Town of Wellesley, Massachusetts

Ms. Gross welcomed Mr. Neil F. McLaughlin, owner of 201 Grove Street, to the meeting to discuss the unauthorized public shade tree removals at this location. Ms. Gross reviewed for the record 4 letters with regard to the 4 public shade trees that were removed at this location. Ms. Gross indicated that Mr. McLaughlin sent a letter dated October 16, 2007 to Ms. Bowser stating that he is requesting approval to remove 4 Town trees at the front of 201 Grove Street in order to construct a driveway. The letter indicated that there are 3 pine trees and 1 oak and that they do not appear to be in relative good health or aesthetically important, and he requested that the Town consider the removal of these trees. Ms. Bowser stated that she contacted Mr. McLaughlin and stated that a Public Hearing would be held to consider removal of the trees. Ms. Gross reviewed a letter to Mr. McLaughlin dated October 23, 2007, from Ms. Cricket Vlass, Landscape Planner with the DPW. Ms. Vlass’s letter stated that a review of his planting plan and an evaluation of the requested tree removal of 3 Eastern Pines and 1 Red Oak was a reasonable request based on the following 2 conditions: the first was that the trees are removed at the owner’s expense; and the second was that the landscape plan be revised to show that the trees are planted a minimum of 15 feet behind the power lines at this location. Ms. Gross stated that after this letter was sent, the Town posted the trees for the November 20, 2007 Public Shade Tree Removal Hearing, but at some point after that posting, the trees were removed by the property owner’s contractor, and as a result the NRC sent a letter dated December 4, 2007, stating that 4 trees were removed without NRC permission or approval and a fine was imposed. Mr. McLaughlin then responded with a letter dated December 4, 2007, stating that he was surprised to receive the NRC’s letter regarding the removal of the trees because he interpreted Ms. Vlass’ letter to be an approval for the removal of the trees. He stated in his letter that he took the Vlass letter to be a response from the Town granting him permission to remove the trees, which he did the following week.

Ms. Gross stated that there was obviously some misunderstanding, and she asked Mr. McLaughlin to further elaborate on his position. Mr. McLaughlin stated that he has worked with the NRC in the past, and that he is aware that a public tree removal hearing is required prior to any removal. However, he stated that based on the Vlass letter, he interpreted that to be an approval by the Town granting him permission to remove the trees, since the letter made no mention of a public hearing requirement. The NRC further reviewed Ms. Vlass’s letter and Mr. Cramer and Ms. Bashian stated that based on the wording of the letter, they could see how Mr. McLaughlin could interpret the letter as an approval for the removal of the trees without a public hearing. After some discussion, the NRC concluded that because the letter did not specifically state that a public shade tree hearing was required, that they could understand the developer’s confusion. Ms. Gross reviewed with the NRC Mr. McLaughlin’s plan for the replacement trees, as well as recommended revisions from Ms. Vlass. The NRC concluded that Mr. McLaughlin will make a donation to the NRC’s Tree Replacement Gift Fund, in lieu of specific fines for the removal of the 4 trees due to circumstances outlined in the Commission’s decision. After a motion was made and seconded, the NRC voted 5-0 to accept Mr. McLaughlin’s tree replacement plan and to retroactively approve the removal of 4 public shade trees (3 Eastern Pines and 1 Red Oak) at 201 Grove Street and that Mr. McLaughlin will pay for all expenses for the removal of the trees, which he has already done, and make a contribution to the NRC’s Tree Replacement Gift Fund in lieu of fines.

Ms. Bowser briefly reviewed with the NRC, a note from the DPW, which confirmed that a public shade tree, a 27–inch diameter spruce tree at 189 Wellesley Avenue on Babson College property, was removed without authorization from the Town. After further discussion, the NRC indicated that they will invite a representative from Babson College to the NRC meeting scheduled on January 8, 2008 to further discuss this situation. Ms. Bowser will contact Mr. Stephen Tolley, who is the Assistant Director of Grounds and Building Services at Babson and invite him to the NRC’s next meeting.

Mr. Bashian reported that he has been attending the Sprague~Field Task Force meetings on behalf of the NRC and he distributed the Report from the Task Force’s Health and Environmental Subgroup. Mr. Bashian stated that the Task Force decided not to hire an independent contractor to review the health and environmental issues related to the field tire crumb infill that is being considered for the synthetic fields at Sprague Field. The Task Force created a Health and Environmental Subgroup, consisting of Richard Morris of the Cancer Prevention Project, Tom Brown, Curt Smith, and Mike Urban. This subgroup presented a report dated December 5, 2007, which outlines the health and environmental issues related to the use of tire rubber crumb infill in synthetic fields. The group did a thorough literature review and a review of other known sources, with no or limited bias for or against synthetic turf, and the subgroup made a number of recommendations. They noted that there is significant debate as to whether the chemicals in the turf from rubber infill can be released into the environment in dangerous levels. They also indicated that the major health and environmental concerns from synthetic fields are derived from loose crumb rubber infill and that there are products on the market that do not use infill that is made from tire, and that such products could minimize risk to the environment and to our community. They indicated that these types of fills were not studied due to the limited scope of the subgroup. The group went on to state “this subgroup unanimously agrees that if the Sprague~Field Task Force chooses to recommend installation of artificial turf fields at Sprague Field, the safest artificial turf for Wellesley is one that does not use loose crumb rubber infill and products utilizing alternatives to loose crumb rubber in-fill should be explored in the interest of users and the environment.”

Mr. Bashian stated that he is concerned that other alternatives are not being pursued. He stated that the Sprague~Field Task Force will be taking a vote shortly, so he would like to have the vote of the NRC with regard to the use of the rubber crumb in-fill. After further discussion, a motion was made and seconded, and the NRC voted 5-0 in concluding that based on the report of the Environmental Subgroup of the Sprague~Field Task Force, the NRC at this juncture does not support the use of rubber tire crumb infill for the synthetic field unless additional information documenting its safety and environmental impact is given to the NRC. The NRC supports the subgroup’s recommendation to pursue the use of alternatives to loose crumb rubber infill at Sprague~Field.

Mr. Bashian also voiced some concern about the NRC’s representation at the Playing Fields Task Force, and he is concerned that the Task Force assumes that the NRC is supporting the Task’s Force’s initiatives, simply because a representative may be in attendance. Mr. Bashian stated that he would like the Playing Fields Task Force to be put on notice that the NRC feels that any matter affecting an NRC jurisdictional playing field, playground or park, needs to be formally presented to the NRC at a public meeting and not just at a meeting of the Playing Fields Task Force. The NRC discussed the pros and cons of attending the meetings of the Playing Fields Task Force to be kept abreast of the issues affecting the playing fields. Members voiced concerns that the Geller Report, which was a master plan for Hunnewell Field written several years ago, is still discussed at the Playing Fields Task Force as if it were reviewed and approved by the NRC. The NRC stated for the record, that they have never reviewed or approved the Geller Report, and any recommendations, including the installation of synthetic fields at Hunnewell Field needs to be presented, reviewed and approved by the NRC at a public meeting. The NRC agreed to further discuss this matter at a future meeting.

Ms. Bowser reviewed with the NRC the FY09 Operating Budget Request. She stated that the only significant request is the funding for a part-time intern, and the total requested increase is 2.49 %, which is within the Advisory Committee’s guidelines. After a motion was made and seconded, the NRC voted 5-0 to approve the FY09 Operating Budget Request, as prepared by Ms. Bowser. Ms. Bowser stated that small changes decreasing the Budget Request submittal may need to be made after a review by the Town’s Financial Services and Advisory Committee.

Ms. Bowser reviewed with the NRC the FY09 Morses Pond Comprehensive Management Plan Operating Budget Request, which she drafted and that is being submitted in conjunction with the Board of Public Works and the Recreation Commission. The only matter discussed for clarification was the operating costs for the weed harvesting. Ms. Bowser stated that a previous discussion with Mike Pakstis of the DPW indicated that since the DPW is not using 2 full-time operators, that the FO09 operating costs could be reduced from $57,120 to $35,000. There was discussion and concern raised by the NRC that they would like to keep the higher amount of $57,120, as originally indicated in the Morses Pond Comprehensive Management Plan Operating Budget. They will further discuss this matter with the Department of Public Works. The NRC members voiced some concerns that in order to maximize the effectiveness of the new weed harvester, that additional employees are needed in order to operate the new weed harvester. After a motion was made and seconded, the NRC voted 5-0 to approve the FY09 Morses Pond Comprehensive Management Plan Operating Budget Request of $160,370.

Ms. Gross and Mr. Seaborn stated that they and Ms. Bowser attended the most recent subcommittee meeting with representatives from various Town Departments including Hans Larsen from the Selectmen’s Office, representatives from the Planning Department and Mr. Bob White from the Trails Committee to discuss issues related to the land use for the Selectmen’s right-of-way abutting 27 Washington Street. Ms. Gross stated that the NRC and the Trails Committee are taking the position that the area that is open space that should remain so and that the area should not be paved over for parking. Ms. Gross stated that the NRC sent a memo to the Selectmen dated October 11, 2007 that outlined the concerns of the NRC and the Trails Committee to keep this area open space based on the extensive density in this area and the need for green space and pedestrian access leading to the railroad bridge connection to the Town of Newton. The NRC voiced some concern that the process being used to determine the use of this land has not been particularly orderly or transparent. The NRC stated that they will contact Gig Babson, the NRC’s Liaison, to further discuss this matter.

Ms. Bowser reviewed with the NRC a letter received on December 7, 2007 from Ms. Marlene Allen, property owner at 29 Rice Street. Ms. Allen requested permission to access and remove 2 dead trees on her property via Hunnewell Field Park due to site constraints on her property. The NRC reviewed Ms. Allen’s request and noted that they need additional information including specific access points that would be used on Hunnewell Field. Ms. Bowser stated that she will contact Ms. Allen for additional for consideration by the NRC.

Ms. Bowser stated that she, Ms. Gross, and Mr. Seaborn made a presentation to the Advisory Committee on the NRC’s FY09 Capital Budget Request on December 5, 2007. Ms. Bowser stated that the focus of the discussion was on the FY09 Morses Pond Comprehensive Management Plan Capital Budget Request and that many of the Advisory Members who were new asked many questions regarding the plan. Ms. Bowser noted that she had previously asked the Advisory Committee if they would like to have a presentation on the Morses Pond Comprehensive Management Plan by Dr. Ken Wagner, and the response was negative. Ms. Bowser noted that due to the Advisory Committee’s extensive questions on the Morses Pond Plan, she is recommending that the next meeting with the Advisory Committee regarding the NRC’s and the Morses Pond’s Operating FY09 Budget Plans be attended by the Board of Public Works, the Recreation Commission, and Dr. Ken Wagner in order to provide a through presentation on the Morses Pond Plan, and the NRC members concurred.

Ms. Bowser stated that the Wetlands Protection Committee is losing 2 members, including Mr. Robert McDonnell, who has been on the Wetlands Protection Committee for 12 years and is an environmental lawyer, and Ms. Rebecca Weissman, who is moving out of Town and is a recent appointee. Ms. Bowser stated that the NRC will have two appointments to fill on the Committee, as well as 1 associate appointment. Ms. Bowser stated that she has sent a letter to the Wellesley Townsman and the Boston Globe seeking applicants for these positions and that she is also distributing information to many environmental and civic organizations in Town in order to seek new members.

Ms. Bowser stated that she attended the Selectmen’s Meeting on December 10, 2007, and she shared information with the NRC with regard to the progress that the Green Ribbon Ad Hoc Committee is making for a proposal for the formation of a Green Ribbon Study Commission that will be charged with development of a Town-wide sustainability plan and associated policies for presentation at Town Meeting. Ms. Bowser distributed a copy of a power point presentation that this Committee made and discussed with the NRC the progress this Committee has made, and stated that they will further develop the Town’s efforts for sustainability policies and programs and work with such groups as SMART (Sustainable Management of Appropriate Resources and Technologies), the NRC, Green Wave Wellesley, and the Wellesley High School Green Team, as well as other organizations such as the Wellesley Municipal Light Plant. Ms. Bowser stated that she will continue to work with Ms. Babson and the Committee to ensure that the NRC’s efforts with regard to sustainability are included in the Committee’s work. Ms. Bowser also stated that at the Board of Selectmen’s Meeting, the Municipal Light Plant made a presentation with regard to the Town-wide adoption of its “Demand-Response Program,” which is an energy use reduction program that is facilitated by the Independent System Operators in New England, and the goal is to reduce energy consumption both at the Town level as well as the commercial and residential level. The MLP indicated that there are 10 municipal buildings, including the Town Hall, that have been selected to participate on a voluntary basis on energy conservation and reduction. Ms. Bowser stated that energy reduction could mean raising the building temperature in the summer or reducing it or turning it off all together in the winter, depending upon each building’s needs. Ms. Bowser stated that she will keep the NRC informed on this program as it moves forward.

Ms. Bowser stated that Ms. Deborah Bates from the Historical Commission contacted her with an inquiry about meeting with the NRC to discuss the possible use of NRC land as a temporary storage area for the historic Wellesley Country Club Building, which is currently slated for demolition by the Country Club. The NRC voiced some concern that until an actual use for the historic Wellesley Country Club Building is found, that it would be premature to discuss this. The NRC voiced some concern that temporary storage could turn into permanent storage unless a specific plan for the use of the building is known. Ms. Bowser and Ms. Gaughan will contact Ms. Bates and give her feedback from the NRC.

Ms. Gross indicated that she and Ms. Bowser attended the first meeting of this Naming Rights Policy Ad Hoc Committee and that their goal is to develop a Town-wide Naming Rights Policy primarily for buildings which will allow all Town Committees to be consistent regarding this matter. Ms. Gross noted that the goal of the committee is to develop a policy that is flexible and that will allow the Town to have some control over how donors are recognized on Town property. Ms. Gross noted that the NRC normally recognizes donors who make gifts to Town parkland and playgrounds with small plaques on NRC land, but generally, they do not name parks outright. Ms. Gross will keep the NRC informed on the progress of the this Committee.

Ms. Gross and Ms. Bowser attended this meeting of the High School Town Development Review Committee on behalf of the NRC. The Committee stated that no use of parkland is proposed for the new school, but stated that temporary use of the football field is likely to be needed for parking and/or construction staging during the construction phase. Ms. Gross and Ms. Bowser will keep the NRC informed on the progress of the Committee and any issues that come up affecting the NRC’s parkland at this location.