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HomeMy Public PortalAbout09-25-2012 Informational Presentation TOWN OF ls3o WATERTOWN Office of the Totun Manager H ' Administration Building % 149 Main Street Watertown,MA 02472 Phone: 617-972-6465 Michael J.Driscoll Fax:617-972-6404 Town Manager tawwnvatertown-ma.gov townxne r@vatertown-ma.nov To: Honorable Town Council From: Michael J. Driscoll, Town Manager Date: September 20, 2012 RE: Agenda Item—Informational Presentation As a follow-up to the attached August 3, 2012 Miscellaneous Item and the remarks the Honorable Town Council President Mark S. Sideris made under President's Report at the August 14, 2012 Town Council Meeting, I respectfully request an Informational Presentation be placed on the September 25, 2012 Town Council Agenda, The Informational Presentation will be a report on the findings of the property line-survey of Whitney Hill / Whitney Woods and continued discussion on the request of the Conservation Commission to transfer said land to their care, custody, management and control to be held under G.L. c.40, section 8C for conservation, open space and passive recreation purposes and will be given by Christopher J. Hayward, Conservation Agent and Conservation Commission member Patrick W. Fairbairn,PH.D. For background purposes, attached please find various related materials for your information and review Thank you for your consideration in this matter. cc: Conservation Commission Christopher J. Hayward, Conservation Agent Steven Magoon, Director of Community Development and Planning Gerald S. Mee Jr., Superintendent of Public Works Mark R. Reich,Esquire, Kopelman and Paige, P.C. TOWN OF 1630 WATERTOWN r Office of the Town Manager ` -- Administmtion Building 149 Main Street Watertown,MA 02472 Michael J.Driscoll Phone:617.9726465 Town Manager Pax:617,972.6404 wvnvavatertown•ma.gov t0\t't1m0CLeAVOYCCYO W Ihma.LOV To: Honorable Town CouncilC4- Qt� iron; Michael J.Driscoll, Town Manager Date; August 3,2012 RR Miscellaneous Items Agendas/Mintttes/Deirairtinental Posthies As a follow up to one of the items at the August 1,2006 Town Council Work Session, attached please find Agendas/Miutites/Departmental Postings from various Departments,Boards, Commissions and Agencies received this week. Town Council Reauest for Information Attached please find entails and attachments regarding: �'� ➢ Whitney Hill/Whitney Woods ➢ Public Works fees ➢ Storm water infrastructure improvements ➢ PILOT Agreements Update Traffic Liehts -Pleasant Street Attached please find entails regarding the subject. New Automated Trash Collection and Single Stream Reevcline Program Attached please find an ernail and attaolunent regarding the subject, Vaeariev Announcement—Public Health Nurse Attached please find subject announcement. Ambulance Letter to Governor Patrick Attached please find an email and attachment regarding this subject. Driscoll, Michael From: Driscoll, Michael Sent: Thursday, August 02, 2012 11:00 AM To: Osmond, Marsha; Hand, JoAnna Cc: 'Mark R. Reich'; Magoon, Steven; Hayward, Christopher J.; Mee, Gerald; Dpwdept; Centola, Peter; Marshall, Phyllis Subject: COUNCIL REQUEST FOR INFORMATION---WHITNEY HILL/WHITNEY WOODS Please include this e-mail related to the subject In the next Misc Items to Council as the Town Council President will be placing an informational presentation on the September 11 or 25 Town Council Agenda.The informational presentation will be a report on the findings of the property line-survey of Whitney Hill/Whitney Woods and continued discussion ion the request of the Conservation Commission to transfer said land to their care, custody, management and control to be held under G.L.c.40,section 8C for conservation, open space and passive recreation purposes. 1 Excerpt from August 14, 2012 Town Council Minutes PRESIDENT'S REPORT: The Chair announced that at either the September llth or the 25th Town Council meeting a presentation will take place on the findings of the Whitney Hill Woods property line survey as well as the care, custody and control of the property to the Conservation Commission, 1630 Town of Watertown {i,',� Administration Building 149 Main Street er. _ Watertown, Massachusetts 02472 Conservation Commission Tel: (617)972-6426 . Fax: (617) 972-6484 Marylouise Pallotta McDermott,Chairman Christopher J.Hayward,Conservation Agent Charles C.Bering PatrickW.Fairbann,Ph.D. Nancy H.Hammett Leo G.Martin Louis M.Tavema To: Greg Watson, Director-Watertown Community Development and Planning Department From: Marylouise Pallotta McDermott, Conservation Commnission Chairman RE: Whitney Hill Conservation Land Designation Date: September 29, 2006 I am submitting information to you that was drawn up by Conservation Commission member Patrick Fairbaim concerning the desire of the Watertown Conservation Connnission to have Whitney Hill designated as Conservation Land. Please inform the Conservation Commission office staff as to the procedure to get this request accomplished. Sincerely, Marylouise Pallotta McDermott Conservation Corrunission Chairman Attaclrrnent i • • � � yy (�4",�t l�k ��jJ� 4 fi ?t ti . (}j7�jujf ZIP5 k+FYr ) #4� `"7 'xxS 1 ; _&x1 C 9��•tY� *� w iI Vy+ ;4 ( .y n ex �t Pam} ` }rl�d&dC� I it �l`� n►r. �� #x{S ix x�''x d '�!� r+ x fj� t� f�r � � � 1{4�gtplyJx�a� 1 ' . <s x I ^z. pt T vp go �'tr�3r7`i��t},t"Sfy\L� �,`tn.�n'u �k�$ ti u"'• t_�Y J' . art 1 S • WHITNEY HILL CONSERVATION AREA • The proposal is to have the "Care Custody and Control' of the Whitney Hill Area transferred to the Watertown Conservation Commission. • It would appear, based on informal inquires we certainly have the support of the management for this endeavor. • The Town of Watertown owns the parcel in question in its entirety. • The Watertown Conservation Commission would designate this area as a passive recreational area. • Rules and regulations for the use of this area would need to be established. Probably in cooperation with the police department. • Neighborhood meetings would be required to inform residents of our proposed plan and to solicit any comment or concerns from the neighborhoods which surround this area • If neighbors support the proposal we would then forward a request to the Town Council to initiate the transfer. The transfer process is long and somewhat cumbersome. • If all goes well the first issue the Watertown Conservation Commission would need to think of is a sign, or signs, to clearly demarcate the ownership of this parcel. • Second would be to lay out a trail system in the area. As previously discussed perhaps a birding path would be appropriate. • The final step would be to initiate an annual stewardship event when improvement projects and general cleanup of this event would take place. Perhaps an annual or semi annual event. • By proceeding with these steps I believe the Town Council will see the level of commitment they feel is needed to support this project. • Total area is 264,409 sq. ft. Proposal to Honorable Town Council for the creation of the Whitney Hill Conservation Area Purpose The purpose of this proposal is to examine the benefits of, and possible problems with, the creation of Watertown's first true Conservation Area. The area proposed is a well known section of Town owned property known as Whitney Hill. Whitney Hill consists of 264,409 square feet of a predominately natural wooded lot bordered by residential neighborhoods on three sides and Town owned property on the fourth side. The Town owned property consists of Victory Field and the Department of Public Works facility Whitnev Hill Whitney Hill consists of a fairly mature stand of deciduous trees with an established overstory canopy consisting primarily of Beech, Maple, and Oak with a dense understory of saplings including, Beech, Maple, Oak, Alder, Birch and Cherry. This combination of vegetation has provided a natural oasis in an otherwise urban environment for a myriad of wildlife. Wildlife includes many different species of birds and small animals including, raccoons, skunks, and rabbits. Residents of Watertown have used this natural area as an oasis for many years. Residents of all ages have spent many enjoyable hours in this natural setting. These trips have created several well-established paths that criss-cross Whitney Hill in several different locations. In addition there is a public safety access road which enters Whitney Hill from Marlboro Terrace. This system of trails and roads is well established and has become a permanent part of the Whitney Hill landscape. Current Access and Parking Access points for Whitney Hill are located on Marshall Street, Marion Road, Marlboro Terrace and Victory Field. These four locations currently serve as the main entrance points to this natural area, but there are surely other less visible entrances that are used by people familiar with this area as well. Parking for the users of this area has always been somewhat scattered among the four main entrance areas. The majority of the parking appears to take place at the Victory Field complex. Site visits to the access points at Marlborough Terrace and Marion Road did not reveal any vehicles associated with the use of this area. There is a small parking are that is located adjacent to Whitney Hill on Marshall Street which is predominately used by nearby homeowners but has, based upon conversations with nearby residents, served as a parking area for users from time to time. Current Uses and Activities Current uses for Whitney Hill are predominately passive in nature. Visitors to this area can enjoy bird watching, study the various species of plant life that make up the forest community, or simply enjoy the peace and tranquility of this area. In the wintertime the access road serves as an excellent opportunity for cross-country skiing. The trails that criss-cross the area are excellent for snowshoeing, and observing the many changes that occur to various plants, and animals as seasons change. There is some use of the area as a gathering spot for young people on evenings and weekends. Current Care Custodv and Control The Whitney Hill parcel is currently owned, and controlled, by the Town of Watertown. This parcel of land is under the auspices of the Town of Watertown government as a whole, as opposed to coming under the oversight of a specific board, agency, or department. The Department of Public Works is responsible for the upkeep of Whitney Hill. Due to the vast amount of work which is under the control of Department of Public Works the Whitney Hill area has become somewhat unkempt in appearance. Some trails are beginning to become over grown and entrances to the area are somewhat difficult to find because they are surrounded by dense under brush. The Police and Fire Departments provide patrols and fire suppression for this area. Some limited vegetation management would reduce the level of fire risk, and at the same time would allow for increased visibility for police patrols. Residents and community organizations have held an annual cleanup event to insure excess trash and debris do not scar the appearance of this natural gem. While all of these groups working together do their best to preserve Whitney Hill the fact it is not under the control of one lead agency is problematic. This leads to a somewhat disjointed effort to preserve this parcel of land. Benefits of Transferrina Care, Custodv, and Control of Whitnev Hill to the Watertown Conservation Commission There are many benefits to transferring Care and Custody of the Whitney Hill Parcel to the Watertown Conservation Commission. The Watertown Conservation Commission is, by law, not allowed to hold the deed on a parcel of land. Therefor any transfer of care, custody, and control would leave the Town of Watertown as the deed holder. This transfer would be to insure the land is held for conservation purposes, as outlined in Massachusetts General law Chapter 40, section 8C. The intent of the Watertown Conservation Commission is to maintain the Whitney Hill area as it is currently used, as a passive recreational area. The current entrances and exits to Whitney Hill would remain in place. Usage of the area would not be expected to increase significantly, and current-parking facilities at Victory Field would service the area. The proposed transfer would simply allow for one designated group to serve as the stewards for this parcel, and to organize and coordinate activities that are consistent with the long-term preservation of Whitney Hill. The changes proposed would be to add interpretive signage in appropriate locations, along existing trails, to allow the user to more fully enjoy the experience of flora, fauna, and wildlife. A birding path is a good example of this type of interpretive signage. The Watertown Conservation Commission would also look for grant funding to install natural erosion control devices along trails that suffer from severe erosion. We would also remove large debris from this area, and perform selective trimming and pruning to enhance the entrance and exit points of this area for the safety of the users. There are presently funds available in the Conservation Fund that would be used to provide matching funds for any grants that are received. The Watertown Conservation Commission will look to work with and augment the efforts of the community groups, and neighbors who currently work to protect this natural area. Transfer of the Whitney Hill parcel would provide the opportunity to insure there are stewards in place to maintain this beautiful natural oasis for future generations of Watertown residents. Thank you for your consideration of this request. The Watertown Conservation Commission has the ability, and the desire, to work with all interested parties to insure Whitney Hill is here for future generations. 11n q %Wk Vol Ally r low WA jet 14 ; O P ?. ..- N A -fO W ,Pr now FM win It 4� A, loop WV AD "gh? ------ - NOW, L W�� gR M TO W z v `s sj (L'�§ F t- ]£ h cu v� r rovtr �s� ijk, Lx 1­If IX, 1 WVT N Ph U Pit TOWN OF WATERTOWN 1630 Office of the Town Manager e It` Administration Building 149 Main Street Watertown, MA 02472 Phone: 617.972.6465 Fax: 617.972.6404 wwwmatertown-ma.gov Michael J.Driscoll townmgr@watertown-ma.gov Town Manager To: Honorable Town Council From: Michael J. Driscoll,Town'Manager Date: February 21,2008 RE: Agenda Item—Informational Presentation As a follow-up to a recommendation from the Committee on Public Works at their February 7, 2008 meeting outlined in the attached Committee minutes,enclosed please find correspondence from Christopher J.Hayward, Conservation Agent regarding Whitney Hill Conservation Land Designation. I respectfully request an Informational Presentation be placed on the February 26, 2008 Town Council Agenda. The Informational Presentation will be on a Proposal for the creation of the Whitney Hill Conservation Area and will be given by Conservation Commission member Patrick W. Fairbairn,PH.D. Thank you for your consideration in this matter. cc: Conservation Commission Christopher J. Hayward, Conservation Agent Gregory P. Watson,Director of Community Development and Planning Gerald S. Mee Jr., Superintendent of Public Works Town Council TOWN OF WATERTOWN Committee on Public Works Report: February 7,2008 The Committee on Public Works met Tuesday February 5,2007 in the Town Council Chambers from 6:00 to 7:30 PM,for the purpose of interviewing Conservation Commission appointments and reappointments. In attendance were the following members. No visitors were present. Susan FaIkoff,Chair Steve Corbett,Vice-chair Vincent Picchilli, Secretary This matter was referred to the Committee as a Request for Confirmation, dated January I8, 2008 by Michael Driscoll,Town Manager. The following five candidates were individually interviewed: • Maria Rose,33 Bancroft Rd;Envirorunental Engineer, City of Newton; for appointment, term to expire February 15,2009 • Louis Taverna, 133 Bellevue Rd; City Engineer, City of Newton; for reappointment, team to expire February 15,2009 • Nancy Hammett, 119 Riverside St;Independent Consultant,water policy,watershed management and land use;for reappointment,term to expire February 15,2011 • Charles Bering,508 Belmont St;Senior Staff Counsel,environmental law and litigation, Massachusetts Water Resources Authority;for reappointment,term to expire February 15,2010 • Patrick Fairbairn, 20 Marcia Rd; Wetland Scientist, Ornithologist, Botanist;for reappointment, term to expire February 15,2010 The Committee voted unanimously to confirm the appointment and reappointments of the five candidates. The Connnittee's recommendation to the Town Council is to confirm the anointment/reappointments to the Conservation Commission of the five candidates named above. I Page I of 2 Committee on Public Works,Report: February 7,2008 During the interviews,several issues of importance were raised by the candidates, which the Committee felt needed to be brought before the Town Council. `these items are as follows: 1. The Environmental Protection Agency 5-year stormwater discharge permit will expire in May 2008. It is generally acknowledged that the EPA's renewal process will be more rigorous than in the past, and that the town is,perhaps,not fully prepared for the EPA. In addition,the irmninent reconstruction of Pleasant Street will have an effect on stormwater discharge, Because the redesign has been ten years in the making, it is not clear how the stormwater management will affect future EPA compliance. The Committee's recommendation to the Town Council is to reauest a ioint meeting between the Committee on Public Works and the Couservatintr Commission,for tholnirilose of identifving annro_uriate actions to successfitlIv obtain the EPA nermit in the most efficient manner, 2. Related to EPA stormwater discharge permit; Federal and state regulators are becoming more rigorous with storm drain 1DDE(Illicit Discharge Detection&Elimination)issues, including subjecting municipalities to fines. Watertown, with its older sewer and drain infrastructure, is particularly vulnerable. While a complete inspection of every building in Watertown would be an expensive,time-consuming process, perhaps it could be accomplished incrementally,whenever a building is sold. The Committee's recommendation to the Town Council is to refer this action to the Committee on Public Works, to exulore the feasibilitv of reouirina a sewer/drain insu_ ection upon the sale of a pro pert . 3, Watertown has no undeveloped land remaining, other than the town-owned Whitney Woods,which remains as a wooded area that is not under the use or maintenance of any town department. This parcel of land currently requires maintenance to keep it iu its natural state with public use for passive recreation. The Conservation Commission has prepared a proposal to have it classified as"conservation land", The Committee's recommendation is for the Conservation Commission to make this presentation to the Town Council. Page 2 of 2 1630 Town of Watertown \� Administration Building 149 Main Street = Watertown, Massachusetts 02472 Conservation Commission Tel: (617)972-6426 • Fax: (617)972-6484 Marylouise Pallotta McDermott,Chairman Christopher J.HaTvard,Conservation Agent Charles C.Bering Patrick W.Fairbaim,Ph.D. Nancy H.Hammett Leo G.Martin Louis M,Tavenra Maria Rose To: Michael Driscoll—Town Manager From: Christopher Hayward, Conservation Agent RE: Whitney Hill Conservation Land Designation Date: February 20,2008 I am submitting information to you that was drawn up by Conservation Cormnission member Patrick Fairbairi concerning the desire of the Watertown Conservation Commission to have Whitney Hill designated as Conservation Land. The Conservation Commission would like to request being placed on the next Town Council agenda, 2/26/08, to make an informational presentation on this topic. If you have any questions, feel free to contact me. Sincerely, Christopher Hayward Conservation Agent Attachment 91�k) I{4 v S!j '��i` t 1L ,v?• �' ��. X+ 6 t 'F.d.� t rC �1x "Fy tR � e rM 'di ��I:�kr >W�tX �f�+lr` �,:ff{/ffli �iS+y�a, 5 . �L�K,,.,i`,�' �•}_°t Y �7 c - ;KC .`QT"tLl:`jc .f�43rX;• 3 .OUI fa5rtz S .; p( R Alk • Y}X f �NY�ct y � •t Sam F m Proposal to Honorable Town Council for the creation of the Whitney Hill Conservation Area Introduction The intent of this proposal is to present the case for creation of Watertown's first Conservation Area. The area proposed is a well-known section of Town-owned property.known as Whitney Hill. Whitney Hill comprises approximately 6 acres of a wooded lot bordered by residential neighborhoods (Oliver Street, Marlboro Terrace, and Marion Road) on three sides and Town-owned property on the fourth. The Town-owned property consists of Victory Field and the Department of Public Works facility. Proposal The proposal before you concerns a possible transfer of care, custody and control of the parcel known as Whitney Hill to the Watertown Conservation Connuission. The issues that are associated with this transfer are discussed in the body of this proposal. Let us begin with an examination of the Whitley Hill parcel. Whitnev Hill Whitney Hill consists of a fairly mature stand of deciduous trees, including . American Beech, several maple, oak and birch species, and Black Cherry, with a dense understory of saplings of these species, as well as various native and exotic slnubs and vines, and a sparse herbaceous ground cover. In au otherwise urban environment, this plant community has provided a natural refuge for both resident and migratory animals. Typical residents include Blue Jay, Cardinal, American Robin, Red-tailed Hawk, American Crow, Striped Skunk, and Eastern Cottontail. The substantial presence of wild-grown trees makes the habitat especially important for bark-feeding and/or cavity-nesting species: Downy Woodpecker, Flicker, Tufted . Titmouse, Black-capped Chickadee, White-breasted Nuthatch, Screech Owl, Gray Squirrel and Raccoon. Citizens of Watertown have also used this rare open space as part of their -- - --- --- - habitat for many years. People of all ages find in it a natural refuge from everyday suburban life. Their activities have created several well- established paths that cross Whitney Hill in different directions. In addition, there is a public-safety access road that enters Whitney Hill fi-om Marlboro. Terrace. This system of trails and road is a well established part of the Whitney Hill landscape. Current Access and Parking The main access points for Whitney Hill are located on Marshall Street, Marion Road, Marlboro Terrace and Victory Field, but there are surely other, less visible entrances used by people familiar with the area. Parking for the users of this area has always been dispersed among the four main entrance points. However, most parking appears to take place at the Victory Field complex. Current Uses Current uses of Whitney Hill include walling (often with dogs), bird watching, general observations of the natural landscape as it changes through the seasons, and enjoyment of the area's tranquility. Young people gather in spots occasionally on evenings and weekends. In winter the access road and trails provide an opportunity for Nordic skiing and show-shoeing. Current Care, Custody and Control The Whitney Hill parcel currently comes under the ownership and control of the Town of Watertown as a whole. It is not subject to the comprehensive overview of any specific board, agency or department. The Department of Public Works is responsible for the upkeep of Whitney Hill. Owing to the vast amount of work the DPW must perform all over the Town, it is difficult to dedicate the hours needed to maintain the Whitney Hill area. Some trails become overgrown, and entrances to the area can be somewhat difficult to find when obscured by dense underbrush. As necessary, the Police and Fire Departments provide patrols and fire suppression respectively. Residents and eonununity organizations have held an annual cleanup of trashand debris. While all these groups do their best to preserve Whitley Hill, its current management suffers from a lack of vision, coordination, guidance and control by one lead agency. 2 Benefits of Transferring Care, Custodv and Control of Whitney Hill to the Watertown Conservation Commission There are many benefits to transferring care and custody of the Whitney Hill parcel to the Watertown Conservation Commission. The Watertown Conservation Commission is, by law, not allowed to hold the deed on a parcel of land. Therefore any transfer of care, custody and control would leave the Town of Watertown as the deed holder. This transfer would ensure that the land is held for conservation purposes, as outlined in Massachusetts General Law Chapter 40, Section 8C. The Watertown Conservation Conunission proposes to maintain the Whitney Hill area as it is currently used, with additional enhancement of its historical and educational values. The current entrances and exits to Whitney Hill would remain in place. Usage of the area would not increase significantly, and current parking facilities at Victory Field would continue to serve most visitors. The proposed transfer would simply allow for one designated group to serve as the steward of this parcel, and to organize and coordinate activities thaVare consistent with the long-term conservation of Whitney Hill. The enhancement proposed would include addition of interpretative signage in appropriate locations along existing trails, to enrich the users' encounters with flora and fauna. Part of the hill comprises almost exclusively n ative flora representative of our pre-Colonial forest—the biggest and best example in town. Other parts exemplify the inroads exotic invasive plant specie's can make in our region's remnant woodland. It will be worth exploring the possibility of establishing permanent study plots to monitor change in this forest environment, including the effects of corrective management to eradicate exotics, and the long-term fate of an invaded sample plot in which nature is allowed to run its course unchecked. Involvement of the school system in such a study would make a welcome contribution to both public secondary education and biological conservation, and should be considered seriously. The Watertown Conservation Commission would also look for grant hording to install natural erosion-control devices along trails that suffer fiom severe erosion, As needed for the sake of safety and convenience, the Watertown Conservation Commission would keep pathways clear of coarse woody debris, and perform selective trimming and pruning to enhance the entrance and exit points. Money currently available in the Conservation Fund would be used to provide matching funds for any grants that are received. 3 The Watertown Conservation Commission will look to collaborate with the community groups and neighbors who currently work to protect this natural area. Transfer of the Whitney Hill parcel would ensure that there are stewards in place with enhanced commitment and authority to maintain this beautifiil natural open space for future generations of Watertown residents. Thank you for your consideration of this request. 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Jl .Yif y,`� �i LS•v.' c.r -`'r�. `cy=.`..Mtti>'i _'.- �^ ':'y�� 4'`�'i--�i�3 „�"r^".t'5 y a"�:' zwi.> �F:•�245: i a, -,r.4.?i'y _�C�}n•'y,:} ::E. '; •Tic.'.' .'.^::E„ •.-.sv: - r.�i?t-n'«r': 'ti '„^iF`2. `:yf^,;:;d�i _ '^.. _ _ _ _i�� <\T.v�Y ujiti�' '.:Vi-0i.r!jt, �..,.� AZ.i'}�� l.,�L]+., 'i�'\•.A�...}.:.;y� Z.'S'�+_�:LNa�ik:i,^�L'VyQ' y February 23, 2008 TC Minutes Excerpt 7. INFORMATIONAL PRESENTATIONS FROM TOWN OFFICERS AND EMPLOYEES: A. Informational Presentation on a Proposal for the creation of the Whitney Hill Conservation Area—Patrick W. Fairbairn, PH.D, Conservation Commission member. The Chair recognized Mr. Fairbairn who provided an introduction to a proposal for the creation of the Whitney Hill Conservation Area, Mr. Fairbairn reviewed the cuff ent access and parking situation, current uses, current care, custody and control and the benefits of transferring the care, custody and control of Whitney Hill to the Conservation Commission. Following the brief presentation, Councilor Corbett stated that while the proposal sounds good, he is unclear of the benefits and asked why the Town can't accomplish the same goals under the current situation. He also asked that the Town Attorney outline all the pros and cons of the transfer of custody. Councilor Falkoff spoke in support of the transfer of custody of Whitney Hill, stating that this is a milestone. She also noted that residents are adamant that the land remain natural and does not change in any way. She also concurred with asking for a legal opinion from the Town Attorney. Councilor Hecht stated that the proposal is a good one and that Whitney Hill is unique. He noted that he is in favor of a motion to carry this forward and to look at other communities as models. Councilor Kounelis voiced support in exploring the matter. She spoke in support of notifying neighbors who abut the entrances and egresses. Attorney Reich reviewed State statues that govern transfers of land from one department to another. He also stated that a resolution would need to be drafted first. Councilor Falkoff moved to request the Manager to develop a process and procedure for the transfer and that the Town Attorney will outline all the pros and cons of such a transfer, seconded by Councilor Hecht and adopted by unanimous -moll call vote.- - - - - - 1630 Town of Watertown Administration Building ? h 149 Main Street =; __ Watertown, Massachusetts 02472 Conservation Commission Tel: (617)972-6426 . Fax: (617)972-6484 Marylouise Pallotta McDermott,Chairman Christopher I Hayward,Conservation Agent Charles C.Bering Patrick W.Fairbaim,Ph.D. Nancy H.Hammett Leo G.Martin Louis M.Taverna Maria Rose To: Michael Driscoll—Town Manager From: Christopher Hayward, Conservation Agent ( RE:, Whitney Hill Conservation_Land Designation Date: March 18, 2008 At year request I am presenting you with information that has been gathered fiom and by various sources regarding the parkland status of the plot of land known as Whitney Hill. According to the attached article "Protected Open Space—Leaving Legal Footprints prepared by Jennifer Soper of the Massachusetts Executive Office of Environmental Affairs, for Whitney Hill to be considered Article 97 Conservation Land the deed that is associated with this land must read that the land was acquired for those related purposes, such as parkland, open space or conservation land. A copy of the deed for this land has been attached as well and the line designating 6.07 acres of Whitney Hill as park land is highlighted for your convenience. Article 97 land cannot be disposed of or used in any other fashion than it has been relegated to unless it goes through a rigorous disposition process which is described on page 2 of the attached article. I have also attached to this memo a cppy of the Park Commissioner's Report of 1895 stating the purchase of the hand for park purposes, a copy of the map from the Assessors Office highlighting the portion of land that is being discussed and a report detailing the history of Whitney Hill prepared for our office by one of the Town's Historical Commissioners,Marilyn Roach, If you have any questions,feel free to contact me. Sincerely, Chri s e Ii �a d Conservation Agent i Attachments PROTECTED OPEN SPACE - LEAVING LEGAL F oOTPRINTS The Problem Town-owned conservation land and parkland mat,not be leeally Protected open space. Open Spaces across the Commonwealth may not be as protected from development as we thought. A recent ruling by the Massachusetts Supreme Judicial Court(June 2005 Town of Hanson v. Lindsay)found that land acquired for conservation purposes as stipulated in the Town Meeting Vote, but not subsequently reflected in the deed, can be"disposed", (in this case it was sold), without going through astringent public review process. In this particular case, the town meeting vote required that the deed reflect the conservation designation and when the deed did not have the conservation language,the court found that it was not conservation land, and not subject to Article 97. Legally Protected Open Spaces Some Background Citizens of Massachusetts have a state constitutional right to a clean environment as first established under an amendment adopted in 1918. Subsequently,Article 97 of the Articles of Amendment to the Massachusetts Constitution provides that "the people shall have the right to clean air and water, fi-eedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment." "Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court." These public lands include both state-owned lands and municipal lands acquired for conservation or recreation purposes. Article 97 Philosophy of Article 97— 1973 Opinion of Attornev General Ouinn: • Public has the right to clean air, water, freedom from excessive noise, natural, scenic,historic, esthetic qualities of their environment. ("The fulfillment of these rights is uniquely carried out by parkland acquisition.") • Land Protection: "the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources... in harmony with their conservation." The Quinn opinion broadly defines lands acquired for Article 97 purposes, asserts a wide definition of"natural resources" protected, gives examples of both conservation and recreation lands that are protected, and applies this protection to lands acquired both before and after the effective date of Article 97. "[W]hile small greens remaining as the result of constructing public highways may be excluded, it is suggested that parks, monuments,reservations, athletic fields, concert areas and playgrounds clearly qualify." Removine Land front Leeal Protection under Article 97 EOEA Article 97 Disposition Poliev-No Net Loss The policy of EOEA and its agencies is to protect, preserve and enhance all open space areas covered by Article 97 of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts. The goal of this policy is to ensure no net loss of Article 97 lands under the ownership and control of the Commonwealth and its political subdivisions (1.e., municipalities and counties.) Exceptional circumstances must exist for EOEA and its agencies to support an Article 97 disposition. Determination of"exceptional circumstances"includes a finding that all options to avoid the Article 97 disposition have been explored and no feasible and substantially equivalent alternatives exist, including the evaluation of other sites for the proposed activity. EOEA:Division of Conservation Services March,2006 1 Jennifer Soper,(617)223-1745 EOEA's Disposition Process—Purposefully Onerous 1) Municipal conservation cormnission must vote that the land is surplus to its needs 2) Municipal park commission must vote the same if it is parkland in question 3) Town Meeting or City Council must also vote to remove the land from protected status 4) Municipality must file an Environmental Notification Form with EOEA's MEPA Unit 5) The disposition request must pass by a two-thirds vote of the Massachusetts Legislature and be signed by the Governor. Finally, if the property was either acquired or developed with grant assistance from EOEA's Division of Conservation Services(DCS) (i.e., Self-Help,Urban Self-Help or Land and Water Conservation Fund),the converted land must be replaced with land of equal monetary value and recreational or conservation utility. While conversions do occur,the process is purposefully onerous in an attempt to protect these conservation and recreation lands in perpetuity. A Solution—Research and Re-record Research Acarrisition History and Deed Research the acquisition history and deeds for all municipal conservation and parkland and identify those parcels that have affirmative Town Meeting Votes or City Council Orders stipulating that the land is for either conservation or recreation use, and deeds echoing that particular purpose for acquisition. You may discover some surprises as the research uncovers which lands have the most protection as "open space."The deed may stipulate that the land is to be managed by the conservation commission or park commission, or that it was donated to the town with deed restrictions, or for park or conservation purposes. If the property was acquired or developed with DCS grant assistance,the grant agreement should have been recorded as an adjunct to the deed. The authorizing Town Meeting Vote or City Council Order may also be recorded as an adjunct to the deed(i.e., request that the Register of Deeds or Land Court clerk make a marginal reference on the deed or title). Consider the following: • Some publicly owned lands can be sold or developed easily(with local legislative approval) either to private parties or for other public purposes. For example, school playgrounds and ballfields are often not protected parklands. • Some deed restrictions may only last for a period of years(typically,30 years)and not in perpetuity. The Fix-Record a Corrftrmatoly Deed If you discover that the Town Meeting Vote or City Council Order authorizing the acquisition of a conservation property or park property stated that the land to be acquired was for either conservation or recreation use, but the acconnpanying deed does not reflect that intent, fix it by recording a corrective deed. Again, it may also be prudent to record the authorizing Town Meeting Vote or City Council Order as an adjunct to the deed. Sample for Conservation Land "...hereby grants to the TOWN OF a Massachusetts municipal corporation, through its Conservation Commission for administration, control, and maintenance under the provisions of M.G.L., Chapter 40, §8C, as amended, with covenants the land as bounded and described as follows:..." Sample for Parkland "...hereby grants to the TOWN OF a Massachusetts municipal corporation, through its Park Commission (department) for administration, control, and maintenance under the provisions of M.G.L., Chapter 45, §3, as amended, with covenants the land as bounded and described as follows:" EOEA:Division of Conservation Services March,2006 2 Jennifer Soper,(617)223-1745 Town of Watertown Members. 1630 Marylouiso Fallotta McDermott, Administration Building Chairman ,'` 149 Main Street Charles C.Bering t Watertown,Massachusetts 02472 Louis M.Tavama t " y Conservation COMU-dSSion Nancy H.Hammett Leo G.Martin Tel: (617)972-6426•Bax:(617)972-6484 Fabick W. Fairbaim Christopher Hayward, Conservation Agent March 7, 2008 Mr. Arthur Hughes, Esq, Executive Office of Energy and Environmental Affairs Division of Conservation Services 100 Cambridge Street— 9th Floor Boson, Massachusetts 02114 Dear Mr. Hughes: It was a pleasure talking to you on the phone this past week regarding the efforts of the Watertown Conservation Commission in making the area known as Whitney Hill Woods into conservation land. For your information, I am sending to you the material presented to the Watertown Town Council at their meeting of February 26, 2008, I am also sending you a very interesting History on Whitney Hill Woods researched by a member of the Watertown Historical Commission Ms, Marilynne Roach as well as some ancient history found a the Watertown Library in the Reports of the Park Commission going back to 1895. I would appreciate any piece of advice you can offer in making this a reality. Is this Article 97 land? I have not seen the deed. I can be reached by email at MLPM172(@al.com or at 617-924-2318, Sincerely, Ma louise allotta McDermott PS. I have been able to set up a joint Executive Session of the Conservation Commission and the Town Council with the Town Manager for Tuesday, the I Ith of March to discuss a topic in which I am sure you will be most interested. Hopefully after the meeting, I will be able to discuss this with you. y a N _ tT o ^S n O m C m d O O 8@ n n� �o P Rro • O n w"m ppv m a ~ b 6 0 � `4 O � p '^ O• .{ � � O (i y �. K n� (�� y aH _ p ° G y y P y p 0 b �14 C m S G w io v • p 0 p• 8 9 � N aQ o A a 'tl 5• n v "ami w p❑ y b as w °� a » w ro a 5 o a m a ro ro m y o ° G o• �' °Q o ° R. .n " ° `° a 2 �s`' 'a`• a� '•e At '+ R. o- o m v, m y 2 w N �+,' H ° m °' U4 apC `� �• 07 w kJ w o p Dp o q* p ry a m ° 9 4. n a O •p' m o FT''. G 8 `ry w o• m `}., p �'. 9 C m n -�'i w 6' q 01 0 n � q a1 �UG m a 0 8 ° m � m � p1. 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Roach Marilynne K. Roach 141 Marshall St. Watertown,MA 02472 617-924-3559 Whitney Hill Woods A persistent neighborhood rumor assumes that Whitney Hill Park was donated to the town of Watertown by the Whitney family on the condition that it always remain in a natural state. In fact, the town purchased the land and not all of it is included hi the park's boundaries. The Woods on Whitney Hill is one of the last natural landscapes in Watertown. Its survival into the twenty-first century is due to a fortunate combination of benign neglect and the efforts of a few concerned individuals at key moments in its history. But benign neglect can do only so much. The entire Woods needs the added protection.of being designated conservation land. The Hill Over the centuries the hill has been called Whitney Hill (or Whitney's Hill), and White's Hill: eight generations of Whitneys owned various farms on three sides of it while nineteenth century cattle baron Abijah White owned a sizable part of the south slope-the side visible from the present Watertown Square. The Woods Solon Whitney's 1893 Historical Sketches of ffatertonvn, deduced that Watertown had never been heavily forested. The first settlers quickly divided the town into homesteads and pastures,implying open land, and early records frequently ordered the trees to be preserved,"as if they were comparatively few, and a price placed on their use or destruction." John G. Hales' 1830 map, 'Plan of Watertown,"indicated only a few scattered woodlands. The plot on Whitney Hill appeared larger then than the present park is, the trees extending around onto the side of the height where Palfrey Street would later run. This may be the area where Abijah White's family sponsored Temperance meetings. In 1864, a parade of returning Civil War troops ended "at the grove on Whitney Hill with speeches and refreshments." The present Whitney Hill Park was once part of Edmund Fowle's farm, the same man who owned the Historical Society's Edmund Fowle House. After later generations sold the fields and woods west of the present Spring Street, this section became the estate of Nathaniel Whiting, a founder of the Watertown Savings Bank. Whiting planted many specimen trees on his property -some beeches and ginkocs still survive in the neighborhood- and valued the woods in its own right. When John Cushing, wealthy from a quarter century in the China Trade, decided to build himself a country mansion,he eyed Nathaniel Whitings wooded hill and offered to buy it. Whiting, remembered as a"gruff' character, replied bluntly, `Mr. Cushing,you have not enough money to buy that hull." Whiting died in 1871,however, and his heirs were not as protective of the woods. A square of land in the south west corner, the highest part of the property,was sold in 1884 to the Watertown Water Supply Company for a standpipe. The last surviving trustee of Whiting's estate sold the rest of the land in 1890 for $40,000 to the Watertown Land Company. The Company-consisting of developers Horace W. Otis and his brother Ward M. Otis, Samuel Gleason and Chester Sprague-then divided the area into 91 building lots, cut new and extended existing streets into the area,,and reserved a scrap of park (presumably for the abutters) in the steepest, south west, corner of the hill around the circular Water Tower. Watertown, however,like other towns, had finally realized how quickly open , space was shrinking as the country villages around Boston transformed into thickly populated Street-Car Suburbs. A 21 June 1895 Town Meeting considered a report from the newly established Board of Park Commissioners advising the purchase of the six and 7110 acre Woods, then called White's Hill, from the Watertown Land Company for $7500, for use as a public park. (This included the park area on the developers' plan plus two house lots and the space originally planned for roads.) Commissioner William Ingrham made the plea to preserve that"beautiful growth of forest trees forming a handsome crown for the Landscape, and catching the eyes of every person entering our village by any avenue of approach."For the investment of "comparatively a small sum . . . our children and your ch ildren's children shall forever bless the memories of their fathers." The Town Meeting report laconically recorded that it was"voted to accept the report and adopt the recommendation contained therein." The Watertown-knia7prise for 28 June 1895, however, reported a"hot"debate the official minutes omitted. "Several of the articles called for much loud discussion, and much was said which bars better have been unsaid."After Park Commissioner Ingrham emphasized that an opportunity to purchase such a piece of wooded land was not likely to present itself again, 'Mr. M. J. Cunniff' objected that they should do something with the park they already had (Saltonstall Park),"before buying a lot of woods in the back part of town at the instigation of the Watertown Land Company"which was, lie later added, only trying "to unload a lot of unsalable land on the town." Mr. Thomas Gavin"thought the clump of trees was a beautiful sight,"but could not seethe point in buying it since"when a man climbs to the top it knocks the stuffing out of hum." Several also objected to the price, but the Land Company,which had originally asked for$10,000. and would have preferred not to sell it for a park,would not take a cent less than $7,500. The Enterprise noted that Commissioner Ingrham,Rev. E. A. Rand,Mr. Jesse Wheeler,Mr. J. E. Abbott,Mr. Herbert Bent, and Generat A. O.Davidson especially championed the cause-despite Gavin's attempts to shout down Rand, and Cunnift's pique over an imagined offense. In contrast,Bent"thought the thanks of the town was due the commissioners for the brave stand they had taken and their steady fight for the best interests of the town." Fortunately,the several appeals to preservation at last prevailed, arrd the motion passed 132 to 52. By the turn of the century, after the town joined with the MDC for its water supply, the Board of Water Commissioners turned custody of the Water Tower over to the Park Commission. According to the 1899-1900 Town Report, "This plot contains many desirable trees, and will afford quite an addition to the Park area. The Water Tower, while not used at present,will be retained for emergency use of the Water Board." In the 1901-1902 Town Report, The Park Commissioners hoped that"the few remaining attractive woodlands of the town"might be similarly preserved`Tor future generations,"naming Arsenal Woods, Stearns Woods, a piece between Arlington and Bigelow Streets near Mt. Auburn, and Waverly Woods. None of these have been saved by either public or private means. (Stone's Woods, on the Watertown/Cambridge border had become part of the Mount Auburn Cemetery, more a garden than a woodland.) The same report cited a pair of articles in the Watertown Enterprisse that described the variety of bird fife in Watertown and Whitney Hill in particular. OU of the birds named in the articles (and more) are still to be found in the Woods as permanent, seasonal, or occasional species a century later. The"open field" beyond, however, no longer exists.) "Not only is the fauna an interesting one, but the flora will well repay careful investigation,"the report continues, "as many interesting plants occur within it. These woods present a field for study for the students in our public schools, and for visitors whether scientifically inclined or only interested in the views from the attractive hillside." The Western Section In the eighteenth century,when Fowle owned most of the eastern part of the Woods, the western section was Captain Daniel Whitney's "Side Hill Orchard."(A few apple and crabapple trees survived at least into the 1950's when the land was more open.) Israel and Sally Whitney sold this orchard and the rest of his farm in 1825 for $3,800. to Watertown for the Town Poor Farm. Maps of Watertown published from 1830 to 1999 clearly indicate the"Town Alms House" south of Orchard Street where the DPW is now. &S After a new almshouse was completed in 1889 on the north side of Orchard street (where the Lowell School is now),the Water Department and the Department of Public Works took over the old Town Farm's land south of orchard Street. The Road Department had already gouged out and exhausted a gravel-pit in this area. The open fields below the Woods, scene of informal ball games,was specifically set apart in 1911 for recreation as"The Town Field"(renamed "Victory Field" after World War I). The town transferred control of the area to the Park Department,removed the original stone wall boundary, and built a concrete grandstand flush against the Woods. The brook that ran along the border was destroyed entirely, and for a time the field east of Marion Road was the Town Dump before it too, became an athletic field and playground. The former "side hill orchard" managed to survive by luck and neglect. The Woods as a whole cannot depend on luck forever. In the past, even the well- intentioned Park Commissioners who fought to establish the Park toyed with the disastrous idea of cutting roads through it-"narrow park drives,which could be extended by graceful curved lines . . . and open out onto Orchard street, affording a more direct route to Waverly and Belmont." For some decades, possibly from the time of the 1938 Hurricane, until the ban on open fires, the town used to burn off fallen leaves in October,leaving the ground charcoal gray and reeking like a chimney. During the 1970's a summer work program would leave a van-full of untrained,unattended teenage boys armed with sharp implements in the Woods each week-day for several weeks, several years in a row,with orders to "clear"the undergrowth. Mostly they sat around making noise, and`worked" only when the equally ignorant supervisors arrived, slashing apart every growing plant smaller than firlly established trees. In this way the town destroyed,among other things,the extensive plot of bracken fem which was unable to survive the repeated cutting. Both sections of the Woods need to be protected- from passing vandals and municipal mis-use. Dividing the area for different uses would only further weaken its ability to support the variety of plant and animal life it currently preserves. The value of this rare survival in a Street-Car Suburb as a natural history area-providing exercise, beauty, and education- outweighs any other use that might be foisted on it. Especially now that the Park Department has become the Recreation Department, the Woods is surely better served by the Conservation Commission. It's needs, after all, are far different from the requirements of an indoor skating rink, a football field or paved temus courts. Park Commissioner William Ingrham said it best at the beginning: "Once its beauty is destroyed, it is destroyed for all time." Town Records [Watertown Meeting Records] stored in the vault of the Town Clerk's Office, Watertown Town Hall,Watertown,Massachusetts 14:134 Warrant for 21 June 1895 Town Meeting Article 6: To hear the report of the Park Commissioner upon the purchasing of that portion of "White's Hill,"so called, that is covered by standing trees, for a public park or take action relating thereto. 14:136 21 June 1895 Town Meeting Article 6: The Park Commissioner made a report to the Town recommending the purchase of"White's Hill" so called, as per plan submitted with said report, for the sum of seven thousand five hundred dollars. Voted to accept the report and adopt the recommendation contained therein. 14:137-138 Report of the Commissioners The Park Commissioners of Watertown ask leave to suggest to the voters of Watertown their ideas in reference to the purchase of the tract of land known as"White's Hill," owned at the present by the Watertown Land Company, for a Public Park. After giving the matter a pretty full consideration in the Board and having fully agreed in the advisability of submitting the proposition of buying the lot by the Town for a Public Park and establishing it as such, under the"Park Act,"if it could be purchased for such a sum as would not seem burdensome to the taxpayers, we called upon the Members of the Watertown Land Company and upon our request they went over the lot with us and submitted what they thought a low price for the land we wished to buy. The value as placed by them upon it at first was rather more than we could recommend, although,we cannot say that the price they asked was above a fair market value,in fact it was much lower than building lots are selling for on the westerly side of the hill at the present time. After further consideration with the owners and agreeing upon a plan as herewith submitted,the Land Company offer to sell to the Town, for the sum of seven thousand five hundred dollars the lot as shown on said plan containing six and 07/100 Acres,the whole lot covered with a beautiful growth of forest trees forming a handsome crown for the Landscape, and catching the eyes of every person entering our village by any avenue of approach. We would,therefore, recommend that the Town do purchase the lot upon plan submitted being an investment for such an object of comparatively a small sum and for which our children and your children's children shall forever bless the memories of their fathers. Respectfully submitted William H. Ingrham Park Commissioners Edw'd A. Reid of W.F. Learned Watertown Attest Fred E. Critchett Town Clerk c Middlesex Probate Court, Cambridge,Mass. 2417:529-530 1 July 1895 Samuel L. Gleason of Watertown, as Trustee of the Watertown Land Company, sold a certain piece of land for$7,500. "to the said inhabitants of the Town of Watertown for a Public Park agreeable to the recommendations of the Park Commissioners in their report to the Town at legal meeting of the voters of said town held the 21 st day of June, 1895, and adopted, see Records of the Town Book 14 Page 136,to which report and votes reference is hereby made to a certain parcel of land situated in said Watertown known as White's Hill and shown on the Plan of lots at Whiting Park,Watertown,Mass. by William J. Pierce, Sur.,June 1890." "Beginning on Oliver Street at lot numbered eighty three(83) on said plan thence running almost westerly on said lot two hundred and nineteen (219) feet to land of Kellen: thence running northwesterly on said land of Kellen two hundred and forty five(245)feet: to land of the Watertown Water Supply Company: thence running northeasterly one hundred(100)feet and northwesterly one hundred and 65/100 (100.65)feet on said land of said Company to land formerly of J. M. Bean: thence running northeasterly on land formerly of said Bean and on land of the grantee five hundred and forty and 60/100 (540.60)feet to other land of the grantee: thence running southeasterly on said other land of the grantee,three hundred and fifty nine 86/100 (359,86)feet to the point where the division line between lots numbered forty six and forty seven (46 &47) on said plan if extended would strike said land of the grantee thence running southwesterly along said division line extended in both directions three hundred and seventy eight and 481100 (378.48)feet to Marshall Street: thence southwesterly on Marshall Street eight and 1/10 (8.1)feet: thence by a curved line formed by extending the easterly line of Marshall Street to the westerly line of Oliver Street and continuing on said westerly line of Oliver Street ninety three and 6110 (93.6)feet thence running southerly on said Oliver Street eighty one. and 6/10(81.6)feet to the point of beginning: containing six and 7110 (6,07) acres of land." "Said land is to be used for park purposes only." Alms House/Town Farm Tratertown Records comprising the Eighth Book o,f Town Proceedings 1810 throrigh 1829. published by the Town, 1939: pages 515-51& 7 March 1825: Warrant for Town 1Nteeting, Levi Thaxter,Moderator: Article 10 Nathaniel Bright John Clark voted as Overseers of the Poor Thomas Learned "Also voted that the Overseers of the Poor be directed to buy a Farm within the limits of Watertown, such a place as they shall think most for the interest of said Town, on which to place their poor, and that they are hereby authorized & empower'd to borrow on the credit of the Town such sum or sums of money as shall be necessary to defray expenses arising from the same." Middlesex Probate, Cambridge: 260:42-43 31 March 1825 Israel Whitney, yeoman of Watertown,Middlesex County, Massachusetts sells for $3,800, to the Inhabitants of Watertown two parcels of land in Watertown(and his wife Sally Whitney grants her right of dower): 20 acres more or less with the land and buildings on it bound: northerly by the highway easterly by land of Nathaniel R. Whitney, Esq. south and east by land of Joseph S. Bailey south and west by land of Charles Whitney north and west by land of the heirs of Simon Whitney, deed. &Nathaniel R. Whitney, Esq. also another parcel in Watertown of about 12 acres more or less bound: southerly by said highway easterly by land of Nathaniel Whitney, Esq. northerly by land of Nathaniel Bright westerly by land of Abijah White Town Records, continued, pages 527-528 8 April 1325 = "Article 3"Voted that the Town approve of the doings of the Overseers of the poor in contracting with Israel Whitney for the purchase of his Farm for the sum of Thirty Eight hundred dollars. Voted -------- That the Treasures of the Town,be authorized & directed to receive of Israel Whitney a Good & sufficient deed of his farm& to give the said Whitney in payment therefor, in behalf of the Town a Note of hand for Thirty eight hundred dollars payable the I'day of April next with Interest. C( Voted--------- That the Overseers of the poor be Authorized as soon as convenient to build a new Barn, make such repairs and Additions to the buildings on said Farm, & procure such Furniture, Farming Utensils, Stock& other articles as may be in their discretion necessary for the accommodation, management& support of he poor; and to draw on the Treasurer for money to defray the expenses of the same" John G. Hales' "Plan of Watertown from a Survey made in June 1830,"shows the "Town Alms House"south of Orchard Street where the DPW is now. The 1889 Atlas of Middlesex County, kfassachusetts indicates the "Alms House" in the same location on the sheet titled"Part of Watertown"(which includes Watertown Square and the Nathaniel Whiting estate as yet uncut except for the square plot containing the Stand Pipe). The 1888-1889 Town Report (pages 18-21), however, describes the completion of the new almshouse "on the northerly side of Orchard street" (the northerly plot bought from Whitney)where the Lowell School is now. Water Tower Middlesex Probate, Cambridge 1679:528 12 September 1884 Arthur N. Whiting of Boston and Franklin Fuller of Newton, surviving trustees of Nathaniel Whiting, sell to the Watertown Water Supply Company a 100 foot square parcel to the Watertown Water Supply Corporation. Middlesex Probate, Cambridge 1693:345 & 353 2 February 1885 An indenture of mortgage for the Watertown Water Supply Company"to furnish the inhabitants of Watertown with water for the extinguishment of fire and for domestic and other purposes..." Report of the Park Commissioners in the Watertown Torun Reports, 1899-1900,page 60: "By the courtesy of the Board of Water Commissioners, the lot containing the Water Tower has been turned over to the custody of the Park Commission, this plot contains many desirable trees and will afford quite an addition to the Park area,-The Water Tower,while not used at present, will be retained for emergency use of the Water Board." 6 r f -- r`Errjl:o 01 0 T.'n V. S •` t9 ra,e.� (�' /Q ..b� 9897 `- o `500 9G?Ip7 S 31020G + . _ ^`5 V: SfLL GU ' O? li'i0 _„y pas HAA ILI 00 1110 ,�,�` 'I -.'.r Cs , � ... �,l .n.t L3.' .. •Sr���_�a;�---�i':= 3. CHURCH 0 1 r er o . ' 8-9 `• (# $E'a 2_ aT A4 y�` '/6,907 rrro � .. 91 S y 7 7JO4 'I `920oyi ,r: ")"e'3'" rr♦ � �. :ti,t• „ 33 ., n.n,,.: r �� so�o r 2 •i; ••' r� gjdl- Q 3 n 7l ST SO 78 97,0 70,39 ? ' B20S "�� e S� Z- 7(d0 Yg®G •�: ri`JJ`s _ �/ u ii0 � 7 QBOQ �4� r. _. >.. 70 7 7r� ' + G/ , �: 74,5'4 1048 wv 8 y 69 80 p SIr,+ �: 7657 � t- 86 0 alp-7 of. 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O zX w° z a m v z N T 4 W a ' W z Y , > 3 53.G aye Ag y� l }aI GHk�kR 4pgD 1V PGU� {j 5 ��, � P pLV1RP�E SPR Z Lp (P 25G7-480 .A MIDDLESEX REGISTRY OF DEE0410. 0111T. CAMBRIDA YAM COPY OF PM B«nda MAY 23,IDO2 o 4 n55 m R m in WnB G W^ 18 a f+"'I 4 rn\�)�:�';i4.`q''• �` �: tom{ td'�' i 0 SAL°°lzY��J.':Jrt "'�.,� T� n Q .n�� 1 .• L \ "�, �' sty CJ (�, tA:t t. �i .wa • 7 '-„L '\�$.,,', z� .7„ ""'.:=- t,tif f'/12�?'T^i .wry �'" c- �,= ! L:��insn� •,._ ."f:Ysi 4 'F+ u Qji[ SIT' A £5 L 's1 iii I ti \ .J���. " 44 y;AY � L3��t' Aso s:.;; •� _ •�-'':is__'e-��_. :¢j� ��l` � 1f r,. ••i',x r� ,` (� x � ti,rhi'i�,'�Y '�� Sin, ur�, ^ >l'+J ..fit ((''y- uk 3'���'_ C.^� { £., l•:.U� •�}Y� <�f k J .c� ;a _..- -�`�J �W, ,xTs� ur' ^n,..('//)a •x7�W/46\ 1-1��411 iSF� tS i.qj! t -'MPr' �,j/ .- c t �r J ; , r r :P x� Lt.�I KX I PC 1. -cj i -tv o; 0,4, 7 Alms House/Town Farm Watertown Records comprising the Eighth Book of Town Proceedings 1810 through 1829. published by the Town, 1939: pages 515-518. 7 March 1825: Warrant for Town Meeting, Levi Thaxter,Moderator: Article 10 Nathaniel Bright John Clark voted as Overseers ofthe Poor Thomas Learned "Also voted that the Overseers of the Poor be directed to buy a Farm within the limits of Watertown, such a place as they shall think most for the interest of said Town, on which to place their poor, and that they are hereby authorized & empower'd to borrow on the credit of the Town such sum or sums of money as shall be necessary to defray . expenses arising from the same." Middlesex Probate, Cambridge: 260:42-43 31 March 1825 Israel Whitney, yeoman of Watertown, Middlesex County, Massachusetts sells for $3,800. to the Inhabitants of Watertown two parcels of land in Watertown (and his wife Sally Whitney grants her right of dower): 20 acres more or less with the land and buildings on it bound: northerly by the highway easterly by land of Nathaniel R. Whitney, Esq. south and east by land of Joseph S. Bailey south and west by land of Charles Whitney north and west by land of the heirs of Simon Whitney, deed. &Nathaniel R. Whitney, Esq. also another parcel in Watertown of about 12 acres more or less bound: southerly by said highway easterly by land of Nathaniel Whitney, Esq. northerly by land of Nathaniel Bright westerly by land of Abijah White Town Records, continued, pages 527-528 8 April 1825 "Article 3`d Voted that the Town approve of the doings of the Overseers of the poor in contracting with Israel Wlutney for the purchase of his Farm for the sum of Thirty Eight hundred dollars. Voted --------That the Treasures of the Town be authorized & directed to receive of Israel Whitney a Good & sufficient deed of his farm& to give the said Whitney in payment therefor, in behalf of the Town a Note of hand for Thirty eight hundred dollars payable the V day of April next with Interest. Voted----------- That the Overseers of the poor be Authorized as soon as convenient to build a new Barn, make such repairs and Additions to the buildings on said Farm, & procure such Furniture,Farming Utensils, Stock& other articles as may be in their discretion necessary for the accommodation, management & support of lie poor; and to draw on the Treasurer for money to defray the expenses of the same" John G. Hales' "Plan of Watertown from a Survey made in June 1830," shows the "Town Akins House" south of Orchard Street where the DPW is now. The 1889 Atlas ofMicldlesex County,Massachusetts indicates the"Alms House" in the same location on the sheet titled"Part of Watertown" (which includes Watertown Square and the Nathaniel Whiting estate as yet uncut except for the square plot containing the Stand Pipe). The 1888-1889 Town Report (pages 18-21), however, describes the completion of the new almshouse"on the northerly side of Orchard street" (the northerly plot bought from Whitney) where the Lowell School is now. Water Tower Middlesex Probate, Cambridge 1679:528 12 September 1884 Arthur N. Whiting of Boston and Franklin Fuller of Newton, surviving trustees of Nathaniel Whiting, sell to the Watertown Water Supply Company a 100 foot square parcel to the Watertown Water Supply Corporation. Middlesex Probate, Cambridge 1693:345 & 353 2 February 1885 An indenture of mortgage for the Watertown Water Supply Company"to furnish the inhabitants of Watertown with water for the extinguishment of fire and for domestic and other purposes..." Report of the Park Commissioners in the Watertown Town Reports, 1899-1900, page 60: "By the courtesy of the Board of Water Conunissioners, the lot containing the Water Tower has been turned over to the custody of the Park Convnission, this plot contains many desirable trees and will afford quite an addition to the Park area:The Water Tower, while not used at present, will be retained for emergency use of fire Water Board." W.A t� f'cwk) .iAA-15s- WATHIiTOWS BIBOS. , The bird lover who ronblee thlough the I I One lovely day lest-December I was im- nmmlt of bird voices. A flock of more thou groves and meadows of Watertown, still be- pelted to ramble through the woods nil the, u ue +hundred robins (Melidn Migratoria) I aide its delightful hedgerows is rarely un- hill to learn what might be the nt•ws in bit d- were_them, living about in great excite- . accompanied by bird cmnpanf h one, whatever I dom. As I began to climb I heard a crow f meat,uttering their petulant calls, varied the aesson, caw,in the distance,and a jay screamed from occasionally by the melodious whistle which My own observations have been chiefiy the opposite direction. Two gray squirrels I is so inspiring when heard in the spring- confined to Whiting Park,the meadows and whisked around a tree to look at me. They I time. A nuthatch was listening in apparent fields to the east ofit,and the oak and beech 1 were so plump that I wandered at their nim- I amazement to this unusual chorus, while a covered bill to the north, (Whitney Hill bleness. 'Phis x'oa a beechnut rear and they brown creeper peeped curiously second a -Park) but I have made many charming so-I had evidendy been(resting. I strolled about hickory branch. i quaintences among the feathered Mile,and I; leisurely,visiting the old oak where I had( Eno Hlen-Sorts. should be glad indeed if these articles should watched a pair of flickers build their nest i be the means of introducing them to other i last spring,alert for bird sounds,but there i .-. nature students. was a great silence, broken only by the ve. t Air.John Burroughs says, "The thrill of; onsfonal fluttering of a withemd leaf or the WINTER, BIRD VISITORS. delight that accompanies the study of orni- ; sputtering of a squirrel. When half we,, np 1 tbology and the feeling of fresh,eager in- I 'the hill I heard a faint••squeak" which node I The Transcript has recently mentioned several places around Boston where large quiry that follows,can hard) be awakened 1 flocks of robins had been reported since Jan, y i my pulses quicken. For several minutes nip• by any other pursuit. Take the first step in eyes vainly searched the tree trunks in the let. Watertown was visited by a large core. ornithology,procure one nex• specimen,and. ;vicinity of the sound; then suddenly I saw you are ticketed for the whole voyage." the tilde creature—a brown creeper, spiral- pony of robins,evidently a hundred or more, and frequently a few are seen, awakening'' Comparatively few birds atay-with us all i ing up the tree. As he flew to another tree much interest in their appearance at this sea. winter,but perhaps those who are brave t he was joined by a companion. (]Yes it his t food Consulting the bird books, we do not enough t t struggle against the cold and snowcads i mate?) J:welched them foursome time as they pod them recorded among the "permanent are all the dearer to us. The chicadees j Bea'from tree to tree until I had reached the residents,"as they term all the species which (Perna Atricapilluf) are permanent real- top of the hill. Whet wonderfully slender dents,and who does not love their cheery, bills they have,resembling the curved needle throughout the year have some represents- blithe little notes? The are most resource- of a e shoemaker,and how rapidly they work• lives here, even if the birds here in winter ar not the same individuals that were our ful birds, and they have need to be,for they While watching them with keen interest, a, residents in Bummer. Chapman classes the ere often in serious straits because of a scar- white-breasted nuthatch flew into the same p robin, in our vicinity, as a very e _ city of food in winter. I have seen them tree,holding s nut in its beak. I was de-. summer reeid=nt, March—November, an end d a a creek seeds to cleverly As a finch. lighted to ace him for he is a favorite of common,but irregular winter visitant. The flickers (Colaptee Aerates) often re- mine,and I eat down on a bench to take my We should be Interested to know how main,and the crows (Conroe Ameriennus) observation,more comfortably. What a con- - many speciesof birds are spending the win- are always with tie. A flock of these moat, trotter the nuthatch and the creeper presented_ ter in Watertown. We heard of grouse n i intelligent birds has for years made daily i 4a their methods of work. Theformer walks i few days ago, and of seven quails or bob- pilgrimages from some place in the east to up the tree trunk, then turns Around and I whites, within hell s mile of the own square. the oak,of Whitney Hill Park. I have never walks down a ain head Bret,while the latter, 6 - Since song sparrow row have flown ted within hatch sight yet been able to go ter enough in nip wan-I after ascending in a spiral manner Hies down: and a song eperrow have Sown within sigh[ daring,to discover their roosts. to the bottom and climbs up again. I do not 1 of the windows of the Enterprise printing I One winter a Hack of American crossbills sty why he should do, that, for be can stand E i (Loxia Curvirostra Diinor) spent two or on his head as well u the nuthatch. He S English also blue jays,Doubtless etid he course, the"weeks in the evergreens of the Cam- robe,for insects,ete, on the under side of be,.be sparrows. Doubtless other birds I men street cemetery. A visit from those- -- p have been w near tie unobserved. Certainly n horizontal branch as cosily u on the upper the downy woodpecker Las been noticed far- birds of the north is always welcomed with! side, while my eyes were riveted on these ther down town. Chickadee, come into the f enthusiasm by the bird lover, little birds I heard a loud drumming directly Brown creepers(Certhia Femfliaris Ameri• over my head, guessing at once who village, end finding his a brown creeper n J .. . g g e the with the son way up the trees. Ihavn 'cone,) white•breea[ed nuthatches, � (Silts � drummer sons, I looked up and new I(tde Carolinenua) downy woodpeckers (Drys- downy pounding away with all his might. the Heads with the fore,sparrowows there old- bates Pubescena) and elate-colored juncos In a moment be,too,flew into the tree where been large some jolters, tree while o and gold- (Junco Hyemalis) are hero all winter,and the nuthatch and creeper were, and for see- finches,and some juncos,while now and then the blue jays with their brilliant blue plum- oral minutes I watched the trio dining hap- A Bicker comes in eight, end a hawk flies age add the necessary touch of life to the Puy together at the aemernstlo ta overhead. ble. A. L. Srocawst.t. landscape on one of our golden wintermorn- Loving them it their banquet'I went out ings, when the world Is all blue at."ve and i intoue open Held beyond the woods to en• _ white honmth. joy the charming dew of the blue hills of Plucks of goldtinchcs I Spasms '1 rian.s.y no 1 Wavnrley,And then returned home,follow- longer,hoxetcr,in their gorgeous drew of; ing a diff"t path to the foot of the hill. gold and jet, but clad in quaker brown• just $I W" emerging from the woods a sometimes runic into the Oliver-• fields back pair of elate-oclored juncos Sew In. The of my house to glean a .�tenty nice],but it flash of their steel and silver-pli mage,'and - - - - brings gladness to the observer to hear their! (b'b jlugling sound of their mien madb me sweet twitter and watch their gnu•eful, dip' feel that they- .w ..the "Willits In armor ping flight. Song fpmrows (Melospira' dad"of the bird folk. Fasefata)and tree sparrows (Spizella Mon On a sort, cloudy day in Jahuwy I again ticola) have been observed this winter just- vblttd the hill, and was greeted by a perfect beyond Whiting Park. Principle Sources Middlesex Probate Court, Cambridge,Massachusetts,wills, deeds, and: "Plan of Lots at Whiting Park,Watertown,Mass." (1890),95:41. "Town of Watertown,Park Department, Whitney Hill Park." (1902), 136:19. "Town of Watertown,Park Department,Plan of Town Field." (1911), 199:45. Watertown Free Public Library map collection: "Plan of Land in Watertown Owned by Heirs of Mr. Abijah White." 1852, Atlas of Middlesex County,Massachusetts. 1889. Atlas of the Towns of Watertown, Belmont, Arlington&Lexington,Mass. 1898. Atlas of Middlesex County, 1900. Books Crossroads on the Charles:A Histwy of Watertown, Massachusetts. Maude deLeigh Hodges, edited by Sigrid R.Reddy,Watertown Free Public Library and Phoenix Publishing, 1980. Great Little Watertown:A Tercentenaty History, G. Frederick Robinson and Ruth Robinson Wheeler,Watertown Historical Society, 1930. Historical Sketches of Watertown,Massachusetts. Solon F. Whitney, part of The History of Middlesex County,Massachusetts, J. W. Lewis& Co., 1890. Town Reports of Watertown,Massachusetts for the years 1888-1889, 1894-1895, 1895- 1896, 1997-1899, 1898-1899, 1899-1900, 1901-1902. Watertown Records comprising the Eighth Book of Town Proceedings 1810 through 1829. published by the Town, 1939. Newspapers Watertown Enterprise 28 June 1895,"Town Meeting." 24 January 1902, "Watertown Birds,"Etta Rich-Soule. 24 January 1902, "Winter Bird Visitors,"A. L. Stockwell. Manuscripts Town Records,volume 14, Clerk's Office,Watertown Hall. Typescripts A Watertown Farnr in Eight Generations:A Memorial of the Whitney Fancily. William H. Whitney,published by the author,The New England Historic and Genealogical Society and the Watertown Historical Society, 1898. Foods addendum I compiled this report in 2001 and add a few additional remarks in March 2008. Recent dendrochronology studies of the Edmund Fowle House—wood bore samples taken from beams to compare and date growth patterns— commissioned by the Historical Society of Watertown and performed by Oxford Dendrochronology Labs in Oxford, UK, has shown that the timbers of the Edmund Fowle House is made of red oaks felled in the winter of 1771-1772. The source of these oaks is likely to have been Fowle's own wood-lot up-lull behind his house. This would make the present Whitney Hill Park the source of Watertown's second-oldest surviving house. ["The Tree Ring Dating of the Edmund Fowle House" in Massachusetts Preservation Projects Fund, the Edmund Fowle House Restoration Predevelopment Study Report,Massachusetts Historical Commission, 2008 j The anecdote of Nathaniel Whiting's refusal to sell the Woods to Caleb Cushing has also been attributed to Abijah White which makes better chronological sense. In either case the woodland referred to was the same. The difference is that White's part of the grove has not survived at all. The town named Woods Whitney Hill Park in 1897 when it named several public areas for the town's founders: Main Street Park became Saltonstall Park and the Bacon Lot became How Park while the delta at Lexington and Belmont Streets became Knowles Delta and the delta at Spring and Common Streets became Storer Delta. Storer Delta originally contained a grove of pines. Once Marion Road was cut through the Whiting Park development to Common Street this left the grove in a small triangle that was nevertheless considered a cool retreat for the neighborhood. A century later the trees were gone,paved paths and trodden dirt tracks crossed a barely grassed area reduced to little more than a traffic circle. Natural amenities need protection. [Town Report 1897-1898, p. 94, 96] The western section of the Woods was part of the Town Farm— i.e.the Poor Farm. This plot originally included all of the present Victory Field, the present DPW, the Lowell School and its playgrounds. The first Almshouse stood south of Orchard Street where the DPW is now with various barns, a piggery, and other farm buildings. In time the town built a new almshouse north of Orchard Street, and demolished the old. As the fields and pastures were no longer used to make the place self-supporting, the town's stone crusher and other new municipal equipment was given a place at the Town Farfn, and the field to the east was turned into'a rubbish dump. The town rented land to the north that abutted the Lovell Farm for agricultural purposes and when the second Lowell School relocated to the edge of the Farm, considered selling this northern section for private house lots. In searching grantor and grantee indexes for 1891 to 1950,the only actual deeds for any of these uses that I could find were the deeds for Whitney M11 Park and the deed transferring the Town Field (the section of Victory Field west of Marion road)to the Park department. All other uses of the agricultural land seem to have been decided at Town Meetings but not specifically deeded. [Town Report 1927, p. 279: June Town Meeting transferred dump to park dept, Article 14 Town meeting] Searched: Grantor Index 1891-1895 vol 32 Grantor Index 1896-1950 vols W7 &W8 Grantee index1891-1895 vol 25 Grantee Index 1896-1905 vol 44 While only the deed to the eastern part of the Woods specifies its use"for park purposes only," there appear to be no deeds (in the time-span noted above)transferring the remains of the Town Farrar to the DPW or to any other specific town department. �ca2 If benign neglect can not be trusted to guard the Woods against misuse forever, neither may good intentions alone be enough to preserve it. Making the place more attractive for the enjoyment of the natural world may also attract individuals more intent on vandalism.Recent years have seen more dog walkers than beer parties, more people intent on walking than on setting fires. In the past, some, individuals(usually boys)have attempted, and sometimes succeeded, in killing the wildlife with stones,B-B guns, and on one occasion, an elaborate hunting bow. At other times vandals have deliberately set fires— in the middle of the day or the middle of the night.Even when groups of loitering teen-agers are intent only on talking,they may also break branches and thrash saplings back and forth until they crack, while flicking hot ash and the butt-ends of whatever they're smoking into the dry leaves. As the Woods will not have a 24-hour park ranger on duty, it will have only the vigilance of whatever walkers and abutters who happen to be present to see damage being done. Marilynne K. Roach TOWN OF 'WATERTOWN 1630 Office of the Town Manager Q Administration Building 149 Main Street _ Watertown,MA 02472 Phone: 617.972-6465 Fax: 617-972-6404 wwwwatertown-ma.gov Michael J. Driscoll townmgr@watertovm-ma.gov Town Manager To: Honorable Town Council From: Michael J. Driscoll,Town Manager Date: July 25,2008 RE: Whitney Hill As a follow-up to a request from the Honorable Town Council,attached please find correspondence from Jeanne S.McKnight, Esquire,Kopelman &Paige regarding Whitney Hill. cc: Conservation Commission Gerald S. Mee Jr., Superintendent of Public Works Christopher J. Hayward, Consei'vation/Preservation Agent AND II�oPEUV1A` N AND PAIGE 1o1 Arch Street 1=4 Boston,MA 02110 The Leader in Municipal Law E 61Z556.0007 R 617.654.1736 www.k•plaw.com July 21,2008 Jeanne S.McKnight jmckuight@k-plaw.com Mr.Michael J.Driscoll Town Manager Watertown Administration Building 149 Main Street Watertown,MA 02472 Ile: Whitnev Hill Land Transfer for Conservation Dear Mr.Driscoll: You have requested an opinion as to the process to transfer a parcel of land owned by the Town of Watertown known as Whitney Hill,containing approximately ten acres,to the Conservation Commission for conservation, open space and passive recreational purposes. I provided an opinion letter to the Town's then Conservation Agent regarding the dedication or transfer of the Whitney Hill land for conservation purposes,dated May 5,2004, a copy of which is enclosed. In that letter I advised that the process to be followed would depend on the purpose for which Whitney Hill was originally acquired by the Town. I was subsequently informed by the Conservation Agent by letter dated May 10,2004,that Whitney Hill was apparently acquired by the Town for park purposes. In his letter,the Conservation Agent provided excerpts of warrant articles and.votes from the June 1895 Town Meeting,plus a copy of the 1895-1896 report of the Park Commissioners and a portion of the 1896-1897 report of the Park Commissioners,indicating that"Whitney Hill Park"was acquired for park purposes. Thus, in my opinion,the transfer of the Whitney Hill land to the Conservation Commission requires the following process,to be undertaken at your discretion following appropriate discussion with the Town Council and other applicable Town officials,including discussion of the various uses currently being made of this property as discussed in the latter part of this letter: 1. you as Town Manager,having custody of land held for park purposes since the Park Commission was disestablished under the Town's Charter,would determine that the land is no longer needed for park purposes; 2. the Town Council would vote(by a 2/3 vote)to transfer the land from the Town Manager for park purposes to the Conservation Commission for conservation and passive recreation purposes, and would authorize the Town Manager to seek legislative approval for such transfer under Article 97 and under G.L. 0.45,§7;and 3. with the assistance of the local state representative or state senator,you would file a petition, and the transfer would become effective once the legislative approval is -- — obtained. — —"-- -- Boston Worcester Northampton Lenox KOPE'LMAN AND PAIGE,P.C. Mr. Michael J. Driscoll Town Manager July 21,2008 Page 2 Enclosed are a draft Town Council resolution and a draft Town Manager determination that land is surplus, for the purpose of effecting the transfer. In order to finalize the drafting of the resolution, a plan of the Whitney Hill parcel to be transferred will be needed. The plans in my possession do not provide a good enough description of the land to be transferred. Weban have a title examiner search the relevant time frame(1895-1897)for a deed to the Town, or the Town could lure a surveyor to prepare a plan, who will likely also look for a deed to provide a description to work from. Based on the Hanson v. Lindsav case decided by the Massachusetts SJC in 2005 (after my 2004 opinion where I said no document or plan needs to be recorded to reflect the transfer)we now recommend that a certificate of the Council's vote be recorded, so that the recorded land records reflect the purpose for which the land is held, after the transfer is approved by the legislature. For this purpose, a plan will be needed,which need not be a large"Mylar"plan, but could be an 8 '/2"x 11"sketch plan. The Censer vation Agent sent me two plans in 2004. One is an 8 %2"x I I"plan that looks like it may be a copy of an assessors plan 21/E, showing two lots, one labeled"Town of Watertown Park Department Plan of Whitney Hill Park Jan, 1902" and the other,being a square approximately 100 feet on each side, adjacent to the park land and seemingly cut out of it, labeled"Town of Watertown"showing a,water tank centered upon it. It is my understanding that the water tank is no longer used for water supply purposes. In the draft Resolution,I refer to this 8 '/"x I I"plan. Another larger plan prepared by John Wacker&Associates, Inc., dated 7/20/77,also shows the water tank parcel as"Water Town Water Supply Co.,"and marks a portion of the Whitney Hill parcel behind the Department of Public Works facility as if it were to be devoted to Public Works use. If it is intended that the water tank parcels and the parcel behind the DPW yards are not to be transferred to the Conservation Commission or are to be transferred for DPW purposes,the final Resolution should reflect this. I have enclosed copies of these plans for your reference. Let me know if you want me to engage a title examiner to look for the 1895,18 97 deed,or to engage in further investigation as to the acquisition of the water tank parcel and the DPW parcel. Very trul yours, Jeann . McKnight JSM/smin Enc. 351210RVATR/9999 Resolution ? R-0 - Resolution Transferring Whitney Hill Land to the Conservation Connnission for Conservation, Open Space and Passive Recreation Purposes RESOLVED: WHEREAS,the Conservation Commission seeks to have transferred to it for conservation,open space and passive recreation purposes under G.L. c.40, §8C,the land known as"Whitney Hill," consisting of 429,600 Sq. Ft., more or less, outlined and highlighted on a sketch plan entitled "Whitney Hill Park, Watertown,Mass.,Plan of Existing Conditions," dated July 20, 1977 and prepared by John Wacker&Assoc.,Inc.,with changes made by the Watertown Conservation Agent on March 5,2004 to update said plan, a copy of which plan is on file with the Town Clerk;and WHEREAS,the Town Manager has determined pursuant to 01, 0,40, §15A that a portion of a parcel of land known as "Whitney Hill"that was acquired for park purposes and/or water supply purposes is no longer needed for such purposes; BE IT RESOLVED: That the Town Council of the City known as the Town of Watertown hereby transfers from the Town Manager for park purposes and/or water supply purposes to the Conservation Commission for conservation, open space and passive recreation purposes the following land,and authorizes the Town Manager to seek legislative approval under Article 97 of the Amendments to the Massachusetts Constitution to permit such transfer and change of purpose with respect to said land: the parcel of land shown on Assessors Map 21/E as"Town of Watertown Park Department Plan of Whitney Hill Park Scale 40 feet to an inch San. 1902,"including the land shown on said Map as"Town of Watertown"with a water tank depicted thereon, a . copy of which is attached to this Resolution as Exhibit A; and WHEREAS,the Town Manager has determined pursuant to G.L. c.40, §15A that a second portion of a parcel of land known as"Whitney Hill"that was acquired for purposes is no longer needed for purposes; BE IT RESOLVED: That the Town Council of the City known as the Town of Watertown 'hereby transfers fiom the Town Manager for purposes to the Conservation Commission for conservation, open space and passive recreation purposes the following laud [and authorizes the Town Manager to seek legislative approval under Article 97 of the Amendments to the Massachusetts Constitution to permit such transfer and change of purpose with respect to said land: the parcel of land shown on[name of plan] as"[notation on plan],"a copy of which is __attached to-this Resolution as Exhibit B WHEREAS,the Town Manager has determined pursuant to G.L. c.40, §15A that a thud portion of a parcel of land known as "Whitney Hill"that was acquired for purposes is no longer needed for such purposes; BE IT RESOLVED: That the Town Council of the City known as the Town of Watertown hereby transfers fiom the Town Manager for purposes to the Town Manager for public works purposes the following land [and authorizes the Town Manager to seek legislative approval under Article 97 of the Amendments to the Massachusetts Constitution to permit such transfer and change of purpose with respect to said land: the parcel of land shown on [name of plan]as "[notation on plan]," a copy of which is attached to this Resolution as Exhibit B; Council Member I hereby certify at a regular meeting of the Town Council for which a quorum was present,the above resolution was'adopted by a vote of_for,_against and present on Clerk of the Council Clyde L. Younger, Council President APPROVED: Michael J. Driscoll, Town Manager Date: 350436AVATR/0001 2 DETERMINATIONS BY THE TOWN MANAGER THAT LAND IS SURPLUS 1: I hereby determine pursuant to G.L. c.40, §15A that the parcel of land shown on Assess ots Map 21IE as "Town of Watertown Park Department Plan of Whitney Hill Park Scale 40 feet to an inch Jan. 1902,"including the land shown on said Map as"Town of Watertown" with a Water tank depicted thereon,is no longer needed for park purposes or water supply pmpos eA such determination to become effective upon legislative approval by the Town Council of the trmsfer of such parcel to the Conservation Commission to Ue held under General Laws Chapt0jr 40, Section 8C for conservation,open space and passive recreation purposes, and upon legislative approval of the transfer and new purpose by the Massachusetts General Court under Article 97 of the Amendments to the Massachusetts Constitution, and intend that a notice of this determination be filed with the records of the Town Council. 2: I hereby determine pursuant to G.L. c.40, §15A that the parcel of land shown on[name of plan] as "[notation on plan] is no longer needed for purposes, such determination to become effective upon legislative approval by the Town Council of the transfer of such parcel to the Conservation Commission to be held under General Laws Chapter 4.0, Section 8C for conservation, open space and passive recreation purposes [and upon legislative approval of the transfer and new purpose by the Massachusetts General Court under Article 97 of the Amendments to the Massachusetts Constitution], and intend that a notice of this determination be filed with the records of the Town Council. 3; f hereby determine pursuant to G.L. c.40, §15A that the parcel of land shown on [name of plan]as "[notation on plan]is no longer needed for purposes,such determination to become effective upon Iegislative approval by the Town Council of the transfer of such parcel to the Town Manager to be held for public works purposes [and upon legislative approval of the transfer and new purpose by the Massachusetts General Court under Article 97 of the Amendments to the Massachusetts Constitution],and intend that a notice of this determination be filed with the records of the Town Council. It is my intention by these determinations to permit the parcel of land known as "Whitney Hill," consisting of 429,600 Sq.Ft.,more or less, and shown on a plan of land entitled"Whitney Hill Park,Watertown,Mass.,Plan of Existing Conditions,"dated July 20, 1977 and prepared by John Wacker &Assoc.,Inc., with changes made by the Watertown Conservation Agent on March 5, 2004 to update said plan, a copy of which plan is on file with the Town Clerk,to be transferred to the Conservation Commission for conservation,open space and passive recreation purposes. Michael S. Driscoll, Town Manager Date: 350369nVATR/M TOWN OF WATERTOWN 1630 Department of Community Development and Planning -t CONSERVATION COMMISSION }` Administration Building 149 Main StreetCD Watertown, MA 02472 0 Christopher J.Hayward, MCA Phone: 617-972.6426 A m Conservation Agent Fax: 617.972.6484 Z -� chayward@watertowu-nia.gov www.watertown-ma.gov, z:� 3 — �rn To: Michael Driscoll, Town Manager N n From: Christopher J.Hayward, Conservation Agent ! � Nx W n G cn Subject: Property-Line Siuvey for Whitney Hill 1 Date: October 8, 2009 This memo is to request on behalf of the Conservation Commission(CC), that a property- line survey be conducted for Whitney Hill. Presently, the CC has fled with you and the Town Council an official request that Whitney Hill be preserved as conservation land under its care and custody. As part of this effort, the CC has researched without success a property-line survey of Whitney Hill. The CC feels that a current property-line survey needs to be completed to properly define the boundary of this valuable asset. Due to current state of the economy and town budgets being stressed,the CC has voted to pay for the property line survey using Conservation funds. In addition, once conducted, this document would serve not only as an important tool in the preservation of open space but also a vital document in the Town's library of its properties. Please contact me with any questions or concerns regarding this matter. CC: Marylouise Pallotta McDermott, Chairman Steve Magoon,Director of Community Development and Planning Gerald Mee, DPW Superintendent Driscoll, Michael From: Magoon, Steven Sent: Thursday, February 18, 2010 10:54 AM To: Driscoll, Michael; Mee, Gerald Cc: 'Mark R. Reich'; Tamber, Sue; Haley, Mary; Hand, JoAnna; Osmond, Marsha Subject: RE: PROPERTY-LINE SURVEY FOR WHITNEY HILL As you know the Conservation Commission is interested in placing conservation restrictions on the open space of Whitney Hill to ensure its preservation into the future. The property needs to be surveyed in order to even consider that step, and performing a survey would provide a clear property boundary for all abutters. The Commission needs your permission in order to proceed. The Commission has the funds to pay for it, and even if we don't impose the restrictions, it seems that having the property surveyed will only benefit the Town, so I would support the request. Let me know if you have any other questions. Thanks -----Original Message----- From: Driscoll, Michael Sent: Wednesday, February 17, 2010 7:52 PM To: Mee, Gerald; Magoon, Steven Cc: Mark R. Reich; Tamber, Sue; Haley, Mary; Hand, JoAnna; Osmond, Marsha Subject: PROPERTY -LINE SURVEY FOR WHITNEY HILL Gentlemen; please kindly advise. Thanks. i Driscoll, Michael From: Magoon, Steven Sent: Thursday,.February 18, 2010 3:27 PM To: Driscoll, Michael Cc: Mee, Gerald; Hayward, Christopher J. Subject: Whitney Hill I spoke with Gerry today, and he indicated support for performing the survey. He did indicate a desire to have the old water tower parcel separated when the survey is done, He indicated that there was a water tower on the hilltop atone time accessed via Palfrey Street and there is a separate parcel associated with it. We obviously will also need to coordinate with DPW when a surveyor is brought on. Let me know if there are any further information you need or if it is okay to proceed. Thanks Steve Magoon,Director Community Development and Planning Town of Watertown 149 Main Street Watertown,MA 02472 (617)972-64,17 (617) 972-6,184 fax (617) 987-1136 cell setae oonna.tvatertown-ma.p,ov Driscoll, Michael From: Magoon, Steven Sent: Friday, February 19, 201011:05 AM To: Driscoll, Michael Cc: Mee, Gerald; Hayward, Christopher J. Subject: Whitney Hill As a follow up to our conversation regarding the request from the Conservation Commission regarding Whitney Hill,we will now move forward with the first step of having the property surveyed. The property needs to be surveyed in order to even consider any conservation restrictions and performing a survey would provide a clear property boundary for all abutters. The Commission has the funds to pay for it, and even if we don't impose the restrictions, it seems that having the property surveyed will only benefit the Town. I have also discussed the issue with Superintendent Mee,and he also supports the request, and wanted to be sure that the water tower parcel be shown as the survey is conducted. I will keep you informed as to our progress. Thanks Steve Magoon,Director Community Development and Planning Town of Watertown 149 Main Sheet Watertown,MA 02472 (617) 972-6417 (617)972-6484 fax (617)987-1186 cell smaeoon tni watertown-ma.eov 1 TOWN OF 1630 WATERTOWN (� Office of the Town Manager �ss Administration Building 149 Main Street 3 Vlitertown,MA02472 Phonet617.972-6465 Michael j.Driscoll Fax;617-972-6404 Town Manager• wvmwatertown-ma.gov to t or@vatertowm-ma.gy To: Honorable Town Council etul From: Michael J. Driscoll, Town Manager ' Date: May 28, 2010 RE: Miscellaneous Items Aciendas/Minutes/Departmental Postings As a follow up to one of the items at the August 1, 2006 Town Council Work Session,. attached please find Agend6s/Mlnutos/Departmental Postings from various Departments, Boards, Commissions and Agencies received this week. Town Council Reauest for Information ➢ Whltnev Hill As a follow up to a request for information, attached please find an update email from Steve Magoon, Director of Community Development & Planning regarding the subject. COPS Hirina Proaram (CHP) Grant Aunlication Attached please find an email from Bernard K. Meleklan, Director for Grants Administration, COPS Office regarding the subject. As further developments occur, I will keep you advised. Boards. Commissions & Committees Attached please find a reappointment letter for Melissa Santucci as a member of the Zoning Board of Appeals. Quinn Bill Attached please find an email from Kopelman & Paige, P.C. regarding the subject. Hand, JoAnna From: Driscoll, Michael Sent: Thursday,May 27, 2010 12:00 PM To: Hand,JoAnna;Ostnond,Marsha Cc: Magoon, Steven; Hayward, Christopher J.; Mee, Gerald;Tamber,Sue; Marshall, Phyllis; Tracy,Thomas;Parsons,Raeleen Subject: FW:Whitney Hill Update Please Include in the next Misc Items to Council as a follow up to Council's request at the May 241"Council meeting, Thanks. From: Magoon,Steven Sent:Thursday, May 27, 2010 11:38 AM To: Driscoll, Michael Cc: Mee,Gerald;Tamber,Sue; Hayward, Christopher 3, Subject:Whitney Hill Update In response to the Councilor request for information regarding Whitney Hill. Chris Hayward has solicited bids to perform the survey work for the property. He solicited three firms,and the lowest bid,which Is responsive and can do the work, was from Everett Brooks of West Newton,at$5,430. Chris will present this information to the Conservation Commission. at their meeting next Wednesday, As soon as the Conservation Commission provides the go ahead,we will have the survey completed. Let the know if there are any additional questions. Thanks Steve Magoon,Director Community Development and Planting l Ow1l 0£Watertown 119.Main Street Watertown,MA 02442 (617)972-64.17 (617)972-6484,fax (617) 087-1136 cell smn Eroou(t�tvate t•towu-m a.>ro� 1 Hand, JoAnna From: Driscoll, Michael Sent: Thursday, July 21, 2011 2:50 PM To:. Hand, JoAnna Subject: FW:Whitney Hill From: Magoon, Steven Sent: Friday,July 08, 201.1 11:09 AM To: Driscoll, Michael Cc: Hayward, Christopher J. Subject: Whitney Hill The Conservation Commission has requested that I coordinate scheduling with the Council their presentation of Whitney Hill conservation designation. As you know,they have completed a survey of the property and want to present the findings to the Council and pursue next steps. Let me know how we should proceed. Thanks Steve-Magoon,Director .Community Development and Planning Town of Watertown 149 Main Street Watertown;MA 02472 (617)972-6417 ' '(617) 972-6484 fax (617) 987-1156 cell smaaoon tni.watertown-ma.eov LEONARD KOPELMAN KOPELMA'N AND PAIGE, P: C. THOMAS P,LANE.JR. DONALD G:PAIGE MARY L.GIORGIO ELIZABETH A.LANE ATTORNEYS AT LAW THOMAS W.MCENANEY JOYCE FRANK Cf'FICi':CF 1Ij!' Town tl,i`$Au`LH�' EORGEEX.PUCU JOHN\V,GIOROIO 31 ST. JAMES AVENUE ��.I.Cf l��t�UARBARA J.SAINTANORE LAUREN F.GOLDa GKO JOEL B.IIARD JASON R.TALERHAN 80STON.i40.58ACHUGETTS 021ie.4102 THERES L.TEHAN.JR. I1 �{ 7 RK(� JEFFREY A. AZ'ZO THERESA M. ELtA$DOWD Z004 RAY -I P 3' G J IIEGRSaG J E. .co RBO %"Q"AR H A.EIR4 IB161 )054-17 DAVID JD BOW EN FAX t617)Bsd•i7aB RICNARI T.HO LLAMS DAVIT J.C. C07LEI �_ LITH C.AORSO JUTITH C.CUTLER FITTSFIELO OFFICE AAY' ItIl1'��I i)r t.l�+.l„j�Yt;��;; ELIZELIHO R. BELLA DAVID G.JENKINBKATHLVEN a. NOLLY (613)44a-6100 f�Y,TER O1;ti,i. .�sp�t,7a)`. IM'AIC VICKI S.MARSH MARK R.REICH JOHN J.GOLDROSEN BRIAN W.RILEY NORTHAMPTON OFFICE GVURIN EVERETT DARREN R.KLEIN 1413)SSS-0632 BRIAN E.GLENNON.It JONATHAN M.SILVERSTEIN -- JONATHAN D.EICHMAN EDWARD M,REILLY WORCESTER OPFICO JOSEPH S.FAIR .IRECTOR 6ESTIIRN OFFlCE (EOEI 7E2 0203 LAURA H.PAWLS JACKIE COWIN WILLIAM HEWIG III SARAH N.TURNER JEANNE S.MCKtRGHT JEFFREY T,BLAKE KATHLEEN M.O'DONNELL CAROLYN 14.MURRAY PATRICIA A.CANTOR May 5,2004 R.ERIC SLAGLE BY FACSIMILE-(617) 972-6484 Mr.Bruce W.Roberts Conservation Agent Conservation Commission Watertown Administration Building 149 Main Street Watertown,MA 02472 Re. Whitnev Hill 2audDedicdtionorTransfdr for ConsetvafionPurooses' :: .. Dear Mr,Roberts: You have requested an opinion as to the process to be followed so that a parcel of land owned by the Town of Watertown known as Whitney Hill or Whitney Woods,containing approximately ten acres("Whitney Woods")will come to be held in the custody of the Conservation Commission for conservation, open space and passive recreational purposes. The process to be followed depends upon whether Whitney Woods is presently held for a particular municipal purpose or for general municipal purposes. You have indicated that you have not yet found the instrument by which the Town acquired its title to Whitney Woods. You believe, however,that Whitney Woods is not presently held for park,conservation,playground or other type of use that wouldplace Whitney Woods presently-within the protection of Article 97 of the' Amendments to the Massachusetts Constitution(if Whitney Woods were protected by Article 97, an act of the Massachusetts legislature would be required to transfer Whitney Woods to the Conservation Commission). •'. In my opinion,to transfer Whitney Woods to the custody of the Conservation- Commission,the Town Couneil must vote,pursuant to G.L. c.40, §15A,to transfer Whitney Woods froze the.custody;of the board or of centhat presently.has,custody of the land for the ptirposa for which iY is presently held,to the care, custody,inanagement and control of the Conservation Commission to be held*under G.L.c.40,§8C for conservation,-open space and passive recreation purposes. The board or officer that presently has custody of the land must PRINTED ON RECYCLED PAPER P KOPELMAN AND PAIGE, P.C. Mr. Bruce W.Roberts Conservation Agent May 5,2004 Page 2 determine(by majority vote if board)that Whitney Woods is no longer needed for the pin-pose for which it is presently held;this determination may be made before or after the Council vote and the transfer becomes effective upon the Council vote or the determination,whichever is later,in my opinion. A plan of the Whitney Woods parcel will be needed for the Council and the board or officer to refer to in their votes and/or determinations. The plan need not be in recordable form and the Council vote and board or officer's determination need not be recorded withthe Middlesex South District Registry of Deeds(the"Registry"). If the Conservation Commission wishes to record a certified copy of the Council vote, together with the board or officer's written determination,with the Registry,it will be necessary that a plan of the Whitney Woods parcel in recordable form be prepared, This can be either an 8 x 1 l inch paper platy that can be recorded as an attachment(provided the print is large enough to be readable)or a Iktylar plan,endorsed by the Planning Board, dividing off the Whitney Wood's parcel from the remainder of the laud to be retained for its current purpose,or to be transferred to a differentboard for anotherpurpose, If you have questions regarding this opinion,or require anything Further in connection with this matter,do not hesitate to contact me. Ve y lyyours, Je of S.McKnight JSM/cmt cc; Town Manager Director of Community Planning&Development =601AYATW9999 is3o Conservation Commission Town of Watertown Administration'Bullding )f F 1cE b ,;, j••,'j ` 149 Main Street Watertown,Massachusetts 02472 1Dg4 Tel: (617) 972-6426 o Fax: (617) 972-6484 Marylovise PaUotta McDermott,Chalrman hdATr.Biuce4V:RoBei'Ys" Charles C.Rating Conservation Agent Susan Falkoff Brian T.Gardner Nancy H.Hammett Leo G.Martin ' Kenneth L.KlmmeR ' May 10,2004 Ms Jeanne S.McKnight Kopahnan and Paige,P. C. Attorneys at Law 31 St.James Avenue Boston,MA 02116-4102 Subject: Whitney Hill Conservation Area Proposal Dear Ms McKnight: I received your letter at the and bf the day Wednesday,May 5ih,2004. Not in time to discuss it with you,but early enough to be able to furnish it to the Commission for discussion at its meeting that evening. I am sorry that I left you with the impression that I believed that Whitney Woods is notpresently held for"park purposes." It is true that 1 could not find how the Town had acquired the land,but it appeared on numerous old maps as Whitney Park and so I always believed it to be parkland. Wednesday,before I received your fax,I was successful in determining the instrument by which the Town of Watertown acquired its title to Whitney Woods, 14.134 Warrant for 21 June 1895 Town Meeting Article 6: To hear the report of the Park Commissioner upon the purchasing of that portion of"White's hill,"so called,that is covered by standing trees,for a public park or take action relating thereto. 14:136 21 June 1895 Town Meeting Article 6: The Park Commissioner made a report to the.Town recommending the purchase of"White's hilt"so called„as per plan submitted with said report,for the sum of seven thousand five hundred dollars. "Said land is to be used for park purposes only." The motion passed 132 to 52. I am enclosing copies of the Watertown Report from 1895-1896,Report of the Park Commissioners and a seetion of the Auditor's Report from the same year to confirm this. So that there is no confusion I am also enclosing,from the Watertowm Report from 1897 —98,the Third Annual Report ofPark Commissioners. In this report on the top of page 95,they state"The weeded reservation locally called White's Hill,-was named Whitney Hill Park,after Sohn Whitney,the earlier aoftler and owner of these and adj acarit grounds," It seems clear to myself and the Commission that Whitney-Hill is,so called,Article 97 protected land. "The board or officer that presently has custody of the land,"that you speak of is less clear. Historic records are definitive that the Park Commissioners started off with care,custody,management and control of Whitney Hill. Today Watertown does not have a Board of Park Commissioners and does not have,as far as I can see, a provision in its charter that speaks to this and being a city does not enjoy fallback provisions that towns do when such boards are not appointed. As you state,I do think that the Council mustvote,pursuant to.G.L.c.40, 15 A,to transfer Whitney Hill to the Conservation Commission to be held under G.L.c,40,8 C for conservation,open space and passive recreation purposes. I believe that his would not be incompatible with park definitions under Article 97 also,but I can't be sure of that. Much of the Artiolo 97 Park Land in Watertovm was put under the custody ofthe, Conservation[Commission and has never gone through any transfer. If an act of the Massachusetts legislature would be required for the transfer of Whitney Hill,such is the inconvenience we pay for land protection. I hope to work on having asite plan developed and will probably talk to you next week. 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