Approved 5/13/08
TOWN OF WELLESLEY
NATURAL RESOURCES COMMISSION
MEETING MINUTES
APRIL 4, 2008, 9 AM
SELECTMEN’S MEETING ROOM, TOWN HALL
Attending: Heidi Gross, Chairman, Paul Cramer, Vice-Chairman Joan Gaughan, Secretary, Neal Seaborn, Richard Bashian, Janet Bowser, NRC Director.
Guests: Roy Switzler, Wellesley Celebrations Chair, Hans Larsen, Executive Director of Government, Matt Shea, rep. from Atlas Fireworks (via conference call)
Discussion Re: April 9th Public Hearing and Permitting Issues for the Wellesley Celebrations Committee’s May 18th Concert on Hunnewell Field
The NRC outlined 4 specific issues that they would like to address during the meeting with Mr. Switzler regarding the concert:
1. Impact on the playing fields and loss of use of the playing fields;
2. Securing adequate money, whether in insurance or escrow to cover damage to the playing fields;
3. Impact on trees and associated natural resources and securing money to cover damage to such natural resources; and
4. Location of the port-a- potties and vendors to ensure maximum protection to the playing fields.
Discussion Regarding Concert Impact on Playing Fields and Potential Loss of Field Use
The NRC discussed this issue and stated that there will need to be confirmation that the fields will be ready by the start of the High School fall sport season, which is in the middle of August. The NRC concluded that the conditions for the permit approval must include the need to secure assurance from the DPW that they or their contractor will be able to repair and remediate the fields and make them useable by mid-August. The NRC proposed the possibility of putting plywood over all or a portion of the field in order to protect it. Plywood sheets could potentially protect the fields better than will the proposed snow fencing. Mr. Switzler stated that he will discuss this with the DPW. The NRC stated that they need written confirmation from Mr. Larsen and Town Counsel that adequate money has been
secured, either in the form of insurance or escrow, for repairs to any field damage. Mr. Bashian stated that the NRC will need written confirmation that there is adequate insurance to cover up to $350,000 in field damage, but that they should also require an escrow account so that money will be available immediately for repairs. Mr. Larsen stated that he is working with the event donor to secure such coverage and that he will confirm this with the NRC when received.
The NRC discussed with Mr. Switzler the possibility of moving the fireworks to a Saturday evening, thereby splitting the event into separate events on different nights, thereby lessening the number of individuals on the fields at one time. Mr. Switzler said that this is not possible, given the logistics and the police and fire departments’ needs, and that it would be extremely expensive. Mr. Switzler stated that he will look into locating the port-a-potties and the vendors in areas that will limit damage on the fields and the need for trucks coming onto the fields. The NRC suggested putting vendors in the parking lot area near the tennis courts to minimize damage.
With regard to the fireworks that are being organized by Atlas Fireworks, Mr. Seaborn stated that he would like to see a mitigation proposal to minimize damage to any of the trees. Mr. Seaborn asked if the Celebrations Committee could reduce the size of the shell of the fireworks to 4” down to 6” shells, so that they would not break down as high and could potentially limit impact to the trees and natural resources. Mr. Seaborn stated that he would like to see a pre-existing tree assessment conducted by the DPW and a post-concert assessment to determine any damage. Mr. Cramer and Ms. Gross stated that the fireworks are not likely to create substantial damage, but that perhaps an outside contractor such as Bartlett Tree Co. could conduct an assessment of the condition of the trees after the concert and any damage
could be paid for by the event donor. Mr. Switzler confirmed that Atlas Fire has a $1 million coverage for fire and a $5 million aggregate and he stated that the size of the firework shells has been reduce to 4” from 5”, which will reduce the safety zone radius to approximately 280 feet, thereby reducing the potential impact to the trees. Mr. Matt Shay from Atlas Fireworks joined the meeting on a conference call. The NRC asked Mr. Shay if the location of the fireworks could be further revised in order to limit potential damage to the trees and whether any damage is anticipated. Mr. Shay responded that they will be using a small caliper 4” fireworks display and very little, if any, tree damage is expected. He stated that he has set off fireworks on the Boston Common and on the Washington DC Mall and they were just as close to trees as is proposed here and there was no tree damage. He said that most of his firework launcheHehH
sites have been just as close, and there has never been any damage to trees. Mr. Shay reassured the NRC that this is a small-scale fireworks display and there should not be a concern about tree damage. He said that generally fireworks go up to a maximum of 400’ high and very few embers will come down and the explosions take place in the air. Mr. Shay stated that his insurance coverage will not cover any fireworks damage to the trees. He stated that he has never damaged a tree in 20 years of business and he recently organized the fireworks at the Marino Lookout Farm in Natick and that there were peach trees very close to the launch site and that there was no damage done to the trees, grass or other vegetation.
The NRC further discussed the need for adequate insurance coverage and that, before the NRC issues a permit, Mr. Larsen needs to confirm what type of coverage will be available for timely repair of any field damage. Mr. Larsen stated that he is currently working with the Town Insurance Carrier MIAA to obtain a stand-alone liability insurance policy. The NRC inquired as to whether or not cash will be available the next day if insurance is not available. Mr. Larsen stated “no” at this point. Mr. Cramer stated that the NRC would like to have cash available up front until the insurance is available. Mr. Larsen stated that he understands that Mr. Switzler is talking with Mr. John Brown, the High School Athletic Director, in order to assess what the field needs are. Mr. Bashian
voiced concerns that the NRC was not brought into the process earlier and given adequate information to make a responsible decision in a short period of time. Mr. Cramer stated that the DPW will need money to repair the fields as soon as possible to complete all of the repair work. Mr. Larsen stated that the Town would need to make a claim and seek an adjustment as soon as possible, but the Town would need to have an insurance policy in place that was acceptable to him and the Board of Selectmen. The NRC confirmed with Mr. Larsen that they will need confirmation in writing assuring the NRC that the Town has adequate coverage to complete all needed field repair work. Mr. Bashian stated that the statement must indicate that the Board of Selectmen are 100 % confident that the insurance will cover all damage and ensure that there are no exclusions. Mr. Larsen assured the NRC that he will review the insurance and ensure that it is adequate and that he will have the Board of Selectmen
sign off on this, confirming that the Town is covered. He said that he is relying on his MIAA representative to counsel the Town as to what coverage is adequate and will make a recommendation to the Board of Selectmen. He stated that the donor will pick up additional insurance on top of the Town’s coverage as needed.
The NRC concluded that prior to the concert, there needs to be a representative from all major Boards that will make an assessment and recommendation as to whether or not the concert can proceed based on field conditions.
The NRC concluded that they will continue this discussion at the Public Hearing on April 9th.
Next NRC Meeting
The next NRC meeting was scheduled for Wednesday, April 9, 2008, which will be a Public Hearing on the May 18th concert, at 7:30 PM in the Selectmen’s Room.
Adjournment
After a motion was made and seconded, the NRC voted 5 – 0 to adjourn the meeting.
The meeting adjourned at 12 PM.
Respectfully submitted:
Janet Hartke Bowser
NRC Director
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