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2009-07-01 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: Open Space and Recreation Committee STAFF MEMBERS PRESENT: July 1, 2009 Elizabeth Dunne (Chairperson), David Brewster, Nancy Coffey, Pam Kampersal, Marilyn McCrory, Sylvan Menezes Suzanne Beaudoin, Robert Buchsbaum, Michael Ralbovsky, and Bill Squibb Environmental Planner Amy Maxner, Associate Planner Kate Newhall BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Andrea Bray Chairperson Dunne calls the meeting to order. Approval of Minutes - June 3. 2009 The members review the minutes and make amendments. Brewster: Motion to approve the minutes as amended, seconded by McCrory. Passes 6-0. Guest Speaker: Ed Becker - Executive Director. Essex Countv Greenbelt - Discussion re2ardin2 Conservation Restrictions and Stewardship of Conservation Lands in Beverlv Dunne welcomes Ed Becker, Executive Director of Essex County Greenbelt Association, to the meeting and states that the Committee is looking for some insight into the way to handle an encroachment on a Conservation Commission property, as with the Waring School and Mr. Sweeny. Additionally, she requests further suggestions on negotiating a CR with AMG. Becker states that over the years he has not had much luck with AMG in advancing a CR on their property. He notes that he is more than willing to help the City continue negotiations with them and offered to put in a follow up telephone call with Darrell Crate, CFO for AMG. Coffey states that she and Dunne had a telephone conversation with Darrell Crate who implied the ECGB was respected but not very well funded and would require an endowment, but he didn't think that was the case with the Trustees of the Reservations. Becker notes that asking for endowments are becoming more and more routine for most land trusts these days. Dunne states that the Crate implied that the Trustees might operate its headquarters built on the site at some point in the distant future. Becker states that he never heard anything like that when Open Space & Recreation Committee July 1, 2009 Meeting Minutes Page 2 of6 he has spoken to Crate, and he has had many discussions with him. He adds that it was a question of timing in terms of maximizing their tax advantage, and then Kerry Healey ran for governor and they became busy and distracted. Dunne clarifies that Crate believes that there would be an expectation of a requirement for an endowment it they place the parcel under CR with ECGB. Becker states that the ECGB policy is to always ask for an endowment but it is not a condition for the acceptance of the CR. He says that the Trustees group has also spoken with Crate. He clarifies that ECGB has a different policy when it comes to endowments and they are flexible. Maxner clarifies Becker's point about the AMG tax advantage stating that AMG would like to get a yield plan for a residential subdivision in order to obtain the maximum tax advantage. Becker states that the gifting of that land was not a condition for any permits obtained by AMG and he is not optimistic that will happen unless AMG is able to maximize its tax sheltering advantage. McCrory asks if there would be any benefits for them to gift a CR now. Becker states that the benefits depend on what the value of that property is and the value is determined by the land's permitted use, and they have a special permit for commercial use. Maxner states that the permit for the property currently precludes residential use as the decision now stands. She says they would need to revert back to the original residential zoning to maximize the land's value and that would require abandoning the commercial use and a change to the ZBA decision. Coffey states that AMG is currently permitting public access so the current conditions are fine but she is concerned about the future if the property changes hands. Much discussion ensues regarding the options for this property. Dunne sums up the AMG discussion stating that she and Coffey will keep the lines of communication open via letters and calls. Dunne states that the Waring School is encroaching on Conservation Commission land by use of the open meadow for a playing field. Becker states that the ECGB has a relationship with the family that deeded the land to the City and the family wants to make everyone aware of this encroachment and hopes that the City is taking steps to be stewards of the land. Maxner states that it was always an open field, with aerial photographs showing agricultural use in the 1940' s. She notes the City acquired this land 2-4 years before Waring made use of it. Dunne states that Waring has acknowledged that they are on City land. Becker states that there are several options for a solution, such as trading land, or having Waring buy that land from the City with the funds going into a conservation fund. Open Space & Recreation Committee July 1, 2009 Meeting Minutes Page 3 of6 Dunne expresses concern about allowing the City to sell conservation land. Becker states that the family is receptive to different ways to deal with this issue. Dunne points out a parcel on the map that she says might be good for a land swap. Discussion ensues regarding a land swap option. Maxner states that during the 1990's the Conservation Commission ordered Mr. Sweeney to remove the debris from the land and right of way and Sweeny responded by asking the City to survey the property, but that wasn't done and the issue appeared to have been dropped. She adds that it would be good if the City surveyed and marked the rights-of-way. Becker states that there might be a survey plan on record with the deed at the Registry that could be used to mark the property. Maxner agrees to look into this. Coffey cites the MACC publication as it refers to acquiring Greens Hill (parcel 27X). Maxner explains to Becker that 27X is a small parcel for which the owner is unkown and must be put up for auction in a land of low value procedure but the City doesn't want to do that because the neighbors might outbid to purchase it. She notes that eminent domain procedures require that the purchase monies be placed in escrow, which after several years goes to the State general funds. She adds that it is a key piece of land because it connects a public walkway along the water. Kampersal asks why the City cannot just take the land over as a result of non-payment of taxes as in a tax taking. Becker states that the problem is that the City doesn't know from whom they will take it. Menezes states that the neighbors have been using it as a driveway and parking for their vehicles. Kampersal suggests finding grant funds to buy the land. Dunne states that the parcel was appraised at $15,000 years ago and was recently assessed for $4,000. Regarding Norwood Pond, Kampersal asks if a CR is possible. Becker says he doesn't know and notes that ECGA was involved with drafting a CR for this land several years ago but the City never went forward with it. Kampersal states that the 128 Brimbal Avenue overpass may be held up because the music theater is closed but this overpass makes the Norwood Pond land very vulnerable to development. Maxner asks Becker on strategies to get CPA passed in Beverly. Becker states that 58 communities now have CPA and it is the best program a community can use to generate money for their own projects. He explains that in the past the State was matching Open Space & Recreation Committee July 1, 2009 Meeting Minutes Page 4 of6 100% of the funds raised by CPA but that number has been reduced to 27%. He adds that legislation has been filed to guarantee a 75% match from the state. He says that there are other things in the bill that relate to the types of projects and clarifications to the language which are needed. Becker explains that Gloucester had real projects to cite as examples during the campaign, and the Mayor finally supported it and it was passed by a decent margin. He suggests beginning at 1 % with exemptions for elderly and the first $100,000 in value. He suggests checking with the Community Preservation Coalition for literature and advice so that you do not have to reinvent the wheel. He states that the three types of activities that the CPA will support are open space, historic preservation, and affordable housing. Brewster suggests looking into the NSMT property as a possible pick up for CR. The members agree to plan a walk of the property. Becker encourages the Committee to call or email with any follow up questions and states that he would be available for a site walk on the NSMT property. The Committee thanks Becker for his time and expertise. Kampersal suggests redirecting the recycle funds toward open space funding. The members discuss the possibility of this. Updates Website Newhall states that she will post the bird atlas article written by Buchsbaum and Brewster on the web site, but other than that she has not made many updates or downloads to the web site as of late. Kiosk Grant Newhall states that the work on the grant is finished and she turned in the final report to the Essex National Heritage Commission this week. Newhall states that there is a spare $400 in the Planning Department budget to be placed toward the replacement kiosk for Bald Hill and the Conservation Commission will be asked to help donate toward that cost, which is $500. She adds that she will issue a press release about the replacement and send a letter of alert to the neighbors. Newhall states that all of the other kiosks have been installed and they look great. The Committee thanks Newhall for all her hard work on this project and express their excitement on having these kiosks to show off the properties. Remainin2 3 Homemade Kiosks - Choosin2 Locations Open Space & Recreation Committee July 1, 2009 Meeting Minutes Page 5 of6 Dunne suggests that the members think about the locations for the 3 homemade kiosks. Ri2hts-of- W av Update Tall Tree Drive: Maxner states that the kiosk is in and there is an updated sketch from the Engineering Department, which has been forwarded to Tom Alexander. She is hoping for an easement to be drawn up shortly for the Solicitor's review. YMCA: Maxner agrees to contact Tom Alexander to inquire on the status of the walking path and membership scholarships. National Grid: Maxner states that she sent the letter to National Grid real estate department and she has not heard back yet. Greens Hill - 27X: Maxner states that Dave Gardiner spoke to a Boston attorney who advised him that the City should secure a land use attorney but she notes that the Conservation Commission funds cannot be used for that. She suggests this discussion be continued to the next meeting. Newspaper Articles: Brewster suggests that the woman he knows who found the common terns at Greens Hill could write an article, he agrees to follow up with her. Old Business Open Space & Recreation Plan - The Implementation of 1 sf Year Action Items DCR Grant Opportunity: Newhall states that the deadline for application for the DCR grant is October 1,2009, and this grant can be used for trails or for making trails accessible. She adds that she spoke to the grant director at DCR who claimed that the grant will be funded at the same levels as last year, and that the City would be required to have 20% match of cash or in-kind. The members discuss the possibilities for accessibility on other trails. Newhall reads the other uses permitted for the grant and how it basically relates to trails. She agrees to email the members to get their ideas, noting that an impromptu meeting may be required in August to make a decision on the final project. New Business Norwood Pond Trails Menezes distributes a map of Norwood Pond stating that he has mapped in the potential accessible trails on this parcel. The members study the plan. Open Space & Recreation Committee July 1, 2009 Meeting Minutes Page 6 of6 Newhall asks if there is any idea of the cost for this and Menezes states that he doesn't know about the cost. New "No Dumpin2" si2ns for Elnew Ave. Kampersal request that Maxner arrange for new "no dumping" signs at Norwood Pond on the Elnew entrance trail head. Maxner agrees to inquire with DPW about getting new signs out there. There being no other business before the Committee this evening, Menezes motions to adjourn. Seconded by Brewster. Motion passes 6-0. The meeting is adjourned at 9:00 pm.