Town of Wellesley, Massachusetts

Ms. Pace Wilson of the Wellesley Dog Organization asked that the NRC consider some afternoon hours at Perrin Park for off-leash dogs since currently the hours are in the morning from 7 – 9:30 AM, and in the evening starting at 7:30 PM after the youth sports are finished using the field. Ms. Wilson noted that by 7:30 PM, the field is usually dark and she requested that the NRC consider two days for off-leash dogs hours on Tuesdays and Thursdays from 1-2 PM. Mr. Seaborn inquired as to how these fields were used in the afternoon, and Mr. Cramer replied that, in his opinion, it varies and it is often used by neighborhood children at various times. The NRC further discussed this request and concluded that they would like to see additional information and a proposal from Ms. Wilson and her organization outlining this request and its rationale. Ms. Wilson also stated that her group is trying to find a suitable site in Town for a dedicated dog park. Mr. Cramer encouraged her to talk to other dog users and inquired about the use of the parking lot at Morses Pond. Ms. Wilson stated that she had already approached the DPW and they had said no to using the parking lot as a possible dog park. There was some discussion regarding a boot camp that it being held at Perrin Park and the NRC will follow up on this with the Recreation Department, which issued a permit for use of Perrin for the Boot Camp. The NRC will clarify the hours that are permitted for the Boot Camp, as well as confirm that the Boot Camp is paying a fee for use of the park, since Town policy requires that a fee be paid by for-profit organizations that use the playing fields.

Ms. Bowser reviewed with the NRC two emails that were received by the NRC regarding Perrin Park and dog related issues. The first email was from Maryliz Levy who voiced concern about the evening hours and requested that the start time be earlier since the 7:30 PM start time offers very little time for dogs to be off-leash since it becomes dark by approximately 7:30 PM. Ms. Wilson noted that she has spoken to Ms. Levy and had explained to her why the NRC had set the 7:30PM hour, which was due to the use of the field by the several youth organizations. The NRC confirmed that they had received feedback on hours of use from the Playing Fields Task Force, the soccer and lacrosse coaches, as well as the Recreation Department and these groups indicated that the fields are in use until 7:30 PM and so off-leash dog hours cannot start any earlier than 7:30 PM, and Ms. Bowser will communicate this information to Ms. Levy.

Mr. Seaborn introduced Mr. Jay Hammerness as a prospective new Wetlands Protection Committee Member. Mr. Seaborn has been recruiting new Wetlands Protection Committee Members, including Mr. Hammerness and Mr. Stanley Waugh and he has met with them several times and both of these prospective members have attended Wetlands Protection Committee meetings and have indicated that they would like to serve as members of the Committee. Mr. Hammerness is a longtime Wellesley resident with residential and commercial development experience, and he has worked with various municipal boards and committees to permit development projects in Massachusetts and in New Hampshire. Mr. Hammerness attended the August 27, 2009 Public Hearing of the Wetlands Protection Committee where he expressed his interest in becoming a Wetlands Protection Committee Member. Mr. Waugh is a longtime Wellesley resident with a background in science and a strong interest in environmental issues. Mr. Waugh attended the August 6, 2009 Wetlands Protection Committee Meeting where he expressed his interest in becoming a member of the Committee. At the Wetlands Protection Committee Meeting on August 27, 2009, the Committee discussed the qualifications of both candidates and by a vote of 3-0, they recommended that the NRC appoint both Mr. Waugh and Mr. Hammerness as full-voting members of the Committee. It was noted that Wetlands Protection Committee Member Debra Takas has submitted her written resignation from the Committee, so that there are 2 voting membership positions open on the Committee. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to appoint Mr. Jay Hammerness and Mr. Stanley Waugh as full voting members of the Wetlands Protection Committee for terms of 3 years.

The NRC reviewed a letter from Deputy Tree Warden and Assistant Superintendent of Parks Mike Quinn to Mr. David Chidakel. The letter from Mr. Quinn indicated that Mr. Chidakel had hired a contractor to do tree work in the back of his property and that this work encroached on the Town right-of-way on Woodside Avenue, resulting in the illegal removal of 15 Public Shade trees with a total stump diameter of 56 inches. The trees removed were 6-inch, 9-inch and 13-inch elm trees, two 4-inch pines and 10 2-inch diameter crab apples, all of which are public shade trees. Mr. Quinn noted that based on the estimated value of $150 per diameter inch, the total value of the trees removed is calculated at $8,400. He noted that because these are protected public shade trees, their removal is a violation of MGL Chapter 87, Sec. 3 & 5. Mr. Quinn noted in his letter that after meeting on-site with Mr. Chidakel and his landscaper, Mr. Hall, that Mr. Chidakel had arranged for replanting in the Town’s right-of-way. Mr. Quinn noted that although Mr. Chidakel’s intentions were good, the process was not carried out in accordance with NRC policy and state law, and he needed to review the situation with the Natural Resources Commission, to determine the need for any further action or if fines or further replacement costs would be assessed.

Mr. Chidakel introduced himself and his landscaper, Mr. Robert Hall, who is a Certified Mass. Arborist. Both apologized for the situation and indicated that they were acting in an emergency and were trying to prevent harm or damage due to a very dangerous situation involving a large pine tree that had split on Mr. Chidakel’s property and was quite precarious. He said that the tree, which was more than 60-feet tall, was in danger of collapsing and causing injury or property damage and his first concern was to find a way to eliminate the danger. He noted that this was not an excuse but said that he did not realize that the trees that needed to come out were public shade trees and that he now realizes that he should have contacted the Town. He stated that he had maintained the trees along the public way for many years and that those who used that area often expressed their appreciation for his efforts. He stated that his failure to notify the Town about his intention to remove the trees was a combination of ignorance and the emergency nature of the situation. He stated that he believes that his good intentions are evident in his

efforts to replace the trees with two 6-inch diameter pine trees that cost approximately $2,500 for the trees and their installation. Mr.Chidakel said that he now realizes that he had a duty to notify the Town before he acted and that he is embarrassed and disturbed that he violated important procedures that are in place to protect the public and the environment. He stated that he believes that he has always been a good neighbor and a good citizen and that he is willing to do whatever the NRC feels is needed to address the situation.

Mr. Quinn submitted an email message indicating that he had met with Mr. Chidakel and that after this meeting and after talking with the landscaper, he believes that Mr. Chidakel was acting in good faith. Given the emergency situation and after reviewing the site, Mr. Quinn said in his email that the DPW would have recommended approval of removing the trees and that none were planted by the Town and that they are all very scrubby trees. Mr. Quinn stated that the replanting that Mr. Chidakel has completed is very appropriate for the area and that the area now looks better than it had previously. Mr. Quinn did not recommend any fines at this time, noting that his estimates of the removed trees were made on the very high side of the scale and he considers that the replacements planted by Mr. Chidakel to be a fair exchange for the Town.

Mr. Cramer noted that the NRC needs to be careful in considering whether or not to issue a fine in this situation, since they need to be consistent with similar situations, including Thackeray Road where a resident removed trees from the Town Forest and was fined, as well as the NRC’s fine against Babson College for removing one large public shade tree. Ms. Gaughan stated that since this was an emergency situation that she would be comfortable in waiving the fine. Ms. Gross stated that since it is likely that the NRC would have allowed the removal of these trees and since the quality of the removed trees was poor and the replanting of the new trees is far superior to what was there, that she is comfortable in accepting Mr. Quinn’s recommendation to issue no fine in this situation. Mr. Cramer suggested that the NRC’s Subcommittee made up of Ms. Gross and Mr. Seaborn, review the plantings at the site and that the NRC’s vote tonight be subject to their approval of the planting plan and any additional required planting. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to not issue any fines against the owner at 6 Colby Road for the removal of public shade trees and in lieu of such fines, since this was an emergency situation, that the replanting are sufficient to provide restitution in this situation and the NRC may require additional replanting of trees.

Ms. Bowser and Mr. Seaborn updated the NRC Members on this first LID project to be constructed in the Morses Pond watershed and the proposed site is the Upham School where 2 rain gardens and a detention basin are proposed. There was extensive discussion regarding the need for this Low Impact Development Project and the issues that have come up in the course of its development. Ms. Bowser and Mr. Seaborn will continue to work with NRC Consultant AECOM on this project and will keep the NRC updated on the status of this project.

Ms. Bowser and Mr. Seaborn stated that they are working with Dr. Ken Wagner and the DPW to interview and evaluate candidates for the Morse Pond Northern Basin Dredging Design and Permitting Project. Five responses to the dredging RFP were submitted and the selection committee, which includes Ms. Bowser and Mr. Seaborn, have interviewed four candidates and they have narrowed the final list to two companies. Ms. Bowser and Mr. Seaborn will keep the NRC updated on the status of this project.

Ms. Bowser reminded the NRC Members of this upcoming lecture on Frederick Law Olmsted, which will include information about his influence on landscape architecture, and his influence in Wellesley. The lecture is scheduled for September 29, 2009 at 7 PM in the Main Library. Ms. Bowser said that she is working with the Historical Commission to develop a press release and to do publicity for this event.

Ms. Bowser discussed with the NRC this request from Ms. Catherine Brophy to accept a gift of a softball batting cage on Hunnewell Field. Ms. Bowser stated that Ms. Brophy had forwarded an email stating that a softball batting cage was donated to the Wellesley High School Softball Playground from the Softball Booster Club last June. The dimensions of the cage are 59’ long, 8’ wide, and 12’ high, and the netting fits between the metal cages. Ms. Brophy indicated that the location that they are hoping to get approved by the NRC is for placement of the cage in the triangle between the JV baseball backstop and the JV softball field. Ms. Brophy said that they would appreciate the NRC’s acceptance of this gift and asked for feedback from the NRC. There was some discussion by the NRC regarding concerns about the location of the batting cage and its impact and proximity to abutting neighbors. The NRC indicated that they would like more information, including a photo of what the stage would look like and a detailed map of the location. It was the general consensus of the NRC that they are concerned about the current proposal and the location of the cage and its impact on the neighbors and they are not sure why the softball batting cage could not be located next to the existing baseball batting cage near the multi-purpose field. Mr. Cramer volunteered to meet with Ms. Brophy, the Varsity Softball Coach, to walk the site and to outline the NRC’s concerns, and Ms. Bowser will forward Mr. Cramer’s contact information to Ms. Brophy.

Ms. Bowser stated that she has had extensive discussions with Town Counsel regarding the tree removal issues on Rice Street, which did not involve public shade trees, but that have become a major concern to the residents of that street where a number of limbs from private trees were removed by the DPW acting as a private contractor to the owners of the home that was moved. Ms. Bowser stated that the Board of Selectmen are drafting a policy regarding house removals and that it will include a section on the impact on trees and she will keep the NRC updated on this matter.

Mr. Seaborn updated the NRC members on the status of this project and discussed the DCR hearing held in August, as well as the current timeline for the DCR bridge construction work, which is scheduled for January during the summer of 2010. He updated the NRC on the temporary path construction and the Wellesley Park design and permitting project, which will be submitted by the Board of Selectmen, with the NRC’s support, as a CPA Project for consideration at the Spring 2010 Annual Town Meeting. Mr. Seaborn stated that he will keep the NRC updated on the status of this project.