2005-01-05
City of Beverly, Massachusetts
Public Meeting Minutes
BOARD: Open Space and Recreation Committee
SUBCOMMITTEE:
DATE: January 5, 2005
PLACE: Beverly City Hall
BOARD MEMBERS PRESENT: Robert Buchsbaum (Chairman), Bill Squibb,
Elizabeth Dunne, Anthony Paluzzi, James MacNeil,
Paul Knight (Vice Chair), David Brewster
ABSENT: Ellen Flannery, Patricia Adams, Suzanne Beaudoin,
Pam Kampersal
OTHERS PRESENT: Amy Maxner – Environmental Planner, Ann
Sheinwald & Dick McMullen
RECORDER: Jeannine Dion
Chairperson Buchsbaum calls the meeting to order at 7:30 p.m.
Approval of Minutes
Knight moves to accept the minutes from the October 6, 2004 meeting as amended,
seconded by Paluzzi. All members are in favor. Motion carries 7-0.
Dunne moves to accept the minutes from the November 3, 2004 meeting, seconded by
Knight. All members are in favor. Paluzzi abstains. Motion carries 6-0-1.
Presentation on maintaining public rights of ways – Ann Sheinwald of Rockport
Buchsbaum introduces Ann Sheinwald, former Chairperson of the Rockport Rights of
Way Committee. Sheinwald provides an overview of Rockport’s history of maintaining
public rights of ways.
Sheinwald states the Cape Ann League of Women Voters President, Barbara Fegan was
on the Coastal Research Advisory Board and she started “Coast Week Celebration”. In
1986 several groups including Resources for Cape Ann, the Mass Audubon Society, Cape
League of Women Voters and the Cape Ann Historical Society presented a program at the
Cape Ann Historical Society “Pathways to the Sea: Past and Present.” During that year
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January 5, 2005
Page 2 of 4
the League of Women Voters presented a program for “Coast Week Celebration”, which
is provided to the OSRC members for review.
Sheinwald states of the 22 public landings, there are 6 left because over the years people
have taken them. After the “Pathways” presentation many people who have lived in
Rockport began to engage in more discussions regarding public access and there were
some landings but they were not open. A report was filed by the Conservation
Commission regarding possible locations that should be investigated and Sheinwald
prepared an Article for the Town Warrant to get the DPW to cut a few of the rights of
ways. It failed.
Sheinwald and several other members of the community expressed interest in investigating
rights of ways further. In 1988 an Adhoc Committee was formed, which identified the
Atlantic Path walk. There was not always enthusiastic support by the people who lived
along the shore. Signs were put up and paths were cleared.
Sheinwald references a book entitled “Preserving Historic Rights of Ways” published by
Coastal Zone Management and a guidebook, which details all of the rights of ways.
Maxner asks if the committee ever received economic support from the town. Sheinwald
responds the town provided some economic support but the committee had to fight for it.
The Committee is now part of the town budget.
Sheinwald states there is now an organization called “The Friends for the Right of Ways.”
Over time, rights of ways have become a very important topic to citizens of Rockport.
She explains that the Andrew’s Point Association takes the lead in keeping the path clear.
By in large, 95% of the people are happy with the paths and like it.
Sheinwald stresses the importance of signage so that the public knows that a public right
of way is public and they can use it. If you have the signage, people will use it.
Sheinwald states that there has been tremendous help from summer residents and schools
(community service hours).
Dunne asks if the town has ever considered a modest abatement to a property value to
encourage someone to open up something that is closed. Sheinwald responds that has not
happened. If a resident is opposed, it is difficult to do.
Buchsbaum and the members thank Sheinwald for coming in to share the history of public
rights of ways in Rockport.
Buchsbaum asks if there are specific public rights-of-ways that members would like to
research further. Tall Tree Drive, Branch Lane and Folger Avenue are discussed.
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January 5, 2005
Page 3 of 4
Branch Lane
Maxner states there was a neighbor that complained about blockage of Branch Lane (Mr.
Benevento’s property). He landscaped it, put in some big boulders and made it look like it
was his lawn. Mr. Benevento said he was willing to work with the City to make it more
accessible to the public. Tina Cassidy put Mr. Benevento in contact with Amy Maxner.
Maxner spoke with Mr. Benevento briefly and they are working on setting up a time for a
site visit with Robert Buchsbaum, Benevento and Maxner.
Maxner will follow-up on this and will update the OSRC members next month.
Old Business and updates
Finalize C.R. letter – Kampersal, Buchsbaum, Maxner
Buchsbaum states he spoke with Ed Becker about this topic and he said as an alternative,
the City could turn a property over to the Conservation Commission and then it becomes
Article 97, which would still need a 2/3 vote of the legislature to change. Members agree
this may be an option to explore and include in the final letter.
Dunne asks if language was going to be included that addressed how the City would save
money if the land were left open. Maxner states that she added a line in the letter, but it
may need to be expanded upon
Members agree to further review and revise the letter and talk about it further at the next
meeting.
Signage update – Beaudoin, Dunne
Dunne states she spoke with Jane Brusca from the Beverly Conservation Land Trust
regarding funds signage. She asks Buchsbaum if he could discuss with Ed Becker bigger
signs for the kiosks at the other end of Greenwood and Beverly Farms. Buchsbaum will
speak with Ed Becker.
Review any additional informational material for kiosks
Buchsbaum provides information for members to review regarding informational material
for the kiosks. The members will discuss this further at the next meeting.
Planning Board/City Council Joint Public Hearing – OSRD Ordinance
Buchsbaum states he attended the Planning Board/City Council Joint Public hearing
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January 5, 2005
Page 4 of 4
regarding the OSRD regulations and spoke briefly in the public comment period.
Buchsbaum states most people support that OSRD be mandatory versus voluntary.
He reported that the OS & RC briefly reviewed the document and supports it. The public
th
hearing has been continued on the Planning Board agenda for 9:30 p.m. at the January 18
meeting.
Conservation Restriction – Loring Property
Maxner states the Conservation Restriction on the Loring property (140 Hart Street) is
finalized and has been recorded at the Registry of Deeds on November 16, 2004.
Landowner’s Meeting
Buchsbaum states he has spoken briefly with Ed Becker regarding scheduling a
Landowner’s meeting. Becker is still interested in helping out with this. Buchsbaum
recommends this workshop could take place in the spring.
Folger Avenue – Right of Way
Buchsbaum states there will be a walk at the right of way at the Folger property and he
will advise OSRC members when it is scheduled to take place.
Adjournment
Dunne moves to adjourn, seconded by Brewster. All members are in favor. Motion
carries 7-0.
The meeting is adjourned at 9:30 p.m.