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4-11-19 BCC Special Meeting minutes - final Conservation Commission April 11, 2019 Special Meeting Minutes Page I of 3 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: April 11, 2019 BOARD MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Richard Grandoni, Stephanie Herbster, Jenna Pirrotta, William Squibb BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: Stephanie Williams, City Solicitor; Kevin Corridan, Assistant City Solicitor; Tom Harrington, Miyares- Harrington; Joanne Avalon, Waring School; Liz Dunne, Charles Mann, and Marilyn McCrory of Open Space and Recreation Committee; Maggie Brown, Greenbelt RECORDER: Jenna Pirrotta Bertoni calls the Special Meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3rd Floor Council Chambers, Beverly, MA. Bertoni reads information from the Conservation Handbook describing the authorities and duties of the Conservation Commission under the Massachusetts Constitution, Massachusetts Wetlands Protection Act, Beverly Wetlands Ordinance and Regulations, Community Preservation Act, and Conservation Restriction Act. Recess for Public Hearing Buchsbaum moves to recess for a public hearing to discuss a draft proposal for the exchange of real property between the City and the Waring School to resolve the playing field encroachment on conservation land held in a Public Charitable Trust, of which the City is a Trustee. Squibb seconds. The motions carries 7-0. Resolution to Waring School Field Encroachment on Standley Street Conservation Land Maxner reads the legal notice and describes the subject property, which is located at Rear and 35R Standley Street, Assessor's Map 59 Lot 4 and Map 49 Lot 19, respectively. There is a draft Probate Court Petition,prepared by the City Solicitor, requesting to modify the charitable trust, maps, and an accompanying property appraisal report. The Beverly Conservation Commission is holding the hearing to provide the public with an opportunity to submit any written or oral testimony as to the merit of the proposal for the Commission's consideration. Conservation Commission April 11, 2019 Special Meeting Minutes Page 2 of 3 Introduction & Powerpoint Assistant City Solicitor Kevin Corridan provides an overview of the proposal and recaps that the Commission has been considering over the past several years how to address the encroachment on conservation land. Corridan explains the Commission's options to try to reach an agreement with Waring and how to approach mitigation, which would involve a land swap. Corridan provides history of the land including the donation into public charitable trust. He explains the options for the property, and the City could either ask the Probate Court to preserve the trust to understand what could be done with the land or ask the court to modify the trust. Before that is done, there is the question of whether the Commission is inclined to pursue such a petition. The Attorney General would be the adverse party. This is the first step for the Commission to gain public sentiment regarding the proposed land swap. The City Solicitor would need to go to probate court with the draft petition to seek input. The Conservation Commission would appear before the court and submit the applicable materials. The court would decide if the trust as written allows the Commission to engage in a land swap, or it could modify the trust to allow the Commission to engage in a land swap. Once the probate court makes that decision, the City Solicitors would come back to the Commission and proceed with the land disposition policy according to the Massachusetts Executive Office of Energy and Environmental Affairs (EEA), which includes a vote of the Commission to proceed with the disposition and acquisition. Corridan and Maxner go through the slides showing the proposed parcels subject to a land swap. Property appraisals were obtained describing the value of the two properties subject to the swap. The value of both parcels is not considered significant, and the parcel that the City would be receiving was valued at$15,000 and the land that the City would be disposing is valued at $1,500 and it is much smaller. Open Discussion/Q&A Harrington of Miyares- Harrington, representing Waring School describes the proposed conditions of the swap including the use of the parking lot and the equitable nature of the 3:1 swap. Grandoni asks about what the heirs of the estate think about the swap. Buchsbaum asks about the extent of wetlands on the property. Harrington describes that both lots are not considered buildable. Bertoni asks that the heirs have a say in the discussion. Maggie Brown of Greenbelt is in attendance. Maxner reads the April 11, 2019 by Kate Bowditch of Greenbelt, noting that Greenbelt is in support of the swap in this particular instance in response to Buchsbaum's question, Avalon notes that the public does use Waring property to access City property currently. Mann asks about contribution to Greenbelt. Harrington notes that conservation land can be used for recreation. McCrory states that she's been member of the Open Space and Recreation Committee for 13 years and was not aware of the Public Charitable Trust component of the land. She states she has grave concerns over the land swap and that it sounds like an arduous process. She notes that the property appraisals indicate the properties are not of equal value. Squibb asks about Greenbelt conversations with the heirs. Bertoni recalls the timeline noting that in 2016 the Solicitor's Office was not in favor of the swap and the Conservation Commission for the Waring School to vacate City property. Williams submitted a Conservation Commission April 11, 2019 Special Meeting Minutes Page 3 of 3 letter to the Commission dated March 23, 2017. Williams notes that Waring reached out asking if the City would reconsider alternatives. The City then consulted with the Attorney General's office. Bertoni asks about how the trust contains a deeded right of way to access the property from Standley Street. She notes a grave concern over the use of City property for a private benefit and not a community purpose. Harrington proposes that the benefit to the City is part of the deal. Buchsbaum notes concerns with setting precedent on altering the trust. Herbster asks about rotating the field and discussion is held on the dimensions of regulation-size fields. Dunn notes that this issue has been unresolved for a long time and wants to see a resolution. Reconvene the Regular Meeting Dines moves to close the hearing and reconvene the regular meeting. Seconded by Squibb. The motion carries 7-0. The Commission deliberates on the options after hearing from the public. Bertoni reads the deed to the subject property and reviews the appraisal, noting that property access and parking is available on City property. Should community gardens be created, that would be a benefit for the community, not private interests. Buchsbaum notes his respect for Greenbelt and their conservation work and would support their opinion with trepidation. Dines is in favor of the swap. Grandoni also notes his respect for Greenbelt and suggests both properties subject to the swap receive conservation restrictions. He notes that the Conservation Commission was previously in favor of the swap. Herbster and Pirrotta agree that the swap is a good solution and Greenbelt noted that the heirs were in support as well. Bertoni does not agree with the proposal and suggests it is not easy for Greenbelt to support the swap. Squibb makes a motion to recommend the City move forward with pursuing the land swap. Seconded by Grandoni. The motion carries 6-1 with Bertoni opposed. Adjournment Squibb moves to adjourn at 9:05 p.m. Seconded by Grandoni. The motion carries 7-0. The next regular meeting of the Conservation Commission is Wednesday, May 1, 2019 at Beverly City Hall, 3rd Floor Council Chamber.