Town of Wellesley, Massachusetts

Approved 8/10/09

TOWN OF WELLESLEY

NATURAL RESOURCES COMMISSION

June 18, 2009, 7:00 PM

NRC Office, Lower Level, Town Hall

Attending: Joan Gaughan, Chair, Neal Seaborn, Heidi Gross, Janet Hartke Bowser, NRC Director.

Absent: Richard Bashian, Vice Chair, Paul Cramer, Secretary.

Guests: Katherine L. Babson, Board of Selectmen and Chair of the School Building Committee, Sarah Norwood, Permanent Building Committee Member, Wayne Keefner, Engineer with SMMA, Consultant to the School Building Committee.

No one attending the meeting spoke at Public Voice.

Discussion and Vote RE: Final Approval of the High School Off-Site Parking Plan on Hunnewell Field Parkland

Ms. Bowser stated that she recently met with representatives from SMMA, including Mr. Keefner, to review the site plans for the High School Off-Site Parking Areas for the State Street, Basketball Court and the Tennis Court Sites. The School Building Committee and the Permanent Building Committee have now secured all necessary permits for the Off-Site Parking Areas and there have been no significant changes to the original proposal at all 3 sites as outlined in a memorandum dated June 11, 2009 from Ms. Kathy Mullaney, Project Administrator for the Permanent Building Committee. Ms. Bowser stated that in accordance with the NRC’s preliminary approval for the High School Off-site Parking Plans, that the PBC and School Building Committee are now requesting final approval from the NRC. Ms. Bowser reviewed with the NRC all 9 conditions that were outlined in the NRC’s preliminary approval. Ms. Bowser stated that there is full compliance with all conditions with the exception of Conditions 7 and 9, which are continuing conditions.

Project Description and Background Information

The NRC has been requested by the Permanent Building Committee (“PBC”) to grant final approval of the Wellesley High School Construction Off-Site Parking Plans for use by faculty and staff as outlined in a preliminary memorandum to the NRC dated September 3, 2008, and a final memorandum dated June 11, 2009. The proposed parking plans involve both temporary and permanent parking in the Hunnewell Athletic Fields Complex, which is parkland under the NRC’s jurisdiction. The PBC submitted final construction plans and documents entitled “Wellesley High School Construction Phase Off-Site Parking” dated May 11, 2009, prepared by SMMA that were reviewed and approved by the NRC on June 18, 2009.

The temporary parking proposal will convert the existing two basketball courts into approximately 66 tandem parking spaces for a total cost of $420,000 ($6,400 per space), which includes paving the existing access road with porous pavement, restoration of the basketball courts as well as all costs for site preparation, creation of a pedestrian path to the High School and installation of additional lighting for use during the construction phase of the project, which is expected to be 4 years. This area will be restored to two functional basketball courts and the lighting and the porous pavement access road will remain in place after construction is completed.

The permanent parking proposal at the existing gravel State Street parking lot is located at the west entrance to the football stadium and will provide 31 spaces, and 5 of these spaces will be dedicated for park users, for a total cost of $175,000 ($5,476 per space), which will include lighting and porous pavement as permanent improvements. The proposal will require the removal of several trees, which the NRC has determined to not be significant trees. The PBC has indicated that they will prepare a planting improvement plan for approval by the NRC, and funding for implementing the plan will be provided by the PBC as part of the project. The proposal includes a slight enlargement of the existing gravel parking lot, but will not substantially expand or change the existing use of this area.

The permanent parking proposal at the tennis courts along Washington Street will involve repaving the existing parking lot to improve but not expand the parking configuration and there will be no impact to trees or other vegetation at this location.

None of the three proposals constitute a change in use of parkland that triggers the Article 97 conversion requirements of the Massachusetts Constitution regarding change in use of open space.

The NRC conducted site visits at all of the proposed parking locations and discussed the parking proposals in detail with the PBC, School Building Committee (“SBC”) and School Committee representatives. The NRC attended a SBC public meeting on the park proposals on September 3, 2008 to elicit feedback from Town residents and to address their concerns and questions, and the NRC voted unanimously on Sept. 9, 2009 to approve the preliminary parking plan as presented by the PBC. The PBC received all required permits for the plan by June 2009 and no significant revisions were made to the proposal.

NRC Policy and Criteria for Evaluating Changes to Resources Under NRC Jurisdiction

The NRC’s statutory authority as Park and Conservation Commissioners under MGL c.45 and c.40 and Town Bylaw Sec. 43 grant the NRC sole authority to set policy and promulgate regulations for all parks, playgrounds, playing fields and conservation land under its jurisdiction. The NRC created the following policy in January 2005 with regard to changes in the use of parkland and playing fields (see the NRC’s long-standing policy regarding the permanent release or exchange of land protected under Mass. Constitution Article 97):

“To insure that all current and future usage of the Town’s parklands and playing fields preserves the character of Wellesley’s neighborhoods and surrounding areas. Any change in use of any parkland or playing field shall be compatible with the existing natural and man-made features of the site and the characteristics of the surrounding area and neighborhood. Special consideration will be given to the protection of trees and other natural features. Any increase in the intensity of the use of the site shall not substantially affect the character of the site and the surrounding area and neighborhood.”

Criteria for Evaluating NRC Land Use Changes

Based on the policy outlined above, the NRC evaluates any proposed change in use of open space or parkland on a case-by-case basis using, but not limited to, the following criteria as guidance in its decision-making process, which are not listed in any type of prioritized ranking:

IMPACT ON NATURAL RESOURCES

Trees and other vegetation

Wetland Resource Areas

Stormwater and Drainage

Water Quality (includes drinking water, surface water and groundwater)

Wildlife and wildlife habitat

Air Quality, Carbon and Greenhouse Gas Emissions

Criteria for Evaluating NRC Land Use Changes (continued)

IMPACT ON LAND USER GROUPS

Town Sports Organizations (youth and adult)

IMPACT ON THE NEIGHBORHOOD

Increased Intensity of Use Impact

Visual/Aesthetic Impact

Impact on Town Budget

Impact on NRC Budget

Private Fundraising Opportunities

TEMPORARY CHANGE

· Ability to Restore and Rehabilitate Land to Original Condition

NRC Final Approval of High School Interim Parking Plans

Based on the referenced information submitted by the Permanent Building Committee (hereinafter referred to as the “applicant”), the NRC discussed issuing final approval of the High School Plans for faculty and staff parking at three sites on parkland known as the Hunnewell Athletic Field Complex under the NRC’s jurisdiction with the following conditions (in addition, all Wetlands Permit Conditions apply):

1. Prior to construction, the applicant shall secure a Wetlands Order of Conditions Permit from the NRC’s Wetlands Protection Committee (“WPC”) for the proposed parking projects, as well as secure all other applicable state and local permits (FULL COMPLIANCE WITH CONDITION);

2. Prior to construction, the applicant shall provide the NRC with an inventory of all trees and shrubs that are proposed for removal on land under NRC jurisdiction, and shall develop a proposed planting plan that will identify all new shrubs and trees to be planted. The proposed plan shall be subject to the review and approval by the NRC in consultation with the Town’s Landscape Planner (FULL COMPLIANCE WITH CONDITION);

3. Prior to construction, the applicant shall develop protection plans for all natural resources, including, but not limited to, trees, shrubs, and streams during the construction of the proposed parking plans, and thereafter, for review and approval by the NRC and the Town’s Landscape Planner (FULL COMPLIANCE WITH CONDITION);

4. Prior to construction, the applicant shall submit for the NRC’s approval a restoration plan for the Hunnewell Field Basketball Court area, which shall include the restoration of the area with two functional basketball courts with hoops and lighting (FULL COMPLIANCE W/CONDITION);

Pending any changes or revisions required by the Wetlands Protection Committee, the porous pavement installed on the access road leading to the basketball courts shall remain in place after construction is completed;

5. Prior to construction, the applicant shall develop and submit for the NRC’s review and approval specific site design plans for the State Street parking lot, which will include the layout of the permanent parking, as well as the lighting design. In addition, 5 parking spots at this location will be designated for park users only, and signage shall be placed at these parking spots. Once construction is completed, the entire parking area will revert back to its current use for park users

(FULL COMPLIANCE WITH CONDITION);

6. After construction is completed, the applicant shall restore all areas used for temporary parking to their original use and condition subject to the review and approval by the NRC

7. The applicant shall be responsible for funding all components of the parking plans and for all costs associated with meeting the conditions outlined in this approval (CONTINUING CONDITION);

8. Prior to construction and after securing all required permits and approvals, the applicant shall submit a formal request to the NRC for final approval of the parking plans, including all revisions to the original proposal (FULL COMPLIANCE WITH CONDITION); and

9. The NRC retains jurisdiction over all parkland used for parking during the high school project, which shall not change any parkland jurisdiction (CONTINUING CONDITION).

After further discussion, a motion was made and seconded and the NRC voted 3-0 to issue final approval of the High School Off-Site Parking Plan including all associated landscaping at all three sites on Hunnewell Field Parkland.

Ms. Bowser stated that she would send the final version to the PBC and School Building Committee by tomorrow. Ms. Bowser noted for the record that the access drive to the basketball court will be permanent and will not be removed and that this access drive and the State Street parking lot will be constructed of a porous pavement material as required by the Wetlands Protection Committee. Ms. Bowser stated that further discussions with the DPW and the School Department are needed in order to work out the maintenance responsibilities for this porous pavement since additional maintenance requirements are required for this new material.

Director’s Report

Update on Status of 42 Thackeray Road Town Tree Removal Violation

Ms. Bowser reviewed with the NRC a letter from Mr. Creighton Kang requesting that his restitution payment of $18,600 for the removal of Town Trees be paid in increments in order to give him sufficient time to make the required payments. After further discussion, a motion was made and seconded and the NRC voted 3-0 to allow Mr. Kang to pay in 3 equal installments over periods of 6 months each, beginning on October 1, 2009. Ms. Bowser will send a letter to Mr. Kang confirming the NRC’s vote.

Vote on Appointment of New Wetlands Protection Committee Associate Member

Ms. Bowser reviewed with the NRC the recommendation of the Wetlands Protection Committee to appoint Mr. Derek Redgate to the Wetlands Protection Committee. Ms. Bowser stated that the WPC interviewed Mr. Redgate at its meeting on June 4, 2009, and the Committee voted unanimously to recommend that the NRC appoint Mr. Redgate to the WPC Committee. Ms. Bowser indicated that after the WPC voted on recommending Mr. Redgate that she was contacted by the Town Moderator who indicated that Mr. Redgate had accepted an appointment to the Advisory Committee and it was the sense of the Town Moderator and the Advisory Committee Chair that Mr. Redgate could serve as a non-voting member of WPC as long as he recused himself whenever a WPC or NRC matter came before the Advisory Committee. After a motion was made and seconded, the NRC voted 3-0 to a appoint Mr. Redgate as a non-voting associate member of the Wetlands Protection Committee.

City Parks Alliance Reception with Mayor Menino on June 23, 2009

Ms. Bowser reviewed with the NRC members the invitation to attend the City Parks Alliance Reception with Mayor Menino on June 23^rd at 9:30 AM in Boston.

Liaison Report/Continuing Business/New Business

Review and Approval of Duck Pond Trail Reroute

The NRC Members conducted a site visit prior to tonight’s meeting to view a proposed short reroute of the Duck Pond Trail area and a proposal by the Trails Committee to reroute and sign a path that now comes along the southern rim of the Duck Pond and then meets up with the Duck Pond Trail rather than continuing along the aqueduct, which poses some slope and grading constraints. After a motion was made and seconded, the NRC voted 3-0 to approve the Trails Committee proposed reroute of the Duck Pond Trail.

Review and Approval of the NRC Meeting Minutes of May 12, 2009

After a motion was made and seconded, the NRC voted 3-0 to approve the NRC Meeting Minutes of May 12, 2009 as written.

After a motion was made and seconded, the NRC voted 3 – 0 to adjourn the meeting and proceeded to attend the Town Inter-Board Budget Meeting.

The meeting adjourned at 7:30 PM.

Respectfully submitted: