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March 24, 2009
Approved 5/12/09

                        TOWN OF WELLESLEY
NATURAL RESOURCES COMMISSION
MEETING MINUTES
March 24, 2009, 7:30 PM
NRC Office, Lower Level, Town Hall


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

Guests:           Kathy Macdonald, Advisory Committee Liaison to the NRC, Pace Wilson, 24 Beverly Road and Member of the Wellesley Dog Group.

Public Voice
No one at the meeting spoke at Public Voice.

Discussion Regarding Spring Season Dog Regulations and Control Issues at Perrin
The NRC discussed a number of issues related to the spring season dog regulations and control issues at Perrin Park. Ms. Bowser stated that the office has received a small number of complaints regarding off-leash dogs during hours when dogs were to be on-leash.  Ms. Pace Wilson of the Wellesley Dog Group indicated that the Wellesley Dog Group has been active in notifying dog owners regarding on-leash and off-leash hours as well as posting the “Field Closed” sign at Perrin Park when conditions are wet. The NRC discussed possible hours for off-leash hours during the spring season, and noted that the afternoon hours will need to be eliminated since the sports organizations use these fields for soccer and lacrosse daily and during the weekends.  The feedback from the sports organizations indicated that on Saturday mornings, games begin as early as 8:30 AM, and on Sundays, games can start as early as 9:30 AM.  There was a general sense of the sports organizations that games and practices are generally concluded by 7:30 PM during the week, as well as on weekends. After further discussion, a motion was made and seconded and the NRC voted 5 – 0 to amend its dog regulations for the spring season at Perrin Park as follows:
EFFECTIVE APRIL 1 - JUNE 15, 2009
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 and must be under control.
3.      Daily off-leash hours are limited to:
Morning Hours:
7:00 AM - 9:30 AM Monday - Friday, and Sunday~~and 7:00 AM - 8:30 AM Saturday
Evening Hours:
7:30 PM to 9:00 PM or dusk, whichever is earlier, including weekends.
4.      No dogs are allowed off-leash when athletic games are being played.
5.      Dog owners must remove all feces and trash.
6.      All dogs, on and off-leash, are excluded from the tot-lot.
7.      Fines for non-compliance may be levied up to $200.00.
8.      Park is closed to all users after dusk.
REGULATIONS ISSUED PURSUANT TO NRC AUTHORITY UNDER MGL Ch. 45

Review and Approval of FY 2009 Spring Tree Planting Plan
Ms. Bowser reviewed with the NRC a memorandum from Mike Quinn, DPW Assistant Superintendent DPW for Parks and Trees. Ms. Bowser stated that the DPW is currently planning to plant a total of 60 trees for the Planting Plan this year, and a total of 6 trees will be planted on Town property.  In addition, the DPW submitted a Planting List and maps for all trees to be planted on Town land, as well as an outline for the remaining 54 trees that will be planted as street trees on private property under M.G.L. Chapter 87, Sec. 7.  Currently, the DPW has mailed out 55 tree planting letters in response to Back of Sidewalk Tree Planting Requests and they hope to have the site inspections completed by the end of March.  The DPW will continue to employ gator-watering bags, which have worked extremely well in the past, and they plan to reuse most of the previous bags for this year’s planting.  Ms. Bowser stated that a total of $25,000 for the FY09 Capital Tree Planting Program was appropriated by last year’s Town Meeting and is the full budget for this year’s tree planting.  Mr. Quinn’s memo indicated that an additional 27 trees will be planted in various areas throughout Town, and these trees will come from the DPW’s traffic island capital. After a motion was made and seconded, the NRC voted 5 – 0 to approve the expenditure of $25,000 for the FY09 Capital Tree Planting Program as outlined by the DPW in a memorandum from Mike Quinn dated March 6, 2009.

Review and Approval For Expenditure From the Wellesley Square Tree Maintenance Fund
Ms. Bowser stated that when Rt. 16 was reconstructed approximately 15 years ago, the merchants deposited funds into a Wellesley Square Tree Maintenance Fund for the pruning and fertilizing of street trees in Wellesley Square.  This fund is under the NRC’s jurisdiction as Tree Warden, and the DPW has requested $5,000 from this fund for the on-going pruning and fertilizing of the street trees, as well as for the replanting of a dead tree in the square. After a motion was made and seconded, the NRC voted 5 – 0 to approve the expenditure of $5,000 from the Wellesley Square Tree Maintenance Fund for the pruning and fertilizing and replanting of street trees in the Wellesley Square area.

Review and Approval of the Fiscal Year 2009 Winter Moth Control Program on NRC Land
Ms. Bowser reviewed with the NRC a memorandum from Mike Quinn, Assistant DPW Superintendent at DPW for Parks and Trees, regarding the Wellesley 2009 Winter Moth Control Program. Mr. Quinn’s memo indicated that the winter moth caterpillar continues to defoliate trees this spring, and under the authority of the NRC and under the guidance of its Integrated Pest Management Policy, the Department of Public Works will again this year be selectively spraying Town trees to control winter moth caterpillars.  The DPW memo indicates that the winter moth caterpillars will be treated with Conserve #SC, a spinosad product.  Based on weather conditions and the caterpillar population, the applications will take place from April 18th - May 23rd, between the hours of 5 AM and 10 AM.  All treated areas will be posted from 24 hours before and after applications, as required by law, and maps depicting the areas to be sprayed can be further reviewed at the DPW. The DPW memo noted that school properties will be sprayed during April school vacation week, from Saturday April 18 – Tuesday, April 21 between the hours of 5 AM and 10 AM, and that based on these dates, standard notification to the schools will not be required to be in compliance with the Children’s and Family Protection Act M.G.L. Chapter 85.  The Town will be prioritizing tree spraying, primarily focusing on the highly valued trees found in parks, around public buildings, and recently planted trees that are infested with winter moth caterpillars. All other public shade trees will be considered for treatment based on available resources.  The Town may permit a property owner to spray Town trees bordering their property at the property owner’s cost, and permission must be granted by the NRC, the Deputy Tree Warden, and any such person or applicator must be a valid Massachusetts licensed applicator and follow the guidelines of the NRC spraying program.  It was noted that the Town will not be spraying private trees, unless the trees have been planted by the Town on private property under the NRC’s Tree Planting Back of Sidewalk Program within the last five years. It was noted that the DPW is encouraging private property owners to consult with a licensed arborist to inspect any heavily damaged trees and to develop an overall treatment program to protect the trees.  Information about the winter moth caterpillars and other landscape pests can be found on both the NRC and DPW websites.  After a motion was made and seconded, the NRC voted 5-0 to approve the 2009 Winter Moth Control Program on NRC land as outlined by the DPW.

Ms. Bowser noted that last year under a State grant, the University of Massachusetts Extension Service released a large number of a predatory fly to the winter moth caterpillars in the Centennial Reservation area as a test site last year.  It is hoped that the success of this biological control program will work naturally to minimize the use of future spraying for this invasive pest that is damaging trees in Wellesley and throughout Massachusetts.  Ms. Bowser stated that she will keep the NRC updated on the status of this program.

Director’s Report

Update on Morses Pond Management Plan Implementation Elements, Timeline and Deliverables
Ms. Bowser and Mr. Seaborn reviewed with the NRC a detailed spreadsheet outlining the Morses Pond Management Plan Elements, Timeline, Costs and Deliverables that was recently updated by the NRC’s Pond Manager Dr. Ken Wagner in March 2009.  Ms. Bowser and Mr. Seaborn discussed in detail the status of each of the six Core Management Plan Elements, including the Professional Lake Manager, the Phosphorus Sedimentation Inactivation Unit, the Dredging of the Northern Area, the Watershed Education Program, the Low Impact Development Design Program, and the Weed Harvesting Operation. Ms. Bowser, who serves as the Program Manager for the entire Morses Pond Plan, stated that this has become an extremely time-consuming program and that spring is the busy season for the program and that she and Mr. Seaborn and the Morses Pond Management Committee, including representatives from the Department of Public Works and the Recreation Commission, are meeting regularly to discuss all issues relating to the Plan’s implementation.  Mr. Bashian voiced concern that last year there was a large amount of weed fragmentation along the shoreline approach to the Morses Pond Beach area, and he would like to see this area cleaned up by the DPW.  Mr. Seaborn stated that he and Ms. Bowser are currently working with Dr. Wagner to examine how the weed harvester can be retrofitted to prevent weed fragmentation from the harvester.  Mr. Seaborn stated that he has mentioned this to the DPW and he will mention again Mr. Bashian’s concerns regarding the fragmentation in this area and request that the DPW clean-up this fragmentation.  

Update on Status of 27 Washington Street Wetlands Permit Appeal
Ms. Bowser stated that the last appeal under the State Wetlands Act on the 27 Washington Street Order of Conditions is still outstanding and that additional information was requested from the Town of Wellesley, and she will keep the NRC updated on the status of this appeal.

NRC Participation in Sprague School Earth Friendly Festival Sunday, April 5th
Ms. Bowser stated that she participated in the Bates Green School Program last year and that the Sprague School is instituting a similar program and that they have requested NRC involvement in their Earth Friendly Festival on Sunday, April 5, 2009. Ms. Gaughan volunteered to attend the program and Ms. Bowser stated that she will prepare education materials to be distributed at a NRC table at the program.

Update and Review of Annual Town Meeting Warrant Items Related to the NRC
Ms. Bowser reviewed with the NRC the Warrant for the Annual 2009 Town Meeting and reviewed with the NRC a number of Articles related to the NRC, including the Community Preservation Committee’s proposal for the Lower Falls Bridge under Article 19. She noted that Article 26, regarding possible acquisition of the most westerly portion of the Cochituate Aqueduct, will not be moving forward.  Ms. Bowser also stated that under Article 36, regarding the proposed Acceptance of Gifts Bylaw that the NRC may be called upon to support the bylaw as they participated heavily in the drafting of this policy.  Ms. Gross stated that she will be available to answer any questions regarding this Article at Town Meeting.

Update on High School Interim Parking Project on Parkland/Wetlands Mitigation Proposal
Ms. Bowser stated that NRC members were invited to a site walk on February 27, 2009 regarding this matter, and that she and Mr. Seaborn joined members of the Wetlands Protection Committee and the School Building Committee to evaluate possible areas near the State Street Parking Lot, the basketball court area, and the tennis courts on the Hunnewell Field Athletic Complex for possible parkland and wetlands mitigation projects. She stated that part of the Wetlands Order of Conditions requires that a specific amount of square footage needs to be mitigated and this could include improvements to both the wetlands area as well as improvements that could affect parkland, since this entire area is under the NRC’s jurisdiction as parkland. Ms. Bowser stated that the project consultant for the School Building Committee will develop a proposal that will be further evaluated and approved by the NRC and the Wetlands Protection Committee. Ms. Bowser stated that she will be contacting the DPW, including the DPW Landscape Planner, to ask for their feedback regarding a proposal.

Update on Wetlands Fee Account Subcommittee
Ms. Bowser stated that she met with Neal Seaborn, Wetlands Protection Committee (WPC) Chair Eric Seaborn, WPC Vice Chair Dr. Carlos Gimeno and NRC Conservation Administrator Adam Bossi regarding use of the Wetlands Fee Account, as discussed at the NRC’s last meeting. Ms. Bowser stated that the subcommittee discussed the status and potential uses for the Wetlands Fee Account. Neal Seaborn stated that the subcommittee concluded, after a thorough evaluation, that the Wetlands Protection Committee is currently understaffed and is in need of additional support, and there was discussion about using new wetlands fees to hire a field inspector who will assist in the administration and enforcement of the State Wetlands Act and the local Bylaw and Regulations and that the current balance in the Account will be retained for costs associated with the administration and enforcement of the Wetlands Act and Bylaw as allowed by the Department of Revenue, including wetland emergency responses actions. Ms. Bowser stated that the subcommittee is currently working on a memorandum to be submitted for review and approval by the NRC and the Wetlands Protection Committee.

Update on the Status of the Open Space and Recreation Plan
Ms. Bowser stated that she and the NRC’s Open Space and Recreation Plan Consultant have been making good progress and that they hope to complete a draft plan in June and drafts of the applicable sections will be sent to relevant boards for further review and comment.   She stated that a public hearing will be scheduled prior to submittal of the Plan to the State for approval of the plan.

NRC Participation on State Street Master Plan Study
Ms. Bowser reviewed with the NRC a request from the Planning Board regarding a State Street Master Plan Study and that due to the close proximity of the Hunnewell Field Complex and the interrelation of the commercial area to the parks that they would like a representative from the NRC and the NRC Director to serve on the steering committee with the NRC Director. Ms. Gaughan volunteered to serve on the steering committee and four meetings will be scheduled.  Ms. Bowser will keep all members updated on the status of this study.



Review and Approval of Wellesley High School Proposed Geotechnical Borings on the Hunnewell Athletic Field Complex
Ms. Bowser reviewed with the NRC a memorandum from the High School Building Consultant requesting that seven additional Geotechnical borings be approved on the Hunnewell Athletic Field Complex. The additional borings will be located in the playing fields and dirt path areas, as identified on the submitted site plan and are needed to identify and complete the soil characterization of the site. Ms. Bowser noted that the Wetlands Protection Committee already approved the borings under the current Determination of Applicability Permit. Ms. Bowser noted that the borings will be installed by a geo-probe truck with a smaller than standard boring rig which is of comparable size to the trucks that the Town uses to clear paths and maintain the playing fields.  She stated that the boring holes will be approximately 4 inches in diameter and that they will be made using direct push techniques and that no long-term impact is anticipated as a result of this work on the field. After a motion was made and seconded, the NRC voted 5 – 0 to approve the additional 7 borings on the Hunnewell Athletic Field Complex as identified on a site plan submitted to the NRC.  Ms. Bowser stated that she will inform the consultant of the NRC’s approval and indicated that they will need to contact Mike Quinn and walk the locations to ensure that there is no impact to the fields and the irrigation system, and that they will need to contact Dig Safe to ensure avoidance of any utilities.  In addition, Ms. Bowser will inform them that this work will need to be coordinated with John Brown, the High School Athletic Director and Jan Kaseta the Recreation Director in order to avoid conflicts on the playing fields.

Encroachment Issues on NRC Land
The NRC reviewed a notification of a potential encroachment on NRC land.  Ms. Bowser stated that at present the NRC Department does not have staff resources to follow-up encroachments at this time, but that she is making notes on possible encroachments for further follow-up.

Park and Conservation Land Amenities Including Doggie Bag Dispensers and Informational Kiosks and Garbage Barrels
Ms. Bowser reviewed with the NRC a number of amenities needed at various parks and conservation lands including doggie bag dispensers, informational kiosks, and garbage barrels.  Ms. Bowser stated that the NRC has funds to pay for these amenities, and it was the sense of the NRC to install such amenities as the budget permits.

Co-sponsoring Wellesley Conservation Council Lecture on Sustainable Landscapes
Mr. Seaborn stated that he has been contacted by a member of the Conservation Council who requested that the NRC co-sponsor the Conservation Council Lecture on Sustainable Landscapes. Ms. Bowser voiced concern that the date that they are planning the event conflicted with an event sponsored by the Wellesley Green Ribbon Study Committee on energy conservation.  The NRC voiced concern about this potential conflict, as well as funding of approximately $175 for this event.  
Mr. Seaborn stated that he will contact the Council and inform them of this potential conflict and will see if another date is needed as well as answer concerns regarding publicity issues.

Liaison Report/Continuing Business/New Business

Update on Lower Fall Rail to Trail Charles River Bridge Conversion Project
Mr. Seaborn updated the NRC members on the status of the project and indicated that in working with the Community Preservation Committee, there was concern that the project was not fully explained to the Advisory Committee, which voted against the project 13-0. Mr. Seaborn stated that he continues to work with the CPC to evaluate options for further funding of the project, and it is possible that the CPC will go forward with its funding request for the project at Town Meeting, despite the Advisory Committee’s unfavorable recommendation.  Mr. Seaborn will keep the NRC updated on the status of this project.

Update and Discussion of Fuller Brook Park Preservation and Restoration Master Plan  
The NRC briefly reviewed the status of the plan and Ms. Gaughan asked all members to make a site visit to the park and review the issues related to the Master Plan. Ms. Bowser distributed copies of the draft plan to all members for their review.

Update on Trails Committee Projects/Issues
Ms. Gaughan said that as the liaison to the Trails Committee, she is reporting that they do not want to pay for the doggie bags, but that perhaps an additional dollar could be charged for dog licenses that could be used to fund doggie bags.  It was noted that this might be difficult to collect, but that it is an option to be discussed in the future. The NRC budget does not have sufficient funds to pay for doggie bags.

Review and Approval of the NRC Meeting Minutes of February 10, 2009   
The NRC postponed the review of the minutes to their next meeting.

Next Scheduled NRC Meeting
The next NRC meeting is scheduled for Thursday, April 16, 2009 at 7:30 pm in the NRC office in order to prevent a potential conflict with Town Meeting.

Adjournment
After a motion was made and seconded, the NRC voted 5 – 0 to adjourn the meeting.

The meeting adjourned at 10:30 PM.



                                                        Respectfully submitted:



                                                        Janet Hartke Bowser
                                                        NRC Director






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