Town of Wellesley, Massachusetts

Approved 6/18/2009

TOWN OF WELLESLEY

NATURAL RESOURCES COMMISSION

May 12, 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: Mike Quinn, DPW Assistant Superintendent for Parks, Creighton Kang, 42 Thackeray Road, Michael Robert Cave, 144 Weston Road, Ruth Sullivan, 148 Weston Road, Tom Orser, 140 Weston Road, Pace Wilson, Wellesley W Dog Group.

Ms. Pace Wilson from the W. Dog Group requested that the NRC allow for extended summer hours for off-leash dogs at Perrin Park. She requested that in addition to the morning and evening hours that dogs are allowed off-leash that the NRC should consider allowing dogs off leash from 1-2:30 several days during the week when it is likely that small children would be napping and visitors to the park may be reduced. The NRC indicated that they will be taking this matter up at their next meeting and they will take this request under advisement.

NRC Public Shade Tree Removal Hearing Pursuant to MGL c. 87

Ms. Bowser stated that in accordance with State Law, this Public Shade Tree Removal Hearing has been advertised and that all trees proposed for removal were identified and posted in accordance with the law. She stated that it is the NRC and DPW policy to plant replacement trees where a tree has been removed if the site conditions are appropriate.

26” Norway Maple at 144 Weston Road

Mr. Quinn stated that this 26-inch norway maple has major trunk defects including cracks and rot, and that due to the upcoming construction work on Weston Road, there is a high probability that this tree will suffer extensive root damage and should be removed prior to the start of the project. Mr. Michael Robert Caves, the owner at 144 Weston Road respectively stated his opposition to the removal of this tree stating that in his opinion, it is healthy and he felt that there was no valid reason to have the tree removed. Ms. Ann Orser of 140 Weston Road stated her opposition to the removal of this tree and stated that all of the trees on Weston Road serve a purpose, as they absorb pollution and serve as a barrier to traffic noise on the street. The NRC discussed whether the Town would incur some liability if the tree were to remain up and the homeowner, Mr. Robert Cave said that he would assume all liability if the tree remained up. It was the sense of the NRC to note for the record that Mr. Cave assumes all liability to damage or injury resulting from the tree remaining in place. After further discussion, a motion was made and seconded, and the NRC voted 5-0 to deny the removal of this tree and to place it on a 6-month Watch List.

18” Norway Maple at 3 Duxbury Road

Mr. Quinn stated that this tree has large girdling roots, as well as a large cavity in the main trunk. This tree has been declining rapidly over the past two years, and Mr. Quinn indicated that the Town Arborist recommended removal. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

35” Sugar Maple at 153 Weston Road

Mr. Quinn stated that this 35-inch sugar maple has major rot, and that and it has a 20” leader leaning toward the residences and the portion over the street has major deadwood in it and there will be trunk damage to the tree due to the upcoming construction work on Weston Road. Mr. Seaborn stated that after viewing this tree, he recommended that it be placed on the Watch List to see if the upcoming construction work has a major impact on the tree. After a motion was made and seconded, the NRC voted 5-0 to deny the removal of this tree to place it on a 6-month Watch List.

14” Maple at 15 Marvin Road

Mr. Quinn indicated that this tree is leaning out over the road and has a large cavity in the main trunk and it is recommended that this tree be removed. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

27” Sugar Maple at Birch Road Near the Telephone Pole at 4 Birch Road

Mr. Quinn indicated that this 27” sugar maple is half dead and has trunk and root rot. He stated that the DPW has treated and pruned this tree in the past to remove the hazardous dead wood, but the DPW now recommends removal of this tree. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

27” Sugar Maple at 21-23 Wellesley Avenue

Mr. Quinn indicated that this 27” sugar maple has trunk rot and cavities and that the roots have been damaged due to the sidewalk, and this tree has been pruned for deadwood. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

21” Sugar Maple at 44 Dover Road and Midland Road

Mr. Quinn indicated that this 21” sugar maple has major rot in the top of the tree and it was pruned in March of 2009 and there is not much of the tree remaining, and it was recommended for removal. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

14” Norway Maple at Perrin Park

Mr. Quinn stated that this norway maple, which is across from the playground next to the picnic table at Perrin, has major rot and needs to be removed. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

Maple at 2 Seaver Street

Mr. Quinn indicated that this maple is on the Forest Street side of this house and was recently pruned, but that it has a substantial amount of decay in the main stem and in the main leaders, and it should be removed, due to the lean in the tree aiming at the house. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

36” 2 Leader Red Maple at Weston Road at the Corner of Turner

Mr. Quinn stated that this 36” 2 leader red maple on the corner of Turner Road needs to be removed due to the Weston Road Construction Project. Ms. Ann Orser of 140 Weston Road voiced her opposition to the removal of this tree and all trees on Weston Road, since she feels that they provide significant canopy and absorb pollution and traffic noise in the area. Mr. Quinn restated the fact that this tree is in the right-of-way of a new road construction and needs to be removed to allow the Weston Road Construction Project to move forward. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree, noting that it is absolutely necessary to be removed to allow the Weston Road Construction Project to move forward and that Town Meeting has supported this project.

40” White Pine at 15 Hampden Road

Mr. Quinn noted that this 40” white pine has developed major rot in the trunk and a bad union between the two main stems, and there is a high risk of failure of this tree. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

44” Catalpa at 144 Forest Street

Mr. Quinn stated that this 44” catalpa has two large cavities on opposite sides of the trunk, one is 3-4-feet from the ground and the other is 6-7 inches from the ground. He stated that there is also significant decay at the base of the tree with no noticeable root flare. He stated that the crown is full and very heavy with several old pruning wounds that have not healed over, causing areas of decay and rotted wood. He stated that this tree rates a 10 out of a possible 12 on the Hazard Tree

Rating Standard and strongly recommended its removal. Ms. Bowser stated that she received an email message from Mr. Paul Clifford, the owner of 144 Forest Street, who indicated his strong support for the removal of this tree as it appears to be dying and poses a threat to his house. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

35” Sugar Maple at 11 Seaver Street

Mr. Quinn noted that this 35” sugar maple to the right of this house has some trunk rot and the entire right side over the parkland is dead. He stated that there is an existing cable in the tree but it is slack. Mr. Seaborn expressed some concern that this tree could be placed on the Watch List and he would recommend that this tree be watched in order to assess its condition, which appears somewhat healthy. After a motion was made and seconded, the NRC voted 5-0 to deny the removal of this tree and to place it on the Watch List and to prune it as best possible.

16” White Oak at 156 Weston Road

Mr. Quinn noted that this 16” white oak has a poor structure due to cut backs from the wires and the root zone would be damaged due to the upcoming Weston Road Construction Project. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

Norway Maple at 156 Weston Road

Mr. Quinn stated that this norway maple has 2 leaders with poor structure due to cut backs from the wires and the root zone and would likely be damaged due to work in the upcoming Weston Rd. Street Project. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

31” Sugar Maple at Weston Road Opposite Curve Street

Mr. Quinn stated that this tree has a large section of rot in the trunk and poor structure due to cut backs from the wires. He stated that the root zone will be damaged in the upcoming Weston Rd. Street Project. After some discussion, a motion was made and seconded, and the NRC voted 5-0 to deny the removal of this tree and to place it on the Watch List for 6 months and to prune it as best possible.

21” Sugar Maple at the Weston Road Traffic Island Opposite #246 Weston Road

Mr. Quinn stated that this tree has a severed trunk at the base and there is a high probability of failure. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

17” Black Cherry at the Weston Road Traffic Island Opposite #254 Weston Road

Mr. Quinn noted that this tree has an unbalanced crown, which leans out over the access road along Weston Road, and there is a major cavity at the base of the trunk, and there is a high probability of failure of this tree. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of the tree.

44” Norway Maple at 26 Amherst Road

Mr. Quinn stated that this maple is located to the left of the driveway and is in very poor condition. This tree has major decay in the trunk at the root flare on two sides, and there is decay where the main leaders join and there are large vertical cracks and signs of fungal growth. The canopy has several large limbs that are totally dead as well as a number of smaller limbs. Mr. Elijah White, the owner of 26 Amherst Road, stated that he supports the removal of this tree. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of this tree.

2 Spruce Trees at 52 Denton Road

Mr. Quinn stated that these trees are in good condition, but that the request for removal comes from the abutter, Elizabeth Homa of 52 Denton Road. Mr. Quinn stated that he would not recommend removal at this time. The NRC received a letter from the homeowner, requesting permission to remove one or both of the spruce trees, and that they would, within the next 1-3 years, replace them with more appropriately sized trees, allowing them to maintain one open sunny area on their lot. The letter from the resident explained that they have maintained more than 30 mature species on the rear and side and front of their 10,000 sq. ft property, while several neighbors have nearly clear-cut their properties on Cottage Street and Denton Road. The letter states that they believe that a well maintained yard offers beauty, shade and some sun and a positive environmental impact on their property and the surrounding neighborhood and that by removing these two trees they will have more of a sunny area than any other side of their lot. After discussion, a motion was made and seconded, and the NRC voted 5-0 to deny the removal of these trees.

Removal of 22 Trees on Glen Road

Mr. Quinn explained that the street stabilization project on Glen Road requires the removal of 22 trees on Town property and this includes 12 trees of various species of size 2-6 inches, and 4 trees of various species of 7-10 inches in diameter, and that an additional 6 trees of various size and species that are currently dead and will be removed for this project. Mr. Quinn further outlined and explained the physical location of the trees and Mr. Seaborn stated that he has reviewed all of the trees and recommends removal. After a motion was made and seconded, the NRC voted 5-0 to approve the removal of the trees, contingent on site visits that will be conducted individually by each member the next morning on May 13^th.

Discussion RE: 42 Thackeray Road Property Owner’s Unlawful Removal of Town Trees

Mr. Quinn stated that he had sent a letter to Creighton and Jane Kang of 42 Thackeray Road on April 15, 2009, stating that they had encroached on Town Forest land under the NRC’s jurisdiction and had unlawfully removed 12 trees from the Town. Mr. Quinn stated that he had been on site after being made aware of the situation by an anonymous resident, and he had taken pictures confirming the size and type of trees removed, and he had sent a letter to the owners indicating that they had unlawfully removed 12 Town trees with a total stump diameter of 124”. He also noted that there was damage to existing Town trees from the felling of the removed trees along with brush and logs dumped on Town property. Mr. Kang apologized and indicated that the removal of the trees was not intentional. He indicated that he was under the impression that his property line extended to an existing gas line, because that was something that his surveyor indicated several months ago. He stated that he tried to eyeball the property to the best of his ability, but clearly he was mistaken and he accepted blame for this matter. He stated that the company, Belmont Landscaping, who removed the trees had nothing to do with this mistake, and that they simply followed his request. He stated that he would fully cooperate with the NRC and would accept blame for encroaching on Town Forest and asked for the NRC to accept his apology.

The NRC discussed the situation and concluded that while they understand that this was an unintentional act, 12 Town trees were still unlawfully removed. The NRC discussed possible restitution and discussed the value of the trees. Mr. Quinn stated that the value of the trees could be set as high as $200 per inch diameter, which would result in a total fine of $24,800, not including clean-up and pruning of the damaged trees. He stated that these are protected public trees and the removal is a violation of MGL c.87 Sec. 3 & 5. Mr. Quinn stated that this violation could also fall under MGL c.242, regarding liability for willfully cutting trees, which could result in triple damages.

After further discussion, a motion was made and seconded and the NRC voted 4-0 that they would base restitution on a value of $150 per inch tree diameter, which is a reduced amount, and given the circumstances, they felt that this was a good compromise. Based on $150 per inch diameter x 124” of total tree diameter, the total amount is $18,600, and the NRC requested that Mr. Kang submit a check for this amount to be deposited into the NRC’s Tree Fund for the replanting of trees on Town land. Mr. Kang inquired as to whether or not he should replant trees in this area, and Mr. Quinn concluded that replacing trees is not recommended, since there appears to be adequate tree cover in this area.

Discussion of DPW Request to Apply Herbicides for Poison Ivy Control under NRC’s IPM Policy

The NRC discussed with Mr. Quinn recent residents’ complaints about poison ivy at Perrin and Brown Parks. He stated that the poison ivy at Perrin Park is located in the northeast corner of the park in the wooded area, and at Brown Park, it has grown out onto the playing field and up onto the outfield fence. He stated that the DPW tried to control the poison ivy by mowing and cutting it, but that cutting alone will not control the spread of poison ivy in these areas and he recommends the one-time use of a herbicide to stop the spread of the poison ivy. Ms. Bowser reviewed with the NRC its Integrated Pest Management Policy, dated 2002, which allows that the NRC to issue a waiver under the policy, for the application of a herbicide if there is an emergency environmental health situation or a pest situation that poses an immediate threat to environmental health and a viable alternative consistent with this IPM policy does not exist. Under the IPM policy, pesticides that are used under the environmental health waiver clause require that the area treated be conspicuously signed and posted, as soon as possible after the application and for a period of at least 48 hours. The NRC further discussed this matter, and a motion was made and seconded, and the NRC voted 5-0, finding that an emergency health environmental situation existed given the extensiveness of the poison ivy at these two parks and that viable alternatives consistent with the IMP Policy do not exist and therefore, the DPW was granted an emergency waiver to apply herbicide in these areas on a limited basis. Mr. Quinn stated that the herbicide to be used will be Round-Up. Mr. Cramer asked Mr. Quinn about the poison ivy problem at Centennial Park, especially around the Blue Bird Meadow area. Mr. Quinn stated that they try to mow this area on a regular basis and that poison ivy is extensive throughout Centennial Reservation and therefore would be difficult to control. Mr. Quinn stated that perhaps in late summer, it could be considered once the ground nesting birds have gone and there could be some spot herbicide treatment and then the DPW could possibly plant some native flower seed mix in this area to prevent poison ivy regrowth. The NRC will further discuss this matter with Mr. Quinn.

Director’s Report

Review and Discussion Regarding Permit Application for Use of Phillips Park

Ms. Bowser reviewed with the NRC a request from the Abbott Children’s Center to use Phillips Park during the spring and summer months for the Center’s children’s use for soccer. The application indicates that the park will be used by no more than 10 children at anytime and that they will use a small area of the park for the following times: Mondays - Thursdays afternoons from 2-3:30 p.m. during May and June 2009, and Monday – Friday mornings from 8:30- 11:30 a.m. during July and August, 2009. The request indicates that all children using the park are residents of Wellesley and that due to liability concerns, the Abbott Center has a strict policy of not using any of the Phillips Park playground structures, since the Center has its own fenced-in playground. Ms. Bowser stated that the Playing Fields Use Policy requires a per person/ per session payment for use of the fields, and she will send a request for the required payment with the permit for use of Phillips Park. Ms. Bowser noted that the Abbott Center has donated an almost new and commercial grade swing set that will be installed at Phillips Park, and they have also donated two benches, one at Phillips Park and one along the Brook Path. Ms. Bowser stated that she will send a follow-up thank-you letter to the Abbott Children’s Center. After further discussion, a motion was made and seconded, and the NRC voted 5-0 to approve the permit for the Abbott Center’s use of Phillips Park on a limited basis as provided in the application, and to require payment for use of the fields pursuant to the Town’s field Use Policy.

Update on NRC’s Organic Integrated Pest Management Turf Plan

Ms. Bowser circulated a draft Agreement for Services to hire Osborne Organics to develop an Integrated Pest Management/Organic Turf Management Plan. Ms. Bowser stated that this capital project has been approved and funded by Town Meeting and this Agreement will allow the NRC to move forward with completing the Plan. Ms. Bowser stated that the development of an Integrated Pest Management/Organic Turf Management Plan will comply with the NRC and School Committee’s Integrated Pest Management Policy. She stated that currently heavy use of the Town’s playing fields creates turf that is vulnerable to weeds, disease, and pests. Active organic pest management without the use of pesticides will allow the Town to keep the fields in good condition and protect children from the harmful effects of pesticides. The NRC seeks in the development of this plan to create field-specific IPM Plans that will result in long-term, good quality, safe, and chemical free fields for Wellesley’s children and will allow the Town to actively follow a turf management strategy based on preventative care with a focus on soil improvement and the growth of healthy turf that will create conditions that will prevent pest problems. Ms. Bowser reviewed with the NRC the agreement and the steps that need to be taken to create an IPM Plan that includes hiring Osborne Organics to complete a technical review of each field, which will include site analysis, soil testing and site-specific recommendations; an analysis of any new equipment needed; sourcing of materials; creating a yearly maintenance schedule; creating a 5-year maintenance plan and budget for each field; and writing a report on summarizing the plan and the costs; and finally informing the public about the IPM Plan. After a motion was made and seconded, the NRC voted 5-0 to approve the agreement for hiring Osborne Organics to complete the Organic Integrated Pest Management Turf Plan.

Update on Public Shade Tree Gas Line Safety Project

Ms. Bowser stated that based on the NRC’s last discussion on this project, she forwarded the draft agreement for the Gas Safety Project to Town Counsel and he responded with a number of concerns. After some discussion, the NRC concluded that, as recommended by Town Counsel, an internal meeting with the DPW is needed to discuss issues related to this project and whether or not the Town should move forward with joining this project.

Update on Status of 27 Washington Street Wetlands Protection Permit Appeal

Ms. Bowser stated that Town Counsel is working with National Development regarding this Wetlands Protection Permit Appeal and that the next step is to hire Beals and Thomas as expert witnesses, since they served as a Third Party Peer Reviewer when the 27 Washington Street Permit was issued. Ms. Bowser stated that she will keep the NRC updated on the status of this appeal.

Update on Playing Fields Task Force Issues from May 8^th Meeting

Ms. Bowser updated the NRC on a number of issues that were discussed at the Playing Fields Task Force meeting on May 8^th. These issues included a discussion by the Task Force in regard to the development of the Hunnewell Field Master Plan. At the Task Force meeting, there was some discussion about the NRC spearheading such a plan. The NRC voiced some concern about the possibility of spearheading such a plan given their competing priorities at this time. Ms. Bowser also indicated that John Brown, the High School Athletic Director, stated that he would like to see artificial turf on the existing multi-purpose field at Hunnewell Field and stated that it may also be preferable to move the football field to this location. Ms. Bowser stated that the School Committee held a public hearing on a scheduled night football game on Friday, Oct. 2, 2009 and that no one appeared at the hearing. She stated that the School Committee will be making a formal request for the NRC’s approval for this night game in the near future. Ms. Bowser stated that Recreation Commission and Playing Fields Task Force Chair Andy Wrobel are spearheading an effort to develop a Playing Fields Master Plan that will help the Town identify future fields needs and access the fields current capacity.

Update on Morses Pond Management Plan and Weed Harvesting Schedule

Ms. Bowser updated the NRC members on a number of issues related to the implementation of the

Morses Pond Management Plan, including the weed harvesting schedule, the phosphorus inactivation unit schedule, and the development of a grant application to the Federal EPA. Ms. Bowser stated that she and Mr. Seaborn are working with the NRC’s Pond Manager, Dr. Ken Wagner, and his staff in developing a watershed education website, and Ms. Bowser is working with Dr. Wagner on a low-impact development project at the Upham School that will utilize a rain garden and an infiltration swale to improve stormwater management in this area that is located in the Morses Pond Watershed.

Update on Status of the Open Space and Recreation Plan

Ms. Bowser stated that she continues to work extensively with the NRC’s consultant on the Plan and she will be forwarding the primary sections of the Plan to all NRC Members within the next few days for their review and comments. Ms. Bowser stated that the Plan is essentially complete at this point and that it will be sent to other relevant boards for their comments and revisions. She stated that she will be scheduling a public hearing for the Plan shortly, which is essentially the last element for the completion of the Plan.

NRC Participation in State Street Master Plan Study

Ms. Bowser stated that she and Ms. Gaughan are serving on the steering committee for this master plan, which is focusing on the State Street area and incorporates the Shaw’s Supermarket and the surrounding area. She stated that their main focus in participating in the study is to improve the connection between this area and the Fuller Brook Park and the Hunnewell Field Complex and to make it more pedestrian and bike friendly and to add as much green space as possible. Ms. Bowser stated that a public hearing is scheduled for May 14^th at 7:30 p.m. and all NRC Members are encouraged to attend. Ms. Bowser will keep the NRC updated on the status of the project.

Update on NRC Recent Educational Outreach Efforts including the Earth Day Clean-Up, Vernal Pool Program and the Sustainable Landscape Program

Ms. Bowser stated that the NRC’s Tenth Annual Earth Day Charles River Clean Up on April 25^th was well attended and they received good press for the event. She stated that NRC’s Vernal Pool Education Program held on May 9^th was also well attended and that the Sustainable Landscape Program that the NRC co-sponsored with the Wellesley Conservation Council on May 14^th was well supported.

Liaison Report/Continuing Business/New Business

Update on Lower Falls Rail DCR Bridge Restoration Project

Mr. Seaborn updated the NRC members on the status of the project and stated that the NRC recently received confirmation from the State DCR regarding approval of the project and acknowledging the Town’s $12,000 contribution toward the project. The State has committed to pay for all funding of the bridge’s rehabilitation, which is Phase I of the project. He indicated that there will be a meeting shortly to identify the next steps for the project with available funding by June 30, 2009. He stated that Phase II of the project, which involves design and permitting for the approaches from both the Wellesley and the Newton side, will also begin shortly, and he will keep the NRC updated on the status of this project.

Update on Fuller Brook Park Preservation Master Plan

Ms. Gross stated that she has had a number of preliminary meetings with Ms. Bowser and Mr. Bossi regarding the Master Plan. There was some discussion regarding timing and when to meet with other involved stakeholders, which includes the Historic Commission, the Recreation Commission, and the Community Preservation Commission. Site visits to the park were made by Mr. Bashian, Ms. Gaughan, and Mr. Cramer, and a number of issues regarding the path were discussed.

Update on Trails Committee Projects and Issues

Ms. Gaughan briefly updated the NRC on a number of projects being undertaken by the Trails Committee, and she indicated that the Committee is examining trail options over the Peirce Hill easement. She will keep the NRC updated on the status of these projects.

Discussion Re: Request to Open the Turner Road Gate for Access to Morses Pond from April – October

The NRC discussed issues relating to public access at Morses Pond and decided that they would like to formally ask the DPW for permission to open the Turner Road Gate from April 1^st to Oct. 31^st from dawn to dusk. The NRC concluded that they would like to pursue the possibility of opening Morses Pond to Town residents for a longer portion of the year, since it offers a wide range of passive and active recreational activities, including canoeing, kayaking, swimming, walking and birding. It was the sense of the NRC that with the advances being made through the implementation of the Morses Pond Management Plan that it is in the Town’s best interest to expand access to the Pond throughout the year. Ms. Bowser will send a letter regarding the NRC’s request to the Chairs of the Recreation Commission and Board of Public Works.

Review and Approval of the NRC Meeting Minutes of March 24, 2009

After a motion was made and seconded, and the NRC voted 5-0 to approve the NRC Meeting Minutes of March 24, 2009 as amended.

Next Scheduled NRC Meeting

The next NRC meeting was scheduled for Tuesday, June 2, 2009 at 7:30 pm in the NRC office.

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

The meeting adjourned at 10:50 PM.

Respectfully submitted: