Approved 2/12/08
TOWN OF WELLESLEY
NATURAL RESOURCES COMMISSION
MEETING MINUTES
January 8, 2008, 7:30 PM
NRC Office, Lower Level, Town Hall
Attending: Heidi Gross, Chairman, Paul Cramer, Vice-Chair, Joan Gaughan, Secretary, Richard Bashian, Neal Seaborn, Janet Bowser, NRC Director.
Guests: Mr. Shelley Kaplan, Associate Vice President, Babson College Facilities Management and Planning Department, Mr. Steve Tolley, Assistant Director Babson College Grounds and Buildings Services, Lowey Cornelius, Babson College Grounds and Buildings Services, Mike Quinn, Assistant Superintendent DPW Parks and Trees Division, David Walsh, Ordway Road Resident, Ted Becker, Oakland Street Resident.
Public Voice
No one attending the meeting spoke at Public Voice.
Discussion with Babson College Representatives Regarding Unauthorized Public Shade Tree Removal at 189 Wellesley Avenue
Mike Quinn, Assistant Superintendent DPW Parks and Trees Division, gave a brief summary regarding this matter. He stated that in early December 2007 a 27–inch diameter spruce public shade tree was removed without the Town’s permission or authorization by contractors working for Babson College, which owns the adjacent property at 189 Wellesley Avenue. Mr. Quinn visited the site after a neighbor called with concerns about the removal of this tree. Mr. Quinn took photographs and spoke with Mr. Steve Tolley of Babson College, who indicated that they were apologetic for removing the tree and that they did not realize that it was a Town public shade tree. Mr. Tolley stated that it was the judgment of the Babson College grounds supervisor and the contracted tree service, TreeTec, that the tree was
dead and needed to be removed. Mr. Tolley stated that the resident of the house had expressed concerns about the tree’s condition and its related safety, with it being so close to the driveway. Mr. Tolley stated that they thought that they were doing the right thing and they apologized for not contacting the Town for permission prior to the removal of the tree. Mr. Quinn confirmed that the Town surveyed the tree and the boundary line between Babson’s property and the Town’s right-of-way and confirmed that the tree is in the Town’s right-of-way and was deemed to be a public shade tree. Mr. Quinn indicated some concern that this is the second incident in which the college has been involved in trying to remove trees in the Town’s right-of-way and he cited an incident in 2005 during Babson College’s landscape project at the Forest Street entrance, where some Town trees were almost taken down without authorization
from the Town.
Ms. Gross inquired of Mr. Kaplan about the status of Babson College’s November 2004 Facilities Plan Report, which proposed the construction of a new residence for the college president at 189 Wellesley Avenue. Ms. Gross inquired as to whether or not the removal of this tree is related to Babson College’s plans to construct a new house for the college president at this location. Mr. Kaplan responded that the tree was taken down in error and that there was no connection to Babson College’s plans to expand at this location. Mr. Kaplan indicated that the expansion plans at this location are currently on-hold and that there was no intent to circumvent any Town review of any proposed expansion by removing this tree without Town authority. Ms. Gross asked Ms. Bowser to outline the fines and
penalties available to the NRC in this situation. Ms. Bowser stated that a fine of $500 under Mass. General Law Chapter 87, Section 6, for the unlawful removal of a public shade tree is applicable and that in addition, if the NRC finds that Babson College’s action was willful,
in the cutting and destruction of a public shade tree that under Mass. General Law Chapter 242, Section 7, the Town can fine Babson College for the value of the tree, based on the diameter of the tree and the current assessed value. In addition, the NRC can assess triple damages under the statute. Mr. Cramer inquired of Mr. Quinn as to what was the current value used by the Town for trees per-caliper-inch. Mr. Quinn stated that in the past, in the case of Toll Brothers, the Town assessed the value as $150 per-diameter-inch-per tree, but in other cases, the Town assessed the value at $100 per-diameter-inch-per tree. Mr. Cramer recommended that the Town be consistent here and recommended that the $150 assessed value per-diameter-inch be used in assessing fines. In addition, Mr. Cramer stated
that based on Babson’s positive relationship with the Town, he recommended that the fine not be tripled, and that it be limited to the assessed value of the tree. Ms. Bowser stated that in this situation under Mass. General Law Chapter 242, Section 7 that there be a total fine of $4,050, which was calculated by 27” (the diameter of the tree) multiplied by $150 assessed value for a total of $4,050 plus the $500 fine under Chapter 87 bringing the total proposed fine to $4,550.
The NRC then discussed the issue of replacement trees at this location, in accordance with the NRC’s Town’s Bylaw Section 49, 8B, also known as the “inch-for-inch tree replacement bylaw” requiring that replacement trees of equal or in excess of the total caliper of the tree removed be replanted. After further discussion, the NRC concluded that they will require Babson College to work with Mr. Quinn to develop a tree replacement plan, and that a number of trees be planted in the same location as the removed tree on Town-owned land. Mr. Seaborn noted that this is an exception to the Town’s general policy that new street trees be planted back of sidewalk, approximately 20 feet, in order to improve the health of the trees. However, he stated, that due to the nature of this particular
property, with a stonewall abutting the right of way, that it would be prudent to have the trees planted on Town land. After further discussion, a motion was made and seconded, and the NRC voted 5-0 in response to the unauthorized removal of a 27-inch spruce tree at 189 Wellesley Avenue, to fine Babson College a total of $4,550 under State statute for the unauthorized removal of this tree and that these funds will be deposited into the NRC’s Tree Replacement Fund. In addition, Babson College will develop the replacement-planting plan subject to the approval of the NRC and the DPW that will include the replanting of trees in the same location of the removed tree. These trees will be planted on Town land.
Mr. Dave Walsh, a resident of Ordway Road, attended the meeting and thanked the NRC for its concern and response to this unauthorized Town tree removal. He stated that Wellesley Avenue is one of Wellesley’s finest tree-lined canopied streets, and that everyday thousands of people use this street and enjoy its beauty, and he stated that he would like to work with the Town to see if Wellesley Avenue could be designated as a Scenic Road.
The NRC briefly discussed the possibility of designating Wellesley Avenue, either in whole or in part, as a Scenic Road and the NRC stated that they will work with Mr. Welsh to explore the possibility of designating this street as a Scenic Road in order to better protect its scenic qualities including its trees.
Temporary Storage of the Wellesley Country Club Building On Babson College Land
Mr. Kaplan stated, in a separate matter, that he was approached by the Wellesley Historic Commission, which inquired as to whether or not they would be able to store the portions of the historic Wellesley Country Club Meeting House at Babson College, until they could find a location and a use for this building. Mr. Kaplan told them that the only area that would be an option for storage would be near the Knight Auditorium, and that even moving something to this area, could negatively impact a number of public shade trees. Ms. Gross stated that the Historic Commission also approached the NRC about storing the historic Wellesley Country Club building on NRC park or conservation land. Ms. Gross stated that the NRC requested that Ms. Deborah Bates, a representative from the Historic Commission, submit a formal
letter requesting permission and outlining the specific uses of the building, and how long any temporary use would take place. Ms. Gross stated that, to date, no letter has been received.
Discussion Regarding 47 Park Street Unauthorized Removal of 2 Public Shade Trees
Ms. Bowser stated that she has been in contact with the owners of this property, who had planned to send a letter outlining their rationale for removing 2 public shade trees, which were a 20-inch sugar maple and an 18-inch sugar maple. After some discussion, the NRC concluded that they would like to send a letter fining the owners for the unauthorized removal of these 2 trees, and that the fine would include a $500 fine under Mass. General Law Chapter 87, Section 6, and a fine totaling $5,700 under Mass. General Law Chapter 242, Section 7, based on a total diameter tree removal of 38”times $150, which is the assessed value per- diameter-inch, for a total combined fine of $6,200. Ms. Bowser said that she will send a letter to the owners and request that they attend a NRC meeting to discuss this matter. After
a motion was made and seconded, and the NRC voted 5-0 to issue a penalty of $6,200 to the owners of this property for the unauthorized removal of a 20-inch sugar maple and an 18-inch sugar maple.
Director’s Report
Discussion Re: Centennial, Fuller Brook, and Kelly Field Winter Parking Access Issues
Mr. Quinn discussed with the Commission his concerns about public parking in the gravel parking lots at NRC conservation areas at Centennial Reservation, Fuller Brook Park, and at Kelly Field. Mr. Quinn stated that in response to a number of residents recently getting stuck in the Centennial Reservation parking lot, the police called the DPW, who then had to remove the residents. As a result, the DPW installed concrete Jersey barriers at the entrances to the parking lot at Centennial Reservation, Fuller Brook Park at State Street and at the Kelly Field entrance on Elmwood. Mr. Quinn emphasized that these concerns relate only to the gravel parking lots, which cannot be properly plowed by the DPW in the winter. The NRC acknowledged that the Town had received a lot of snow in a short period of time in
early December, which made plowing difficult. After further discussion, the NRC requested that the DPW remove the Jersey barriers and instead place signage at these locations putting residents on notice that rain, snow, and ice conditions may exist and that visitors enter the lots at their own risk and expense. Mr. Quinn agreed to have these signs made and posted at these three locations, and that the DPW would do their best to plow these areas. The NRC noted that this is first time that barriers had been placed and a number of residents were concerned. Mr. Ted Becker, a resident on Oakland Street, voiced his concern that there have been negative impacts resulting from the barrier, in that people going to Centennial Reservation now park on the upper portion of the off-road shoulder, and in many cases, their cars are not completely off the street. The NRC thanked Mr. Quinn for bringing this to their attention and for working with them to develop a
constructive solution. After further discussion, a motion was made and seconded, and the NRC voted 4-0 to request that the DPW remove the Jersey barriers at Centennial Reservation, Fuller Brook Park, and Kelly Field and post signs warning visitors that they park and enter at their own risk. Mr. Quinn indicated that the NRC may want to consider paving these 3 gravel park areas as possible capital projects in the future.
Removal of Invasive Vegetation at Fuller Brook Park
Mr. Quinn stated that the DPW has been working on a winter project to remove invasives along the Fuller Brook area; particularly at the State Street and Wellesley Avenue locations, and that they have focused primarily on removing Japanese knotweed and Norway Maples. The NRC thanked Mr. Quinn and his staff for this effort.
Update on Selectmen’s Right-Of-Way Issues Adjacent to 27 Washington Street Development
Ms. Bowser stated that there has been no new information from the Selectmen regarding decisions about land use issues on this right-of-way strip abutting 27 Washington Street. She stated that National Development, the owner of 27 Washington Street, has filed their PSI permit request with the Planning Department and the Design Review Board and that they are expected to submit their application for a Wetlands Permit soon. Ms. Bowser stated that she will schedule a meeting with National Development for the NRC’s next meeting on January 22 so that the NRC can discuss their concerns about open space and natural resource protection on this parcel.
Update on Green Building Design Charette with High School Architects
Ms. Bowser stated that the NRC has been invited by the School Building Committee, headed by Selectwoman Katherine Babson, to attend the charette scheduled for January 12th, from 9:30 AM to 3 PM at the Wellesley Community Center. Ms. Bowser stated that she plans to attend a portion of this meeting and Ms. Gaughan indicated that she will attend as well.
Joint Meeting with Natick Open Space and Advisory Committee
Ms. Bowser stated that she has been in touch with the Natick Open Space and Advisory Committee and that they have been invited to attend the NRC’s next meeting on January 22, in order to discuss issues of concern related to open space and natural resource protection along the Natick/Wellesley border.
Update on Wetlands Protection Committee Issues
Ms. Bowser stated that she has submitted a letter to the editors of the Wellesley Townsman and the Boston Globe requesting that interested residents apply for 2 member positions on the Wetlands Protection Committee. Ms. Bowser stated that she has begun the hiring process for a new Conservation Administrator and that she hopes to hire an acting Administrator within the next several weeks until a full-time administrator can be hired.
Wellesley Country Club Request for Pesticide/Fertilizer Permit Waiver
Ms. Bowser stated that the Wetlands Permit issued to the Wellesley Country Club included a standard condition that no herbicides or pesticides be used in a 100-foot buffer zone in a wetlands resource area. In response, the Wellesley Country Club has requested a waiver of this condition in light of the Club’s IPM Plan. Ms. Bowser voiced some concerns that the IPM Plan does not commit the Country Club to herbicides or pesticide use reductions, and she suggested that the Country Club representative come to talk to the NRC at their next meeting. The NRC members concurred that a meeting would be appropriate, and Ms. Bowser will schedule a meeting for a future date.
Update on Brown Park Playground Redesign and Fundraising Effort
Ms. Bowser stated that the Brown Park Neighborhood Committee had hoped o raise an additional $10,000 by the end of December in order to further expand the design of this playground. Ms. Bowser stated that the committee is approximately half way toward this goal and she will keep the NRC informed as to the status of the Committee’s efforts.
Update on Charitable Foundation Playground Grant
Ms. Bowser stated that she has been in touch with a charitable foundation called Olivia’s Organics, which provides playground grants in communities that purchase their products. Ms. Bowser stated that approximately $1,000 is available and she will apply for the grant.
Advisory Committee Letter Requesting Reduction in Capital Budget Requests
Ms. Bowser reviewed a letter from Advisory requesting that all Town Boards review their
capital budget requests and make reductions in light of the fact that the Town’s Capital Budget exceeds the guidelines proposed for capital spending. Ms. Bowser stated that she will put this item on the agenda for the next NRC Meeting for further discussion.
Liaison Reports/Continuing Business/New Business
Update on Naming of Public Assets Town Bylaw and Ad Hoc Committee
Ms. Gross stated that she and Ms. Bowser are attending these Committee meetings and that it is being headed by Board of Selectmen Member Katherine Babson. She stated that the goal is to set forth a consistent Town-wide naming of public assets Town Bylaw that will allow the Town to consider donations and the resulting naming of Town assets. Ms. Gross stated that she will keep the NRC updated as this Committee completes its work and once a draft bylaw is developed, the NRC will need to approve the bylaw before is presented to the 2008 Annual Town Meeting.
Update on Sprague Field Remediation Project
Mr. Bashian stated that he had been attending the Sprague~Field Task Force Public Hearing that was occurring at the same time as the NRC Meeting. In addition, Ms. Gross stated that she and Mr. Cramer and Mr. Bashian attended a 5 PM meeting today with representatives from companies that manufacture synthetic turf infill, and in particular, alternatives to the crumb rubber infill. It was outlined that there are 3 or 4 alternative infill products, but that none have been fully tested as to environmental and public health and safety issues. After some discussion, it was the conclusion of the NRC that based on the information presented by the manufacturers, that alternatives do exist that may be promising and that further analysis and review is needed to explore these alternatives, prior to making a formal recommendation
by the School Committee for a synthetic turf infill product for the Sprague Remediation Project. The NRC concluded that they support pursuing alternatives to the loose crumb rubber infill, which presents some environmental and health and safety issues. It was the general sense of the NRC that if the Sprague Field Task Force and the School Committee recommends the use of crumb rubber infill as the synthetic infill of choice, then the NRC would recommend against the installation of an artificial turf field and that only natural grass be used on the 2 fields requiring remediation.
Review and Approval of NRC Meeting Minutes of December 11, 2007
After a motion was made and seconded, the NRC voted 5 – 0 to approve the NRC Meeting Minutes of December 11, 2007, as written.
Next NRC Meeting
The next NRC meeting was scheduled for Tuesday, January 22, 2008, at 7:30PM in the NRC Office.
Adjournment
After a motion was made and seconded, the NRC voted 5 – 0 to adjourn the meeting.
The meeting adjourned at 10:35 PM.
Respectfully submitted:
Janet Hartke Bowser
NRC Director
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