Town of Wellesley, Massachusetts

Approved 4/16/09

TOWN OF WELLESLEY

NATURAL RESOURCES COMMISSION

February 10, 2009, 7:30 PM

NRC Office, Lower Level, Town Hall

Attending: Joan Gaughan, Chair, Richard Bashian, Vice Chair, Neal Seaborn, Heidi Gross, Paul Cramer (joining the meeting by conference call at 8:45 PM), Janet Hartke Bowser, NRC Director.

Guests: Mary Jane Tuohy, 105 Albion Road, Howard Hayman, 201 Bristol Road, Ken Stanley, 75 Hampshire Road, Pamela McCormick, 29 Thomas Road, Jessica McKenna, 12 Bryn Mawr Road, Libby Hume, 5 Thomas Road, Pace Wilson, 24 Beverly Road, Mary Liz Levy, Royalston Road, Vernon Ellinger, Dr. Carlos Gimeno, Wetlands Protection Committee, Adam Bossi, NRC Conservation Administrator, Kathy Macdonald, NRC Liaison to the Advisory Committee, Rusty Kellogg, Advisory Committee Chair, Elana Zak, Wellesley Townsman Reporter.

Ms. Libby Hume of 5 Thomas Road spoke briefly regarding the Perrin Park Dog Control issue. She stated that she could not attend the NRC’s full discussion of this issue at 8:45 PM and she requested the opportunity to discuss this issue at Public Voice, and Ms. Gaughan stated that this would be allowed. Ms. Hume stated that she has lived on Thomas Road for nearly 30 years and that Perrin Park has become a dog park with the increase in dog use. She thanked the NRC for imposing the leash law and she encouraged the NRC to continue the leash law full time in order to allow park users the ability to enjoy and use the park. She stated that she is disappointed that even now with the leash law that many people are driving to Perrin Park and letting their dogs off-leash. She stated that just this morning there were 3 cars parked at Perrin Park and 4 dogs all running off-leash. She asked the NRC if dog owners cannot obey the rule now, why would the NRC allow a compromise that would relax the leash rule. She strongly encouraged the NRC to continue to enforce the leash rule at Perrin Park and she stated that a majority of her neighbors support the current rule.

Discussion with the Wetlands Protection Committee and the Advisory Committee Regarding Wetlands Protection Fund

Ms. Bowser provided background information for setting this discussion in context. Ms. Bowser stated that when she started as NRC Director over 11 years ago, she and Executive Director and Town Accountant Arnold Wakelin developed a system to deposit wetlands filing fees into a special dedicated account that could only be used for wetlands purposes in accordance with State Law and Mass. Dept. of Revenue Guidelines. She stated that over the years, the Wetlands expenses were taken out of the Wetlands Filing Fee Account and could only be used in accordance with State Law and DOR Guides. Ms. Bowser stated that the Town’s new accountant, Sheryl Strother, took a different approach and placed the Wetlands Filing Fees in a revolving account that she stated needed Town Meeting approval. A recent review of the current Mass. Department of Revenue Requirements by the Advisory Committee concluded that this approach was in violation of State Law and that the account should never have been changed to be a revolving account.

The NRC and Dr. Gimeno of the Wetlands Protection Committee discussed with members of the Advisory Committee the proper approach for handling Wetlands Filing Fees. A memo from Kathy Macdonald, the NRC Liaison to the Advisory Committee, outlined the particular issues that require clarification so that the Town is in compliance with State Law. Ms. Bowser stated that in the past there was a clear understanding on the part of the Wetlands Protection Committee, the NRC, and the Town Accounting Department that these funds were dedicated only for wetlands related expenses, including emergency situations such as a hazardous spill in a wetlands resource area that needed to be remediated, or a wetlands restoration project on Town land. She stated that the history of the Wetlands Filing Fees Account has been to use these funds as an emergency account, much like the Reserve Fund under the Advisory Committee’s control or the Town’s Stabilization Fund, which allows the Town to draw upon the account for emergencies or unforeseen expenses that otherwise could not be covered by the Town. Ms. Bowser distributed a spreadsheet showing the filing fee account status and also the Wetlands Filing Fees Account expenses over the last several years. Ms. Bowser stated that while some of the funds are used for Wetlands Staff Members’ educational efforts, as well as other basic Wetlands’ expenses as allowed under State Law and DOR guidance, that the fund has been treated as an emergency reserve fund that needs to be dedicated in order to pay for unforeseen and emergency wetlands expenses. Ms. Bowser stated that one example occurred approximately two years ago when there was an oil spill that migrated into the Fuller Brook area, and luckily the Board of Health, the Fire Department, and the NRC were able to identify the source of the spill as a leaking oil truck. Ms. Bowser stated that, however, if the responsible party had not been determined, it would have most likely have been the Wetlands Filing Fees Account that would need to pay for containing the oil spill and mitigating the impact of the spill or order to prevent damage to the wetland resources.

Mr. Neal Seaborn stated that another example of when these funds could be used was for improvements to the Caroline Brook area near the High School that had become full of debris and sedimentation and had become a mosquito breeding ground and that luckily the Middlesex District Mosquito Control Project had come in and completed the work at a cost of $100,000 to improve this wetlands resource area, but if those funds had not been available from the State, then there would have been a need to tap the Wetlands Filing Fees Account. Ms. Macdonald and Mr. Kellogg from the Advisory Committee stated that they have worked with Ms. Strother, the Town Accountant, and that the State Law and the Department of Revenue Guidelines will now be followed with regard to the accounting for the Wetlands Filing Fees Account, which will now revert back to a dedicated account and not a revolving account. After further discussion, the NRC and the Wetlands Protection Committee agreed that they need to further discuss this matter in more detail and to develop a strategic plan for use of the Wetlands Filing Fees Account. Ms. Macdonald requested that the Committees consider using a portion of the Wetlands Filing Fees Account to offset existing operating costs. Mr. Neal Seaborn, Dr. Carlos Gimeno, NRC Director Janet Hartke Bowser, NRC Conservation Administrator Adam Bossi, and Wetlands Protection Committee Chair Eric Seaborn all agreed to serve on the subcommittee to discuss this matter and they will report back to both the NRC and the Wetlands Protection Committee with their recommendations.

Appointment of George Roman to the NRC’s Wetlands Protection Committee

Ms. Bowser stated that currently the Wetlands Protection Committee has one unfilled voting position and that Mr. George Roman, a professional architect and a longtime Wellesley resident with a long history of service to the community, expressed interest in the position. Ms. Bowser stated that Mr. Roman had an extensive background of service to the Town and in Town civic activities, and he served as an original Conservation Commissioner for 3 terms prior to the formation of the Natural Resources Commission in 1970. Ms. Bowser noted that the Wetlands Protection Committee interviewed Mr. Roman for the position and voted 3-0 in favor of recommending to the NRC that Mr. Roman be appointed as a full member. Ms. Bowser indicated that Mr. Roman requested that he be appointed for a term of one-year to the Wetlands Protection Committee. After further discussion, a motion was made and seconded and the NRC voted 4-0 to appoint Mr. Roman as a full member of the NRC’s Wetlands Protection Committee for a term of one year.

Discussion and Vote Regarding Dog Use Regulations and Control Issues at Perrin Park

Ms. Gaughan asked for the opinion of each NRC member regarding the next course of action for Perrin Park, and she inquired as to whether members are ready to take further action in terms of acting on a compromise proposal to allow some off-leash hours for dogs at Perrin Park.

Mr. Cramer stated that the NRC’s primary concerns should be balancing the concerns of the park users and the dog walkers who want to use Perrin Park. He stated that in his opinion, the primary issue here is to keep the user groups, including the general park users, the youth sports leagues, the playground users, and the dog walkers as separate as possible and the need to compromise should be driven by setting specific hours for off-leash dog walking and limiting the number of dogs in the park, which will limit the damage to the playing fields.

Mr. Bashian stated that a solution at Perrin should balance the different needs of the various user groups of the park and minimize the impact on the neighbors and the playing fields.

Mr. Seaborn stated that in his opinion the goal is to keep separated the different user groups that may have conflicts. He stated that by imposing the leash rule, that the NRC got the attention of the dog owners. He stated that the NRC’s charge now involves not just working with the dog owners on the number of off-leash hours and dogs but also on helping the neighborhood live in harmony so that all parties can feel that their voices are being heard and that they are not being negatively impacted. He stated that he feels that the problem at Perrin is not so much the dogs, but that it really is a people problem, and he stated that throughout Town, there is approximately the same number of dogs in each neighborhood, but that these other neighborhoods do not have the same Perrin Park problem, and that in order to coexist, all parties must work together. He stated that all users including the youth sports leagues, casual walkers, users of the tot lot and the dog owners must have an incentive to make the environment better and that the NRC cannot renege on their statutory responsibility to be land stewards and that any Friends Group will have to answer directly to the NRC and that the NRC cannot rely on a Friends Group for all enforcement matters at Perrin Park.

Ms. Gross stated that she has heard from many voices on all sides of this issue and that she is sympathetic to the concerns of all park users and supports some type of compromise. She stated that all sides must work together and that the NRC has always given the abutters in a surrounding neighborhood special concern since they are impacted the most by any land issue problem. She stated that any compromise must enable the NRC to protect the land and the playing fields, as well as to allow all users to enjoy the park and at the same time ensure that there is no negative impact to the neighborhood.

Ms. Gaughan stated that the neighborhood concerns have focused on the increase of the impact due to the dog users, the increase in the amount of dog poop, the amount of dogs, the increase in the amount of noise, and the complaint of too many dogs off-leash. She stated that all users must be respectful of Town property and she agreed that separating the users is the key to a good compromise in this situation.

Mr. Cramer outlined the following issues and concerns that he felt could help frame the discussion and consideration of a compromise:

Many voices called out for “compromise” at~the NRC's open meeting on Saturday, February 7th. As your elected representatives we have tried to blend those calls into new regulations for the use of Perrin Park by dog owners. As with all compromises, some parties may still be unhappy with our approach, and we will monitor it to see if it in fact works. We believe it may be helpful to explain some principles underlying our reasoning.

Rights to use: Many residents across town use Perrin for different purposes. No one group has exclusive use of the park, and no one group should allow its use to destroy others’ ability to use the park appropriately. Abutters and neighbors who are more dramatically impacted by how the Park is used, however, should be listened to especially carefully, and their concerns (e.g., noise, litter) need to be addressed.

Separation: As we all know, Perrin is a multi-user park. Some uses conflict fairly dramatically, and no amount of talking will change that. It is not appropriate to have dogs running through the middle of soccer games; tots on bikes or joggers on the path should not be knocked over by sweet labs, no matter how unintended. Separation impacts how the park can be scheduled for use during the year, as well as on any given day.

Cleanliness/Health: All users of the park (e.g., dog owners, athletes, tots, walkers) need to clean up after themselves. No one has the right to treat other users as their “maids.” If this cannot be satisfactorily accomplished, more restrictive rules will need to be promulgated.

Maintenance: No one has the right to use the park in a way that will damage its use by others. It is reasonable to shut the fields at various times to avoid such potential damage, and all users must obey these rules. Any use that has a significant “wear and tear” effect on the park needs to be paid somehow.

Enforcement/Abuse: Spending significant amounts of Town resources on enforcing basic protocols and “neighborliness” is not a good use of our money. That said, “abusers” need to be disciplined either through peer pressure or Town sanction, including losing their right to use the park with their dog off-leash.

Some concerns cannot be reasonably satisfied by us. Some have mentioned their “fear” of dogs; we cannot do anything about that. Some have mentioned speeding traffic; we agree, but we cannot take on this town-wide problem.

Ms. Gross made a motion that the NRC adopt~a~model pilot program with regulations for off-leash dogs that are under control in Perrin Park, starting on~Feb. 12th~and ending on March 31^st 2009. This pilot approach, to be repeated every season, will serve to collect valid data, which sets the standards with which we can determine regulations for all Perrin Park users, with the following provisos:

#1. ~The number of dogs under the control of one owner is limited to 2, or three with a NRC permit.

#2. ~Off-leash dogs shall not exceed 8 at any one time. ~

#3. ~Daily hours are limited to 7 am - 9:30 am, including weekends. ~

#4. ~All feces and trash must be removed by dog owners. ~

#5. ~All dogs, on and off-leash, are excluded from the tot-lot.

#6. ~Fines for non-compliance may be levied up to $200.00. ~

Mr. Seaborn seconded the motion and Ms. Gaughan asked for discussion.

After some discussion, Ms. Gaughan proposed an amendment to delete the word “permanent” from the second paragraph of the original motion. The proposed amendment was seconded, and after further discussion, the NRC voted 4-0 to approve the proposed amendment to the motion.

After further discussion, Ms. Gaughan proposed a second amendment to the original motion, which would call for additional daily off-leash hours from 3 PM to 5 PM or dusk, whichever is earlier. There was no second to proposed amendment and the amendment failed.

There was further discussion with regard to the specific off-leash hours being considered under the original motion. The current motion proposed that daily hours for off-leash dogs is limited to 7 AM to 9:30 AM, including weekends. Mr. Bashian questioned the appropriate hours during the winter. Ms. Gaughan stated that she preferred the shorter time frame since many people may take their children or grandchildren to the park and playground starting at 9:30 AM.

Mr. Cramer stated that he went to Perrin Park this past Saturday and spoke to many of the parents whose children were using the tot lot and the park and they indicated that they use the park from around 9:30 AM to lunchtime, and then go home and come back in the afternoon. He stated that he thought that a 2 1/2 hour time frame in the morning to allow dogs off-leash is plenty of time and that there are many neighbors who want to use the park, but who stay away from the park if they know dogs will be off-leash. Mr. Cramer indicated that he didn’t think that there was a specific “magic” number to the number of off-leash hours, but he thought all users should have the ability to use the park in the morning.

Mr. Seaborn stated that he feels that 2 ½ hours of off-leash time per day in the morning is the best proposal for a pilot project, since this would be a practical approach to enforce. He stated that as a starting point for a pilot program, it would be easier to monitor and enforce a smaller window of hours and would allow the NRC to gather more complete data on which to base any future regulations. Mr. Seaborn stated that in his opinion, allowing only morning hours would be best and could provide a good basis for some statistical data and performance evaluation, as well as for easier enforcement by Sue Webb. He stated that in his opinion, spreading out the hours in both the morning and afternoon would make it much harder to evaluate the degree of compliance and the effectiveness of the new regulation. He stated that if the data comes back negative and there are compliance problems, the NRC would be better able to evaluate the situation. Mr. Bashian questioned how best to minimize the impact on the neighborhood, and it would be best to spread out the number of dogs using the park.

Mr. Cramer stated that from the abutters point of view, the compromise in the morning from 7 AM to 9:30 AM is a genie in a bottle issue, and by expanding hours, the NRC may be encouraging dog owners from Weston, Natick, and other neighboring towns to congregate at Perrin, which is already known as a dog park. He stated that there is already a defacto restriction on over-use of other parks because of limited parking, but at Perrin there is no such restriction, since there is ample parking and expanded off-leash hours may result in dogs coming from all over Town and from out-of-town to use Perrin. Mr. Cramer stated that a compromise at Perrin should include a restriction on hours and the NRC shouldn’t allow dogs off-leash at all times, since this is not fair to the neighborhood and will put the NRC back to where we were before the on-leash rule.

Ms. Gaughan stated that to begin a pilot program it is best to restrict the hours for off-leash dogs and if things work out, then the NRC can always increase the hours, but that the NRC should try to come up with a reasonable limit for a fair compromise, and she thought that having 8 dogs off-leash is a good starting point. Mr. Seaborn reminded the group that all dogs must be under control at all times and that this does not allow 8 dogs to be off-leash and out-of-control, and that any signage at Perrin must stress this requirement.

Mr. Bashian proposed an amendment to the current motion, which would allow off-leash afternoon hours from 2:30 PM to 5 PM or dusk, whichever is earlier. There was no second to the proposed amendment and the amendment failed.

Mr. Cramer voiced concern that the NRC never abdicated their responsibility for developing a compromise to the Perrin Park Dog Working Group, and that while this group was certainly encouraged to make suggestions, it was not a decision-making group and the NRC should not feel compelled to adopt the group’s recommendations. Mr. Bashian stated that the Working Group had equal representation and that 5 out of 8 voted for the recommendation to the NRC.

Ms. Gaughan proposed an amendment to the existing motion to extend the off-leash hours from 3 PM to 5:30 PM or dusk, whichever is earlier, including weekends. After further discussion, the motion was seconded, and the NRC voted 4-0 to approve this amendment to the motion under discussion.

Mr. Seaborn proposed an amendment to the existing motion to indicate that under both the first paragraph and in Rule #4, that dogs must be under control. The proposed amendment was seconded, and the NRC voted 4-0 to approve the amendment to the current motion under discussion.

Mr. Seaborn proposed an amendment to the existing motion adding a rule #7, which would state that no dogs are allowed in the park after dusk. This proposed amendment was seconded, and the NRC voted 4-0 to approve the amendment to the current motion under discussion.

Mr. Bashian questioned how best to determine during the initial trial period the appropriate number of dogs off-leash. Mr. Bashian proposed an amendment that during the initial trial period there be no limit on the number of dogs at Perrin Park during the off-leash hours so that the NRC could determine what was a reasonable number. There was no second to the proposed amendment and the amendment failed.

Mr. Cramer stated that when he was at Perrin Park this past Saturday, he spoke with the neighbors and those using the park and they stated that they regularly see large packs of dogs, which are not under their owners’ control, which has made Perrin Park a dog park. He suggested that the NRC consider looking at other areas in Town where a dog park could be created, including using the Morses Pond Parking Lot to create a dedicated dog park to address this issue. He stated that allowing an unlimited number of dogs will once again allow Perrin Park to become a dog park, and he expressed concern that an unlimited number of dogs could put Sue Webb in an untenable situation and make it extremely difficult for her to enforce the dog regulations.

Mr. Bashian proposed an amendment to the current motion under discussion to change the number of dogs allowed off-leash be increased to 10 from 8. There was no second to the proposed amendment and the amendment failed. Ms. Gaughan stated that in her opinion, 10 dogs off-leash is too many for a pilot program, and 8 is sufficient for a pilot program, and that if this program is successful, then perhaps the NRC can further discuss and reconsider the number, if there are no compliance problems. Mr. Cramer stated that based on the neighborhood’s complaints, the NRC must be responsive to their concerns and that placing a reasonable limit such as 8 on the number of dogs is responsive to their concerns.

Mr. Cramer stated that when he was at Perrin Park last Saturday, he saw off-leash dogs urinate in the tot lot sandbox and that it is important to have a bright line rule for enforcement for Sue Webb, and he would support some type of fence or barrier around the tot lot to prevent having dogs enter this area. He was concerned, however, that issuing a fine to any dogs that come into the tot lot would be difficult in terms of enforcement. There was general agreement by the NRC to post a sign stating that all dogs on and off-leash are not allowed in the tot lot, but not to issue fines for violations.

After further discussion, a motion was made and seconded and the NRC voted 4-0 to adopt~a~model pilot program with regulations for off-leash dogs that are under control in Perrin Park, starting on~Feb. 12th~and ending on March 31, 2009 with the following rules:

#1. ~The number of dogs under the control of one owner is limited to 2, or three with a NRC permit.

#2. ~Off-leash dogs that are under control~shall not exceed 8 at any one time. ~

#3. Daily off-leash hours are limited to 7 am - 9:30 am, and 3 pm - 5:30 pm or dusk, whichever is earlier, including weekends.

#4. Dog owners must remove all feces and trash.

#5. All dogs, on and off-leash, are excluded from the tot-lot.

#6. Fines for non-compliance may be levied up to $200.00.

#7. No dogs are allowed in the park after dusk.

Directors Report

Review Permit Application for Use of Warren Parkland for Jimmy Fund Walk

Ms. Bowser reviewed with the NRC a permit application for use of the Warren Parkland for a Jimmy Fund Walk, which is sponsored by the Dana Farber Cancer Institute. The application indicates that for the past 20 years, the Jimmy Fund Walk has used the High School gym and cafeteria and parking lot and that this event involves approximately 5,000 walkers on Saturday, September 12 and Sunday, September 13^th. Due to the fact that the High School will be under construction and the field and cafeteria will be unavailable, the Jimmy Fund is requesting use of the Warren Park and the Warren Building. Ms. Bowser stated that this would be an intensive use of the park and that she has spoken to the Recreation Director, who indicated that the Warren building and gym would not be available for use. Ms. Bowser stated that she wanted to discuss this application with the NRC since it is unusual due to its large size and scope and because the Town has hosted this event in the past. After further discussion, the NRC concurred with the Director and concluded that this use was too intensive for the parkland at Warren, and because the Warren Building cannot accommodate this walk, they will unfortunately have to decline this request. After further discussion, a motion was made and seconded, and the NRC voted 5-0 to deny the Jimmy Fund’s permit to use the Warren Park, since the event would involve over 5,000 individuals and was too intensive a use for this parkland.

Update on Wellesley Cancer Prevention Project’s Engine Idling/Health and Environment Program Ms. Bowser stated that the Wellesley Cancer Prevention Project is sponsoring an Engine Idling/Health and Environment Program on February 24^th at the Wellesley Free Library and all NRC Members have been invited to attend.

High School Student Open Space/Recreational Website Project

Ms. Bowser reviewed with the NRC a High School Student Project to include extensive open space and recreational information for placement on the NRC website. Ms. Bowser stated that she was contacted by two Wellesley High School seniors, who would like to take pictures of the various open space and recreational areas around Town and then place this information on the NRC’s website with some background information on each site. Ms. Bowser stated that she will serve as the project consultant for this High School Senior Project, and she will keep the NRC updated on the status of this project.

Update on 27 Washington Street Wetlands Permit Appeal

Ms. Bowser stated that the appeal under the Bylaw in Massachusetts Land Court has been denied and that the appeal under the State Wetlands Protection Act is still being reviewed by the Massachusetts Department of Environmental Protection, and she will keep the NRC updated on the status of the appeal.

Wellesley Walkways Task Force and NRC Participation at Public Hearing

Ms. Bowser previously circulated background documents with regard to the scope, goals and objectives of this Walkways Task Force. Ms. Bowser stated that she is currently representing the NRC on this Task Force and that Bob White, Chair of the Trails Committee, is also on the Task Force. A public hearing has been scheduled for Wednesday, February 11^th at 7:30 PM, and she encouraged all NRC Members to attend.

Gas Safety Program and Tree Protection Project

Ms. Bowser stated that she has been contacted by Bob Ackerly, who made a presentation to the NRC approximately one year ago, and he inquired if the Town of Wellesley is interested in signing on to this project. The NRC indicated that they continue to have interest and will further discuss this at their next meeting.

Liaison Reports/Continued Business/New Business

Update on Wellesley/Newton Lower Falls Charles River Bridge Improvement Project

Mr. Seaborn stated that he is happy to announce that the Town has been awarded a matching fund grant from the Mass Department of Conservation and Recreation (DCR) Partnership Matching Fund Program. The DCR owned-bridge and trail segment from Newton to Lower Falls has received a Fiscal Year 2009 Matching Fund Grant of $24,000 to convert the pedestrian bridge to connect the Wellesley-owned trail in the eastern part of Wellesley and the DCR-owned trail segment from Wellesley to Concord Street. Mr. Seaborn stated that the project coalition, involving both Wellesley and Newton organizations, will provide the $12,000 in non-state matching funds, including $4,000 from the Newton Conservators, $5,000 from the NRC’s Trails Committee, and $3,000 from the NRC’s Gift Account. Mr. Seaborn stated that he will continue to work with all parties to move this project along as quickly as possible. Mr. Seaborn stated that he continues to work with Ms. Gaughan to secure CPC funding for the project, and 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 represent the NRC at the Town-Wide Gift Acceptance Committee meetings, and that once a final draft of the Bylaw is available, she will review this with the NRC.

Review and Approval of NRC Meeting Minutes

The NRC deferred review of minutes to its next meeting.

Next Scheduled NRC Meetings

The next NRC Meetings were scheduled for March 10^th and March 24^th at 7:30 PM in the NRC Office in Town Hall.

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

The meeting adjourned at 11:05 PM.

Respectfully submitted: