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Approved 1/13/08
TOWN OF WELLESLEY
NATURAL RESOURCES COMMISSION
MEETING MINUTES
December 16, 2008, 7:30 PM
NRC Office, Lower Level, Town Hall
Attending: Joan Gaughan, Chair, Richard Bashian, Vice Chair, Neal Seaborn, Heidi Gross,
Janet Hartke Bowser, NRC Director.
Attending by Conference Call: Paul Cramer, Secretary.
Guests: Noreen Hardin, 172 Linden Street, Barbara Rosen, 172 Linden St. Amy Barhelder, 6 Wingate Road, Lisa Magidson, 12 Parker Road, Jeanne Nilsson, 7 Bryn Mawr Road, Patricia Prior, 71 Parker Road, Donna Helwig, 202 Cedar St., Will Berry, 12 Pine Plain Road, Todd Bida, 22 Thomas Road, Caren and Ken Stanley, Hampshire Road, Jennifer Olivetti, 15 Thomas Road, Pam Connelly, 29 Thomas Road, Daniel Moshief, 91 Mayo Road, Nancy Pilecki, 12 Bryn Mawr Road, Michael and Janice Humphreys, 19 Bryn Mawr Road, Irene Weimer, 17 Berkeley Street, Deborah Ellinger, 49 Sawyer Road, Pace Wilson, 24 Beverly Road, Howard Hayman, 201 Bristol Road, Maryanne Tuohy, 105 Albion Road, Marylyn Levy , 21 Royalston Road, David Stone, 58 Parker Toad, Harold McCormick, 29 Thomas Road, Karen Demco, 40 Chesterton
Road, Paula Alvany, 41 Suffolk Road, Jose Velez, 41 Suffolk Road, Kerry Sullivan, 21 Leewood Rd., Jim Montalto, 7 Leeward Road, Linda Hartley, 71 Alba Road, Katy Devlin, 17 Edmunds Road, Ellen Gibbs, 26 South Woodside, Michael Caruso, 38 Garrison Road, Mark Fontanella, 111 Manor Avenue, Paul Harden, 137 Hampshire Rd., Jessica Stanton, 172 Hampshire Road, Carlos Gimeno, 65 Beverly Road, Mike Humphreys, Board of Public Works and resident of Bryn Mawr Road.
Public Voice Re: Dog Control Issues at Perrin Park
Ms. Gaughan encouraged anyone attending the meeting who would like to comment on the Perrin Park dog leash issue to speak at Public Voice, since the meeting agenda item regarding the dog control issue will be limited to a Board discussion only. Ms. Gaughan stated that because the Board has not had an opportunity to discuss this issue in depth, and that the Board needs time to discuss this matter amongst themselves without interruption, and that public feedback should be presented during public voice. Mr. Mike Humphreys, a member of the Board of Public Works, and a resident of Bryn Mawr Road, which is adjacent to Perrin Park, stated that the NRC is the DPW’s client, and he inquired as to what role the Board of Public Works may have in helping the NRC to develop a solution to this issue. Ms. Gaughan stated
that as part of the information-gathering phase, that the NRC will be gathering input from a number of interested parties, including the DPW. Mr. Cramer stated that he would be looking to ask for DPW feedback on a wide range of issues related to the dog control issue, including the number of dogs on the field, what the scope of field needs are, what the field maintenance issues are, and the amount of damage by dogs to the fields. He stated that he understands that the DPW has an upcoming Capital Project to improve the fields at Perrin Park, and that the NRC will need to work closely with the DPW so that they can clearly outline the improvements to the fields.
Ms. Gaughan stated that the public should be aware that the NRC will be discussing this matter later in their agenda, and they will be considering holding a public hearing in order to get feedback from parties on all sides of the issue. Ms. Kerry Sullivan of 21 Leewood Road stated that she strongly supports the NRC Leash Law at Perrin Park. She stated that her property directly abuts Perrin Park and that she has lived there for 30 years. She said that she has seen Perrin go from a School property to a neighborhood park, and now to a park where no children or their parents want to go to because it has essentially become a dog park with too many dogs off-leash. She has said that she has seen over the past several years a dramatic increase in the number of out of control dogs in large packs and in the
amount of dog poop on the field and that children are being chased by dogs, and that in general there is very limited open space in this side of Town and that the new leash law has allowed people to begin to enjoy this park again without multiple dogs off-leash. She inquired as to why the NRC is only looking at Perrin to try to address the dog issue, and why they are not looking throughout Town to address the issue. Her opinion, as both a direct abutter to the park and someone who uses the park, is that there is not a suitable off-leash compromise and that dogs should always be on leash at Perrin since the park is so small and has so many playground, park, and playing field users that dogs off-leash will always be in conflict with other park users. Mr. Harold McCormick of 29 Thomas Road, who has live in the neighborhood for over 20 years, stated that he would like to see some off-leash hours, and that he believes that fewer people are now using the park because of
the leash regulation. Mr. Todd Bida of 22 Thomas Road stated that he is strong supporter of the new leash rule because of health and safety issues. He stated that residents are starting to come back to the park now when they realize that dogs have to be on-leash and that he has had many experiences in the past when his daughter was terrorized in the park by dogs off-leash. He stated that he believes that dogs off-leash pose a significant health threat due to the large amount of dog poop in the park, and that he has tried to have people observe the on-leash rule, but that he has had to report many dogs off-leash since the rule went into effect, and it is his opinion that many people are not complying with the rule. Ms. Pace Wilson of the W. Dog Group outlined the current efforts of the organization to work with the neighborhood to see if there is a compromise. She said that they held several meetings, but there is no consensus at this point. Ms.
Deborah Ellinger of the W. Dog Group briefly reviewed with the NRC a proposal that was previously distributed to the NRC Members. She said that W. Dog is now asking for some off-leash hours at Perrin Park in order to have a shared-use park and they believe that setting specific hours for off-leash dogs would be a decent compromise. She stated that her proposal includes having a poop control company such as “Duty Calls,” pick up the dog poop on property. She said that her proposal includes park improvements such as the removal of poison ivy, particularly in the southeast section of the park, and that the Tot Lot would be fenced in under the proposal. She said that the group is prepared to do fund raising for these improvements. She stated that W. Dog will organize volunteers to help monitor the situation and to ensure that all dog owners follow the rules. She stated that the proposal also includes the creation of a dog park at
Centennial Reservation with a mowed field area and expanded parking area that W. Dog would pay for.
In addition to holding a Public Hearing, Mr. Bashian stated that he would like to work with a small group of individuals representing both sides of this issue in order to explore possible compromises. Mr. Bashian asked those in attendance to put an asterix next to their name on the attendance sheet if they are interested in working with him in a small group and he indicated that he will contact them regarding a meeting schedule. Mr. Cramer agreed that the NRC needs to hold a Public Hearing on this issue, and that additional information needs to be gathered from the Police, the DPW regarding field impact by the dogs, Animal Control Officer Sue Webb regarding animal control and enforcement issues, and feedback from the Playing Fields Task Force regarding impact on the fields and sports issues. He stated that all of this
information needs to be gathered and aired in a Public Hearing and that the NRC should not be rushing to judgment on this issue and that it is in everyone’s best interest to slow the process down and to gather as much information as possible before making a any changes or compromises. He also stated that there are many open spaces in Town where dogs can be off-leash, but under control, including all the NRC’s conservation land and most of the Town’s parkland, and he questioned why W. Dog members are not happy with going to other locations. Mr. Todd Bida of Thomas Road voiced a concern that the NRC is being pressured by W. Dog members to reconsider their leash rule and he said that there are many neighbors who support the leash rule who have not come forward because they are intimidated by the W. Dog Group. There was some discussion that the W. Dog issues revolve among the social gathering aspect of the dog owners and their enjoyment of
getting together at Perrin Park, rather than being just a dog control and land management issue. Ms. Gaughan thanked everyone attending the meeting for their input and said the NRC would now continue their discussion, so that the Board can discuss the next steps and the process to be used to address this situation.
NRC Discussion RE: Dog Use and Control Issues on NRC Land
The NRC discussed the dog control problem as well as the priorities of use at Perrin. Mr. Cramer stated that if, in fact, the top priority at Perrin Park is to provide for an athletic field for use by the Town’s children, then that priority needs to take priority over all other uses at the park. He stated that there needs to be further discussion about why Perrin has become a dog park, and why we do not have a large number of dogs at the other small parks and athletic fields throughout Town. Mr. Bashian stated that a public meeting to collect data would be helpful and a compromise between the W. Dog Group and the neighbors may have been reached by the time a Public Hearing is held. Mr. Seaborn stated that he has concerns that if the NRC has no well-defined understanding of the problem and the
possible solutions, then it would be difficult to hold a productive public hearing. He said that the NRC held four public hearings to consider changes and improvements at the Reidy Field and that these hearing allowed the NRC to reach out to the neighbors, get feedback, and reach the best solution for the Town. Ms. Gross stated that she agrees that the NRC should hold a public hearing, and it is her opinion the NRC will need a consensus on any solution that is considered. Mr. Cramer stated that the NRC should carefully consider enforcement issues and that volunteers cannot fairly be held responsible for enforcement. He stated that any of the compromises proposed by the W. Dog Group must be practicable and achievable, and any proposal to relax the leash rule on a trial period should include clear and achievable rules and responsibilities.
Ms. Bowser stated that she will check to see what Town facilities are available. There was some discussion regarding a publicity effort for the hearing and the general agreement was that a mailing would be sent to the entire precinct around Perrin Park. Mr. Todd Bida of Thomas Road stated that he believes that this is a Town-wide issue and it should be dealt with as in issue that affects all NRC land, and that he strongly encouraged the NRC to invite all Town residents. The NRC agreed that they will conduct an extensive publicity effort through a mailing to the neighborhood, as well as a press release to the Townsman and the Globe. Ms. Gaughan thanked all of those attending for coming to the meeting, and for providing their feedback on this matter.
Review/Discussion RE: NRC FY10 Operating Budget Submittal to Advisory Committee
Ms. Bowser reviewed with the NRC the proposed FY10 Operating Budget, which complies with the Advisory Committee’s request for an increase of 1% and she reviewed with them a more recent memorandum from the Selectmen’s Office that requests that FY10 Budget submissions be level-funded with a 0% increase from FY 09 budgets. Ms. Bowser stated that after a review of the NRC Budget, she believes that the NRC can submit an FY10 Budget Request that is level funded at the FY09 level. After further review and discussion, a motion was made and seconded, and the NRC voted 4-0 to approve the FY10 Operating Budget, which has a 0% increase from its FY09 Operating Budget.
Review/Discussion RE: Morses Pond FY10 Operating Budget Submittal to Advisory Committee
Ms. Bowser reviewed with the NRC the FY10 Morses Pond Operating Budget, which she had previously reviewed with Mr. Seaborn, Dr. Ken Wagner, the NRC’s Pond Manager, and with Town Engineer Steve Fader. After further review and discussion, a motion was made and seconded and the NRC voted 4-0 to approve the FY10 Operating Budget for the Morses Pond Project, subject to any downward revision to any operating costs after further review with the Recreation Commission and the Board of Public Works.
Review/Approval of Community Preservation Project for Preservation of Sprague Clock Tower
Ms. Bowser reviewed with the NRC an application for CPA funding for improvements and preservation of the Isaiah Sprague Clock Tower. Ms. Bowser stated that this application was completed by DPW Landscape Architect Cricket Vlass, and she outlined that the goal of the project is to preserve the structural integrity of the 80 year-old Sprague Memorial Clock Tower, which was built in 1928, and is located on the grounds of Elm Park, which is also known as Clock Tower Park and is located on NRC parkland. Clock Tower Park is central to Wellesley Hills and the Clock Tower stands as an icon in the center of the park. Residents come to this park to picnic and to enjoy the open space provided by this park. Ms. Bowser noted that in 2007 both the Isaiah Sprague Clock Tower and the Clock Tower Park were listed on
the National Register of Historic Places, which was funded through a CPA Project. Ms. Bowser noted that the application states that the project’s success will be achieved when the structure is stabilized through structural reinforcement, weatherization, and the correction of deteriorating conditions. After further review and discussion, the NRC was in agreement that this structure needs to be preserved and they strongly encouraged the Community Preservation Committee to support this important project. After a motion was made and seconded, the NRC voted 4-0 to support the preservation of the Isaiah Sprague Clock Tower in Clock Tower Park and to support the funding of this CPA project by the Community Preservation Committee.
Directors Report
Report on “River Visions” Watershed Forum Dec. 6th
Ms. Bowser stated that she attended this 10th Annual SoAsCo Watershed (Sudbury, Assabet, Concord River) Forum, and the focus of the forum was on the “greening” of the watershed, including LEED, low impact development, and other tools to respond to climate change. Ms. Bowser stated that she with an employee from the Town of Littleton DPW, who organized a public/private partnership with a $600,000 budget, which included substantial grant money from the DCR Clean Lakes Program, and she stated that she will follow-up with a meeting with the Littleton DPW to discuss and evaluate the elements for their low-impact development program since it has relevant applications to the Morses Pond Project.
Report of NRC Presentation to Advisory Committee on December 10, 2008
Ms. Bowser stated that she, Ms. Gaughan, and Mr. Seaborn attended this meeting to present the NRC FY10 Capital Budget and the Morses Pond FY10 Capital Budget. She stated that Advisory indicated that there is increased pressure on Capital Projects and the Capital Budget this year is smaller Town-wide, and it is likely that some cuts will be made to all Departments capital requests.
Reauthorization of Wetlands Filing Fee Expenditures Pursuant to MCL c. 44
Ms. Bowser stated that every year Town Meeting reauthorizes a number of revolving fund accounts for the purpose of funding a number of activities in Town. She stated that the NRC has two such funds, including the Wetlands Filing Fee Revolving Fund and the Brookside Gardens Revolving Fund. She stated that in past years, the Wetlands Filing Fee Revolving Fund authorized expenditures has not reflected the actual total balance in the Wetlands Filing Fee Account and it is recommended that in the future Town Meeting be requested to authorize expenditures from this revolving fund account to reflect the actual balance in the account. After further discussion, a motion was made and seconded and the NRC voted 4-0 to submit a request that the Revolving Fund Article allow for the expenditure of the Wetlands Filing Fees
so that the amount would reflect the current total balance in the Wetlands Filing Fee Account at the time of Town Meeting.
Update on Fuller Brook Park Preservation Master Plan. No new information was available on the Master Plan, and the NRC will work on the Plan as time becomes available.
Update on Morses Pond Watershed Protection Educational Program
Ms. Bowser stated that she and Mr. Seaborn met with Mr. Ken Wagner, the NRC’s Morses Pond Consultant, and with Town Engineer Steve Fader to discuss the elements of the Watershed Protection Educational Program, focusing on the further development of the website. Ms. Bowser stated that she will keep the NRC informed on the status of this project.
Update on NRC Participation in Planning Board Pedestrian and Bike and Walkway Plan
Ms. Bowser stated that the Planning Board received capital money last year to hire a consultant to help them develop a Town-wide Pedestrian, Bike and Walkway Plan, and that she and Bob White of the Trails Committee will represent the NRC on the Committee. Ms. Bowser stated that she will keep the NRC informed on the status of this project.
Update on Open Space and Recreation Plan
Ms. Bowser stated that Advisory Committee Liaison Kathy Macdonald has indicated that she is not eligible to work as a consultant to the NRC on this plan because of her membership o the Advisory Committee, but she recommended a colleague for the project. Ms. Bowser stated that she is working to schedule a meeting with this individual to discuss work on this plan.
Request for Donation by Mass. Association of Conservation Commissions
Ms. Bowser reviewed with the NRC a letter from the Mass. Association of Conservation Commissions (MACC), which outlined its effort to help towns protect wetlands, open space and biological diversity through education and advocacy. The NRC and the Wetlands Protection Committee are both members of the MACC, but have not made additional donations in order to support its work. After further discussion, a motion was made and seconded and the NRC voted 4-0 in support of making a donation to this important organization for an amount not to exceed $100, which will come from the Wetlands Filing Fee Account. Ms. Bowser stated that the Wetlands Protection Committee is also voting on this donation to support the MACC.
Informal Discussion of Proposal to Construct a Dock/Boardwalk on NRC Land at Morses Pond Adjacent to 978 Worcester Road (Old Travel Inn Site on Route 9)
Ms. Bowser stated that the owner of this property, Mr. Dean Behrend, and his consultant have informally discussed proposing the construction of a dock/boardwalk on this Town land that is under the NRC’s jurisdiction. Ms. Bowser noted that several years ago when this property was first considered for development that the Trails Committee conducted a site visit and recommended that there were no feasible public trails connection or justification for construction of any kind of boardwalk in this area of Morses Pond. After further discussion, it was the sense of the NRC to wait until all construction has been completed on the site before they would consider any construction or alteration of natural resources on Town land and that any boardwalk would have to be open to the public.
Update on Playing Fields Task Force Improvement/Reconfiguration of Athletic Field Master Plan
Ms. Bowser updated the NRC on the Playing Fields Task Force’s proposal to develop a Master Plan for the Town’s playing fields with input from the NRC and the full PFTF. This item was discussed at the Playing Fields’ Meeting on December 12, 2008. She stated that the Master Plan would help define the playing fields future requirements including improvements to existing fields and possible expansion. She indicated that the discussion included looking at alternative sites in Town, including those on private property in Town, such as lands owned by Babson College, Wellesley College, and MassBay. She noted that at the meeting, the Soccer Organization indicated that MassBay is considering expanding soccer fields on the facility side of the property, below the faculty parking lot, and that they reached out to the
Soccer Organization, asking if they would pay for and install lights, and if so, Wellesley Soccer would be allowed to use the field for significant time frames. Ms. Bowser stated that she will keep the NRC updated on the status of the Playing Field Master Plan.
Update on Sediment Forebay Dredging Maintenance Work at Reeds Pond
Ms. Bowser updated the NRC on the dredging of the sediment forebay/gabion weir at Reeds Pond at the downstream end of the gabion weir at Woodside Avenue. She stated that originally the forebay was to be cleaned annually, but the sediment build-up has allowed for less frequent dredging. She stated that the DPW contracted out the dredging work in late October 2008, and approximately 120 cubic yards of sediment was removed from the forebay area. She stated that the sediment was determined to be clean and without contaminants and was hauled to the Town Recycling and Disposal Facility.
Liaison Reports/Continued Business/New Business
Update on Wellesley/Newton Charles River Bridge Preservation Project
Mr. Seaborn updated the NRC on the status of this project. He stated that the status of the grant application to the Department of Conservation and Recreation (DCR) is still undetermined and that the State has experienced a delay in issuing this grant. He stated that he continues to work extensively with representatives from Newton, including the Newton Conservators and the Newton Pedestrian and Bike Committee to develop and secure funding for this project. He stated that he will work with Ms. Gaughan to develop the long form application to the Wellesley CPC, and he distributed copies of the Newton CPC Application for Funding. Mr. Seaborn also distributed a letter from the Wellesley Historical Commission that indicates their support for the project and states that the Commission unanimously agreed
that the project constitutes an historic resource as defined by the Community Preservation Statute and that the Wellesley Historical Commission fully supports the application for Community Preservation funding. Mr. Seaborn stated that he will keep the NRC updated on the status of this project.
Update on Town Gift Acceptance Bylaw Committee
Ms. Gross stated that she continues to attend these Committee meetings, the aim of which is to develop a Town-Wide Gift Acceptance Policy that provides guidance to the Town’s elected boards, but allows them flexibility to implement their own Gift Acceptance Policy. Ms. Gaughan stated that she is working with Ms. Bowser to review and edit a proposed policy, which will be subject to the NRC’s review and approval prior to Town Meeting in March of 2009.
Review and Approval of NRC Meeting Minutes of December 16, 2008
After a motion was made and seconded, the NRC voted 4 – 0 to approve the NRC Meeting Minutes of November 18, 2008, as written by the NRC Director.
Next Scheduled NRC Meeting
The next NRC Meeting is scheduled for January 13, 2009 in the NRC Office in Town Hall.
Adjournment
After a motion was made and seconded, the NRC voted 4 – 0 to adjourn the meeting.
The meeting adjourned at 11:00 PM.
Respectfully submitted:
Janet Hartke Bowser
NRC Director
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