2000-10-04 Landowner forumCITY OF BEVERLY, MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Open Space & Recreation Commission
SUBCOMMITTEE:
DATE: October 4, 2000
LOCATION: Beverly High School Library
MEMBERS PRESENT: Chairman David Gardner, Vice-Chahman
Robert Buchsbaum, Kathern Tracy, Guido
Lauranzano, Cindy Modugno, Richard
Baker, Anthony Paluzzi, Bill Squibb
Ellen Flannery, Charles Raymond, Claire
Thomson
MEMBERS ABSENT:
OTHERS PRESENT: City Panner Tina Cassidy
RECORDER: Tina Cassidy
This meeting of the Open Space and Recreation Committee is designed as
a landowner forum to provide certain property owners with information
on conservation options.
Gardner opens the meeting by explaining the catalyst behind the
creation of the committee and the work the committee has done to date
on open space issues. He mentions the prioritization of sites for
acquisition by the City for the purpose of preserving open space and the
recent City acquisition of the former Santin property next to Sally
Milligan Park. He refers the audience to the maps posted on the wall
showing the open space parcels in the City. He introduces State
Representative Michael Cabill, who has consistently supported open
space preservation in the City for years and who was instrumental in the
formation of this committee. He introduces members of the committee to
those in attendance and notes the presence of City Councilors Maureen
Troubetaris and John Murray as well.
Gardner turns the evening's program over to Ed Becker, the Executive
Director of Essex County Greenbelt Association. Becker states that the
present is an exciting time for open space initiatives in the City of
Beverly. He tells the audience that the decisions current property
owners make about their property affect the shape and look of the
community in years to come. He explain that the panelists and the
committee members hope to provide owners with useful info,mation on
the choices they have regarding future use of their land, and send a
message that pcopIc should start thinking now about the options that
are available to them. Lastly, he notes that all panelists are willing to act
as resources for those owners who may want to participate in a land
conservation program after this evening's meeting.
Open Space & Recreation Committee minutes
October 4, 2000 Land owner forum
Page two
He suggests that each member of the audience are welcome to take a
copy of one of the Association's publications entitled "Land Conservation
Options" which are on the back table. Becker then introduces the slate
of panelists: David Santomenna, project rnanner with Essex County
Greenbelt Association; Peg Wheeler, land protection specialist with the
Trustees of Reservations; Jim Monahan, Associate Director of LandVest,
Inc.; Shawn Smith, project manager with LandVest, Inc.; and Don
GreenouEh, atWmey.
Santomenna explains the land protection options that are available to
property owners. He lists temporary protection measures and permanent
protect/on measures as well as various real estate interest options.
Wheeler explains the tax ramifications and benefits of conservation
restrictions. Becker summarizes the three options discussed by
Santomenna and Wheeler- sell property at market value or below
market value, give property to the City or a land preservation
organization, and giving a conservation restriction on the land in
question. Those options outlined above have three potential benefits - a
federal income tax deduction equal to the value of the gift, a possible
estate tax benefit, and property tax savings.
Monahan explaius the process and importance of developing a site
analysis plan and subsequent potential development scenarios which
establish the value of the property and eventually the value of a possible
gift. He emphasizes the point that this step of the process is extremely
important, even essential to the ultimate success of an effort to preserve
open space and provide tax benefits to the owner.
Greenough discusses the fights of private property owners and urges the
audience to consider planning for the future use of their land now, and
while the real estate market is strong. He answers several questions on
the specifics of the so-called windfall profit tax, estate taxes, and what
qualifies as a charitable donation.
Becker fields a question about liability that might accrue to a property
owner who allowed the public a right of access over their land. Becker
explains that there is a recreational use liability law that limits a
homeowner's tort liability. He also notes that typical homeowner
insurance policies would cover an injury to a member of the public.
Open Space & Recreation Committee landowner forum
October 4, 2000 meeting
Page three
Panelists field questions from the audience for approximately one half
hour. When all immediate questions have been answered, Gardner
thanks the people in attendance for coming and asks that anyone who
may want to follow up directly with one of this evening's panelists fill out
an index card with pertinent information.
The meeting is concluded at 8:40 p.m.