CPC Minutes.11.19.2020-FINAL-APPROVEDCITY OF BEVERLY PUBLIC MEETING MINUTES
COMMITTEE /COMMISSION: SUBCOMMITTEE
DATE:
LOCATION:
MEMBERS PRESENT:
Community Preservation Committee
November 19, 2020
Google Meet Virtual Meeting
Chair - Heather Richter, Vice Chair -
Derek Beckwith, John Hall, Christy
Edwards, Thomas Bussone, Robert
Buchsbaum, Nancy Marino, Marilyn
McCrory, Wendy Pearl.
MEMBERS ABSENT:
OTHERS PRESENT:
Denise Deschamps - Economic
Development Planner, Planning
Department, acting as Committee staff
Jodi Byrne - Recording Secretary
1) Call to Order
Chair Heather Richter calls the November 19, 2020 meeting of the Beverly Community
Preservation Committee to order at 7:00 p.m. She reads an abbreviated version of the following:
Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 23, 2020 Order imposing
strict limitation on the number of people that may gather in one place, this meeting of the
Beverly Community Preservation Committee will be conducted via remote participation to
the greatest extent possible. No in- person attendance of members of the public will be
available, but every effort will be made to ensure that the public can adequately access the
proceedings in real time, via technological means. In the event that we are unable to do so,
despite best efforts, we will post on the City's website an audio or video recording,
transcript, or other comprehensive record of proceedings as soon as possible after the
meeting. Applicants and /or representatives required to appear before the Beverly
Community Preservation Committee must make arrangements to present remotely as
there is not a physical meeting location. Documentary exhibits and /or visual presentations
must be submitted 3 business days in advance of the meeting to Denise Deschamps via
email at ddeschamps @beverlyma.gov. If you wish to have a comment and /or question read
during the meeting please submit them to Denise Deschamps at
ddeschamps @beverlyma.gov.
Chair Richter says that anyone who would like a copy of documents from tonight's meeting may
contact Denise Deschamps. She states that all votes will be taken in a formal roll call vote.
Denise Deschamps takes a formal attendance roll call: Chair Heather Richter, Vice Chair Derek
Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino,
Marilyn McCrory, and Wendy Pearl. All members are present.
Guests include: Jim O'Brien, Tom Ellis, Gerry Sullivan, Bryant Ayles, Mayor Michael Cahill
2) Mayor Michael P. Cahill to Discuss CPA Out -of -Cycle Requests and
Comprehensive View and Plan of Various Needs of the City Going Forward
Mayor Cahill speaks to the topic of out -of -cycle requests and says that the City is mindful that it
should go through the regular application process to request project funding except for special
circumstances such as purchasing parcels of open space or in the case of other projects when an
opportunity may arise unexpectedly. He also says that he acknowledges that there are more
needs than can be funded including historic, affordable housing, and open space. Mayor Cahill
says there is much undeveloped and unprotected land that often isn't recognized as vulnerable to
future development. Sometimes people assume it is protected in some way. In review of the
funding categories for CPA, he says there is great need and wants to determine how to be most
strategic in bonding opportunities and other ways to do business. He looks forward to a future
CPC agenda to speak on how to formalize planning together. Mayor Cahill says the City is
careful in selecting projects that will bring great gain to the residents of the city.
Derek Beckwith says that affordable housing is a priority and asks if there are more affordable
housing developments in need of funding anticipated in this fiscal year. Mayor Cahill answers
that there are none currently on the drawing board, but that more will develop in the future. Chair
Richter thanks Mayor Cahill for his support with the CPC's Affordable Housing Initiative.
3) Review and Acceptance of Minutes from October 8, 2020 and November 12, 2020
The minutes from October 8, 2020 are discussed and amended. Marilyn McCrory motions to
approve the October 8, 2020 minutes as amended. Derek Beckwith seconds the motion. Denise
Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith,
Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn
McCrory, and Wendy Pearl. (The motion passes 9 -0).
The minutes from November 12, 2020 are discussed and amended. John Hall motions to approve
the November 12, 2020 minutes as amended. Marilyn McCrory seconds the motion. Denise
Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith,
Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn
McCrory, and Wendy Pearl. (The motion passes 9 -0).
4) MOU Extension Requests:
a) Beverly Golf and Tennis Clubhouse analysis
Denise Deschamps introduces Mike Collins, Commissioner of Public Services and Engineering,
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to speak on behalf of this project. Collins thanks the Committee for approving the prior
extension. Tom Ellis, Project Manager for CBREMEERY introduces Gerry Sullivan as the
architect for this project. Ellis says that Sullivan's firm has experience in working with Beverly,
and that they have assembled a design team who has determined the overall goals of the project.
These goals include restoring the structure to a period- correct time frame and for the structure to
be used as an economically sustainable building. Sullivan says they will work in accordance with
the MOU to achieve these goals.
City Economic Planner Denise Deschamps projects a graphic of the project's milestones
provided by Ellis. Sullivan reviews the project's schedule which marks Friday March 12 as its
packet submission date including a mid - design update (for the CPC), and an October 1 date to go
to bid (following the completion of the design documents). Wendy Pearl suggests that their
meeting with the CPC take place after the regular meeting of the HDC so that all information
will be understood and consistent with the Secretary of Interior's Standards, and Sullivan says
that he will properly coordinate this.
Marilyn McCrory confirms that the current extension expires on 12/31/2020, and that they are
looking to extend until October 1, 2021. Pearl asks if the budget approved by the CPC is still
accurate, and Collins says they are working with the assumption that the approved budget is
appropriate. Pearl confirms that this refers to the design budget.
Thomas Bussone motions to grant the extension of the MOU for the Beverly Golf and Tennis
Club until the end of October 2021. Wendy Pearl seconds the motion. Denise Deschamps takes a
formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum,
Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl.
(The motion passes 9 -0).
b) Cabot Housing (245 Cabot Street)
Denise Deshamps says that an MOU extension has been requested by the YMCA until
November 30, 2020. Marilyn McCrory suggests an extension until the end of the year.
Marilyn McCrory motions to extend the MOU for Cabot Housing until December 31, 2020.
Nancy Marino seconds the motion. Denise Deschamps takes a formal roll call vote: Chair
Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy
Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9-
0).
c) Green's Hill Trail
Denise Deschamps states that the City is asking for a one year extension. Marilyn McCrory says
that an agreement had been reached with the abutter regarding the entrance, and that now the city
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is waiting for city services to have the time to complete what is still needed there. Deschamps
says that City Planner Darlene Wynne confirms that there is no additional legal work required on
the part of the city and the City is requesting a one year extension but it does not specify from
what date. Buchsbaum asks if they can vote on an extension for an MOU that has already
expired. Bussone says that because it expired almost a year ago, they should have to re- apply.
Pearl says there is no agreement to extend. Deschamps says it is the same project. Pearl says they
should update the schedule, showing the CPC how much time is needed. McCrory says that the
City should identify a project manager and that it might be good to have an update at the next
meeting as to who is managing the project.
Deschamps recommends that this item be tabled until they come back with an updated budget,
schedule, and information on who will be managing the project. McCrory says Deschamps could
draft a revised MOU and discuss with the new project manager, then add this to an agenda for
the next meeting of the CPC. Robert Buchsbaum says that he has a concern an extension when
the project is almost a year out of date. McCrory says it may be good to get the date that the
project MOU did expire, and Deschamps says that she remembers Aaron Clausen providing a
review of the project to initiate an MOU extension and that the MOU extension was never
executed. Deschamps says that the delay may be on her end as she cannot recall next steps other
than this. McCrory suggests that Deschamps get some history on this and then the CPC can
decide at the next meeting on the best action.
Pearl suggests updates and to see if any disbursements have been made without an active
agreement. Deschamps says disbursements have not been made for a long period. It is decided to
get an update at the next meeting from the project manager.
Vice Chair Derek Beckwith reviews past minutes (Nov. 2019) where it was decided to extend the
MOU to June 30, 2020. Buchsbaum says it is still not clear from which date to extend for one
year. Chair Richter determines to make this an agenda item for the December meeting of the
CPC.
5) CPA Budget:
Director of Municipal Finance Bryant Ayles is present. Marilyn McCrory notes a negative
balance in the FY20 actual under miscellaneous (page 1). Ayles says that sometimes there are
revenues recognized in a given year, and then in a subsequent year someone can file an
abatement that is then credited in that year with a result as a negative to the fund balance. He
says that abatements can occur multiple years down the road from when they are filed.
McCrory asks about the GAR Hall from round 4, noting that the project was completed under
budget, yet this budget report does not show actual money spent. Ayles says that this budget
sheet is worked on continuously by multiple people, and that if anything else needs amended to
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please let him know.
Wendy Pearl says the state match was more than expected and asks how this should be reported.
Ayles says once the tax rate is set, it is locked in. He says that while the CPC doesn't lose that
money, when books are closed, the excess revenue closes out to the fund balance and gets split
according to the 10% restrictions, going into the reserved fund balance. He says that the only
downside of not having it built into the budget this year is that it cannot be accessed for 6
months. Ayles says that if the CPC needs these funds within the next 6 months, they could meet
with the city council before the tax rate is set. Richter asks if the extra funds are on this
spreadsheet, and Ayles says they aren't because they are not legally accessible until July 1, 2021
unless they put forth a budget amendment to the city council within the next few weeks.
Finance Director Ayles says that there were additional funds in 2020 that had not been budgeted
that had to be split by the 10% allocations, particularly in historic and affordable housing. The
report shows allowable funds to allocate at 1.2 million. Pearl confirms that this balance accounts
for 700k going to Briscoe and funds going to the Gruppe mural. The bottom of the general fund
is $481,192.
(a) Discussion of CPA fund from which annual bond payments for Camp Paradise
acquisition should be taken
Finance Director Ayles says that in the payment of bonding for Camp Paradise, he would like to
look at the original appropriation of funds as that is what they are bound to by law. He asks that
this be determined so he knows how to properly budget. McCrory says the Committee has been
able to vote each year as to how to fund this bonding and asks Ayles to inform them if there are
specific parameters they need to know. Wendy Pearl says that when the CPC approves their
budget, they vote and make this appropriation. She also asks if the Congress Street Project is still
on books and if that $25k is still available.
(b) Review of CPA funds currently available to fund Beverly proiects
Christy Edwards says that it is valuable to weigh what has been funded against what has been
used as there are monies being held for projects that no longer are in the works. She notes the
importance of an accurate account of what is available as the pre -apps will exceed available
funds. Ayles says that a review would be helpful and to know what projects are closed or
outstanding so they can release any underages to the fund balance.
6) CPA Funding Round 8: Review of pre - applications received to determine eligibility for
fundin
1. 0 Folger Avenue - Open space acquisition
Marlyn McCrory reports that this applicant has come before the CPC in the past. She says that
the Open Space Committee is interested in seeing this property taken off the market as it is
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vulnerable, and that the applicant needs a conservation buyer. She says that this pre - application
is not eligible because the applicant needs the city or a conservation trust to become the owner of
the property. It is noted that the applicant is the owner of the property and may be a co -owner
with other family members.
There is a discussion on the eligibility of this project. Edwards stresses the importance of being
consistent with past decisions. Pearl says that as an activity this is eligible, and giving the
applicant feedback on who she needs to buy the property is good council. McCrory says that
bonding is an option for purchasing open space. Pearl notes the challenge in that the Mayor is
not in favor of this purchase. Buchsbaum says the land trust could step in, so that it is not off of
the table. He says that he would be in favor of eligibility. Beckwith notes that the application
reports that the CPC would be the buyer of the parcel, and that this makes the application not
eligible. Thomas Bussone says this idea of open space does qualify as a pre - application, and if
the applicant finds a valid buyer it would be acceptable. He suggests that the CPC vote that the
pre - application is eligible with the caveat that someone will have to work with the applicant.
Robert Buchsbaum motions that 0 Folger Avenue - Open space acquisition is eligible with the
need to have a conservation buyer that is not the CPC, nor will be found by the CPC. Robert
Buchsbaum amends the motion adding that it is eligible in the category of open space
acquisition. Marilyn McCory seconds the amended motion.
Derek Beckwith says that it seems fruitless to have someone submit a full application if nothing
has changed since their last application. McCrory says that this is eligible as an idea and that it is
up to the applicant if they want to put in a full application. Beckwith says that they can vote on
eligibility, and then include a letter with the caveats listed. John Hall and Chair Richter agree,
although Richter does not feel this application is eligible.
Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek
Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino,
Marilyn McCrory, and Wendy Pearl. (The motion passes 6 -3) with Chair Richter, Derek
Beckwith, and John Hall voting no.
The following caveats are agreed upon and will need to be explained to the applicant:
1. Clarification of ownership
2. Clarification that the CPC is not purchasing the property but could award funds to the
purchaser
3. Identification of the purchaser
4. Correction to the application showing acquisition under open space.
2. 10 Greene Street - Open Space Acquisition
C.
Christy Edwards motions that the application is determined eligible in the category of open space
in the area of acquisition. Derek Beckwith seconds the motion. Denise Deschamps takes a formal
roll call vote with each Committee member voting yes: Chair Heather Richter, Vice Chair Derek
Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino,
Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0).
3. Beverly Farms Consortium - 668 Hale Street Restoration
Chair Richter says that she has concerns that this property is owned by the Archdiocese and that
there are no explanations of the programming. Nancy Marino says she agrees with Richter, and
wants to know if the structure would be open to all groups wanting to rent or use this space.
Derek Beckwith shares these concerns and says that the copy of the pre - application is not
complete. He says that the request is for a huge amount of money that would ultimately pay for
the repair of a privately owned building so that the owner can then rent it. Wendy Pearl checked
the MA Secretary of State's website and notes that the applicant does not appear to be a
charitable organization at this time. Marilyn McCrory shares the concerns already expressed and
adds that the CPA is not intended to fill in the gaps of maintenance and neglect.
Christy Edwards confirms that the HDC has determined that the property has historical
significance. Marino asks how they would place a preservation restriction with the owner being
the Archdiocese of Boston, and Pearl says a restriction is only required if it is an acquisition.
Beckwith says that the applicants are not the owners of the property, and Marino questions the
application's statement that any extra funds would be donated to the church. Thomas Bussone
says there is no nexus between the applicant and the owner. McCrory notes a letter that states
that the Beverly Farms Consortium would have a rental lease agreement, so perhaps there is an
intent, but not an actual arrangement with the owner. She says that the CPC must determine on
what basis this is not eligible. Marino says the applicant is not the owner and there is no viable
connection between the two. She adds that there is no stated site control, a named project
manager, and no evidence of fundraising.
Wendy Pearl suggests tabling this application for tonight, while seeking legal counsel as they
could be breaking the law to allow public funds to be used for a private use. Bussone asks if they
can give aid to a church, and Pearl says that public funds for private use is a legal issue. She also
mentions the Anti Aid amendment. Beckwith refers to the difference between this application
and the Cabot application as it was not a third party who applied. Hall asks about a past
application that was approved for an elevator in a church, noting that the changed scope was later
denied. Pearl references the Acton lawsuit. Buchsbaum says that money can be spent on a church
if the funds benefit the public and not just religious activities. Peal notes the specifics of the
rehabilitation category.
Beckwith motions to table this application until the next meeting. All are in agreement.
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4. Beverly Farms Gardens Irrigation Supply
Derek Beckwith provides a brief history of this garden, noting that the applicant has permission
from MassDOT to work on this garden although he is not a formal nonprofit. Beckwith says the
applicant wants to put in an on -site well to irrigate the garden and that he may be willing to
organize as part of an MOU so that an entity would receive the grant instead of an individual.
Christy Edwards asks if this is recreational land under the definition of a community garden, and
it is noted that the land is a MassDOT traffic island. McCrory agrees that it is a worthy endeavor,
but says she is not sure it is eligible for CPA funding. Beckwith says that the property is owned
by the state and that it has given the applicant the use for a community garden. Buchsbaum says
it does not fit in the recreation category. Beckwith reports that the applicant works with various
schools and students. Bussone says there would have to be an agreement between the applicant
and MassDOT for the use of the land. Pearl notes that this land is not protected as open space or
recreational land so that it does not qualify. She says that while the project is not eligible, it is an
appreciated garden.
Wendy Pearl motions that the Beverly Farms Community Garden project is not eligible for CPA
funds as the land is not eligible in open space or as recreational land. Robert Buchsbaum seconds
the motion. Denise Deschamps takes a formal roll call vote. The motion passes 7 -2 with
Beckwith and Marino voting "no".
There are seven more projects and Chair Richter asks if the CPC could schedule a special
meeting to complete review of the other projects. Tuesday November 24, 2020 at 7pm is
scheduled to review the remaining applications. Bussone requests an update on the tabled
application prior to the special meeting. Pearl also suggests that they have access to the
Community Preservation Coalition in regard to the funding of religious properties, and
Deschamps says she will work on this and reach out to the City Solicitor's office for guidance.
9) Adiourn
Thomas Bussone motions to adjourn the meeting. Nancy Marino seconds the motion. Denise
Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith,
Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn
McCrory, and Wendy Pearl. (The motion passes 9 -0). The meeting is adjourned at 9:27 pm.
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