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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.