4-11-19 BCC Special Meeting minutes - final Conservation Commission
April 11, 2019 Special Meeting Minutes
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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
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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
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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.