the removal of trees to restore the scenic vista at this location. Mr. Warren stated that the removed trees will be left on site and will be left in the woodlands to serve as wildlife habitat. The NRC discussed this in some detail, and they voiced concern about removing the healthy trees in order to allow for a vista. The Board concluded that because there are many trees in this area, they would support the removal of the proposed trees or order to preserve the scenic vista. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of these trees.

Removal of 4 Oak Trees from the Easterly Side of the Upper Meadow in Centennial Reservation

DPW Arborist Kent Warren stated that the DPW is proposing the removal of 4 Oak trees from the upper meadow at Centennial Reservation in order to restore the southerly view towards the Blue Hills. The NRC discussed whether or not to allow for the removal of these trees in order to preserve the scenic vista at this location, and they concluded that such removal would be permitted. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the removal of these trees.

Discussion With DPW Assistant Parks Supt. Mike Quinn Regarding Tree-Related Issues

Status of Tree Keeper Town-Tree Inventory and Computer Database.

Mr. Quinn provided an update on the Tree Keeper Town-Tree Inventory and Computer Database. He stated that the Town’s GIS Department felt that the Tree Keeper State software program was not a good fit for Wellesley, and they created their own Town-Tree Inventory on the Town’s GIS system. Mr. Quinn submitted a sample of the program and indicated that the NRC Department and the Commissioners could log-onto the program using Town computers. He stated that the NRC could work with the GIS Department to arrange access from the NRC Office, as well as set up a demonstration of the program. Mr. Quinn stated that the DPW Tree Care Foreman works directly with the GIS Office using a hand-held palm pilot software program in order to keep the inventory updated. Mr. Quinn stated that currently all of the Town’s public shade trees are entered into the inventory, and each tree will have its own maintenance record in addition to the basic inventory system regarding species, size and overall health. Mr. Quinn stated that currently the DPW is working on entering information on all Town trees located in parklands, but that they do not plan to enter information on conservation land trees.

Update on the Status of Holiday Lighting at Clock Tower Park

Mr. Bashian inquired as to whether or not holiday lighting at the Clock Tower Park could be reinstated. Mr. Quinn stated that the only tree available to be lit is a black maple and that tree is failing and does not have enough branches to support any lighting. He stated that the electrical box was out of code and was damaging the tree and needed to be removed. He stated that currently there is only one electrical source in the park, which will not provide easy access for light for any area of the park. Mr. Quinn suggested that Mr. Bashian contact the Municipal Light Plant to see if there is adequate power to light a string of lights or some other kind of lighting structure in the park.

Discussion with Dog Owners Regarding Dog Park Issues and Options

Ms. Gaughan welcomed representatives who have started to organize an Ad-Hoc Perrin Park Dog Owners Group in response to the NRC’s Leash Regulations at Perrin Park. The NRC Members briefly discussed why they voted to establish a leash regulation at Perrin Park, and at this point the regulation remains in effect. It was noted that the Playing Fields Task Force recently voted to support the NRC’s leash rule at Perrin Park, and they were supportive of the NRC working with the dog owners as long as the dogs don’t adversely affect the playing fields and the character of the neighborhood. The NRC indicated that they are open to hearing creative proposals to accommodate any user group of NRC land, including dog owners. Ms. Deborah Ellinger and Mr. Howard Hayman stated that they are representing a large number of dog owners who are concerned about the new regulation at Perrin Park. They made a presentation regarding people, parks and dogs that outlined possible recommendations and approaches for allowing residents to exercise their dogs in a well-defined and safe environment. It was the general sense of the NRC that there is no perfect space to create a dog park and that a better approach is to use existing open space that would allow dogs to be off-leash where there is no conflict or impact on playing fields, children in playgrounds, or other park users. Ms. Ellinger stated that they would like to employ a dual approach, which would be to identify and create a designated dog park for off-leash play, as well as develop new off-leash rules for Perrin and other shared-use parks. The NRC confirmed that at this point they are not reconsidering the leash rule at Perrin Park and they encouraged the dog group to evaluate other options for using Town open space. Ms. Ellinger stated that in her opinion the Tot Lot at Perrin Park should be fenced off in order to protect the children in that area. The NRC indicated that in the past, they have not received any requests regarding fencing the tot lot and they would be hesitant to consider this now, as dogs must be on-leash in the park and so children can play without being scared by dogs off-leash, and therefore there is no need for a fence around the tot lot at Perrin.

There was an extensive discussion regarding possible open space areas where dogs could be off-leash and the NRC noted that all of the Town’s conservation land, including Centennial Reservation and Boulder Brook Reservation, as well as Morses Pond Park, could all be used by off-leash dogs as long as the dogs are under voice control, and there is no conflict at these areas with a playing field or a playground, and they strongly recommended that the dog owners pursue use of these areas. Ms. Ellinger distributed a site suitability graph that outlined potential alternative dog parks, and indicated whether or not certain areas were favorable or unfavorable. The NRC indicated that they will need more time to review this information. Mr. Cramer inquired as to why the group is not interested in using the Boulder Brook Reservation area. Ms. Ellinger replied that they felt that this area was not suitable because it has a large number of ticks and is wet in some areas. She stated that she felt that the best option was a park that has level ground, adequate parking and a grassed area.

Ms. Ellinger stated that she agrees that there is a lack of awareness by some dog owners who were not following the voice control requirement and that the NRC’s leash rule at Perrin is a wake-up call and that they do need to be more diligent. Mr. Hayman stated that they would like to purse the possibility of some off-leash hours at Perrin, Park and he circulated a sample of rules from Brookline. Mr. Bashian voiced concern about the group self-regulating themselves, as they have not been able to do this at Perrin, and he indicated concern about off-leash dogs scaring children that use the park during the day and after school. The NRC encouraged the group to take their dogs to one of the many open space areas in Town where there are no playgrounds or playing fields in order to prevent playing field damage and to avoid conflicts with other park users. Ms. Gross stated that she does not see how this group could self-police itself, since in the past, they have not been able to do so, even after many warnings from the animal control officer. Ms. Gross stated that perhaps the group could propose some kind of management plan or rules. She also stated that Wellesley is one of the few towns in the area that has a very liberal leash law, and that the NRC may need to be stricter in the future. Mr. Seaborn stated that it is his experience that it is very difficult to sustain a volunteer base that is responsible for the maintenance of an area such as a park. He stated that such a park would have to be maintained by volunteers with a “poop patrol” and self-policing policy, which could be difficult. Ms. Gaughan stated that at many of the Town’s other park and playing fields, including Warren Park, Hunnewell, and Sprague that no dogs are allowed in these areas because of the playing fields and the intense use by residents. Mr. Bashian inquired as to why fencing would be needed if these dogs are in fact, kept under the owner’s voice control as required. After further discussion, the NRC thanked the group for attending the meeting and for voicing their concerns, and the NRC stated that any resident is welcome to come to the NRC’s meetings, and the NRC will have an open dialogue with them. The NRC concluded that no changes would be made to the leash law at Perrin Park at this point, and that they would be open to suggestions from dog owners or other residents as to how to accommodate the use of open space for dogs off-leash, as long as it has no negative impact on playing fields or conflicts with other park users enjoyment of open spaces.

Directors Report

Update on Town Hall Entrance Safety Improvement Projects

Ms. Bowser stated that at this point this project has been completed and that the new sidewalk has been installed and the new pedestrian entrance to Town Hall through the perimeter wall is being used. Ms. Bowser will send a message to the DPW in appreciation for their work on this project.

Update on 27 Washington Street Project Wetlands Permit Appeal

Ms. Bowser stated that at this point, one of the two appeals of this permit has been dismissed due to lack of standing under the State Wetlands Act and the Bylaw and that one appeal remains under both the State Law and Bylaw, and she is working with Wetlands Conservation Administrator Mr. Bossi and Town Counsel to resolve and appropriately respond to this appeal.

Update on Sewer Line Repair Access over Caroline and Fuller Brooks

Ms. Bowser stated that she received a request from Mr. Joe Duggan, DPW Water and Sewer Superintendent, to allow access to a sewer line pipe on Town land. Mr. Duggan indicated that the DPW have to make an emergency repair of a 10’ diameter sewer pipe on Town land, and that in order to access the pipe they need to cross Town Parkland in the Caroline Brook Path area. He stated that they will avoid cutting any trees larger than 1½ -inch in diameter, and hay bales will be used to contain all excavated materials during the repair. After a motion was made and seconded, the NRC voted 4-0 to allow the DPW access over Caroline Path to repair a damaged storm pipe and that any needed restoration of the area will be conducted in a timely manner.

Update on Meeting with the Green Ribbon Study Committee

Mr. Seaborn and Ms. Bowser stated that they met with Mary Anne Cluggish on October 29^th to review the Green Ribbon Study Committee’s work and to discuss how the NRC can be of assistance. No conclusions were reached, and Mr. Seaborn and Ms. Bowser will keep the NRC updated on the status of this effort.

Preparation for Capital Budget Presentation to Advisory Committee on December 10^th

The NRC discussed with Ms. Macdonald, the NRC’s Advisory Committee Board Liaison, the issues to be addressed during the NRC’s Capital Presentation to Advisory. There was discussion and clarification in regards to the Charles River Bridge Project, as well as to issues related to the Morses Pond Capital Budget Request.

Liaison Reports/Continued Business/New Business

Update on Wellesley/Newton Charles River Bridge Preservation Project

Mr. Seaborn stated that he has had a number of meetings with representatives from Newton and that they are working collaboratively on this project. He stated that the Newton groups have agreed to request $100,000 from the Newton Community Preservation Committee and NRC will be requesting approximately $130,000 from the Wellesley CPC for this joint project. Mr. Seaborn stated that he hopes to hear from the Department of Conservation and Recreation (DCR) this week regarding the NRC’s grant application for partial funding of the first phase of this project.

Review and Approval of NRC Meeting Minutes of October 28, 2008

After a motion was made and seconded, the NRC voted 4 – 0 to approve the NRC Meeting Minutes of October 28, 2008, as written.

Next Scheduled NRC Meeting

The next two NRC Meetings were scheduled for December 10^th, which is the NRC’s Meeting with the Advisory Committee, at Town Hall at 7:30 PM and on December 16th at 7:30 PM in the NRC Office.

After a motion was made and seconded, the NRC voted 4 – 0 to adjourn the meeting.

The meeting adjourned at 12:10 AM.

Respectfully submitted: