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2011-04-06CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Open Space and Recreation Committee April 6, 2011 Elizabeth Dunne (Chairperson), Sue Beaudoin, David Brewster, Nancy Coffey, David Gardner, James Matz, Marilyn McCrory, Sylvan Menezes, and Bill Squibb Pam Kampersal Amy Maxner, Environmental Planner Charlie Mann Jane Dooley Chairperson Dunne calls the meeting to order at 7:00 p.m.. Acceptance of Previous Minutes — March 2, 2011 Members reviewed draft March 2, 2011 meeting minutes. Members discussed amendments with Maxner. Gardner makes a motion to approve the March 2, 2011 minutes as amended. Seconded by Menezes. Motion carries 7 -0 -1, with Squibb abstaining. Beaudoin arrives. New Business Emerald Necklace Trail May — Review and Discuss Amendments Maxner explains that Gardner edited the Open Space Reference Map to include the potential trail, or Emerald Necklace throughout the City. Gardner states that he met with the Mayor about the Greens Hill — Parcel 27X and was told by the Mayor that he would like a revised trail map that shows what part of the necklace trail is completed and what remains to be done. Gardner claimed historical authorship for the trail network part of the map. He recognized that the trail route needed to be updated and would like the Committee's input on these revisions. He points out errors including a large area around Pole Swamp Lane and another block that was originally in the map as a beige area that showed what the City owned and a generalized area. The reason being that Ed Becker from Essex County Greenbelt didn't think the map should reveal where our properties are because he was active in the area pursuing property acquisition. Open Space & Recreation Committee April 6, 2011 Meeting Minutes Page 2 of 6 He explains the updated map shows what properties the City owns and what properties are privately owned. However, Gardner is concerned that there are private properties shown and those owners might not want to be included in the open space trail network that they don't have a say or control over. He suggests they take off the lighter green Emerald Necklace on the map and just show the properties the City owns. Dunne comments that there are several properties that ownership is unknown. Gardner agrees that the ownership for some of the properties is unknown, some are owned by the Commonwealth and others are privately owned. Dunne suggests leaving the Commonwealth's properties on the map since it is likely to allow pass through and it would not look as if the trail has a dead end and can't be completed. Gardner explains that the intent of the map is to show a number of loops but not every conceivable route. He said the Preston Place area was fine except at the end where the road comes along the edge of the Essex Greenbelt property it is in the wrong location. He also notes that down by the railroad tracks where there is a loop in the southeast end of the City at Route 127 and West Beach, Greenbelt owns a piece of property so the trail can continue but the neighboring private property should be eliminated where there is wetland. Gardner notes that Maxner and Roland Adams, G.I.S. Coordinator, have GPS'ed the areas of Norwood Pond, Sally Milligan and Philips Estate. Maxner suggests that there should be different designations to show prospective, proposed versus actual. Gardner notes that the trail loops in such a way that pedestrians and cyclists could access it fairly easily via regular City streets and roads. Charlie Mann states there is a trail by County Way leading to the golf course and suggests a trail through an area of the course. Dunne recalls discussion about installing signage along certain streets as trail networks. Gardner will ask Roland Adams to revise the map and that he writes the street names so they are legible. Maxner mentions that GPS coordinates for most of the commons were found because of the grant for the kiosks. This is so that data could be used for maps at the kiosks at Sally Milligan, Norwood Pond and Philips Estate. Menezes has additions that Gardner can get to Adams. Dunne and Coffey thought the AMG carriage road should be included. Gardner and Coffey had marked the trail but the signs were taken down. Maxner notes that Adams had worked with Essex County Greenbelt for the commons and may have borrowed information but it could be found in the city's database. Committee members discuss whether or not walking could be done on the trail near the 9 th hole at the Beverly Country Club golf course adjacent to the tennis courts. A brook cuts through a patch of woods with a footbridge crossing that leads up to an access driveway /service road to the clubhouse. The trail map shows the potential in the area. Menezes mentions that on Nursery Street there is a public walkway that goes along Route 128 near Route 97. Another walkway that was located under Route 128 was filled in. Also discussed Open Space & Recreation Committee April 6, 2011 Meeting Minutes Page 3 of 6 was a walkway along the waterfront that goes into the condominium complex and dead ends at Jubilee Yacht Club property. It was thought the yacht club didn't do any improvements because it didn't want to allow access across its property. Also discussed was marked walkway at Endicott College near the Misselwood facility by the president's house, and access from Mingo to Brackenberry Beach. Mann agreed to take a look. He mentioned that it would be great to coordinate trails in Beverly with Manchester. Discussion that there are no rail trails in Beverly and that Open Space and Recreation zoning is at Norwood Pond as City- owned. Maxner said it is not protected just zoned. Gardner agreed to bring the Committee's input on trail map to Adams. He noted that most of what is on the map is City streets and the city has access to the golf course fire road and that minor trail work is needed. Gardner added that they could seek permission to go through Project Adventure land. Beaudoin said the Waldorf School only owns a small parcel within that area. Other City Board 's /Commission's/Department's agenda items Maxner states there was nothing of open space significance to report from the Conservation Commission agenda. 875 Hale Street on Planning Board agenda Coffey notes that she and McCrory had attended a Planning Board meeting where an approved preferred OSRD plan for 875 Hale Street was discussed. She notes that it is convoluted. Maxner had a sense that the developer would go to court to make the City do a conventional plan, as they believe mandatory OSRD to be unlawful. Coffey explains that the developer has come up with backyards they claim are part of the open space which are easements granted to the owners of the houses. Porches were taken out of the design. The engineering department had a huge number of issues. The developer is claiming 50.1% of open space, and this includes all of the backyards that have plantings all around them. Dunne states this is in violation to have part of the Open Space using residents' yards to get to the 50.1 %. Maxner said the Planning Board was questioning the yard easement issue and the developer said this was done in Newbury, but the Planning Board was open to accepting additional information about these easements Dunne said the Committee pushed hard for one less house in the original proposed plans. Coffey states the developer went back and did a different conventional plan. Matz agreed that there was a plan that the abutters were somewhat receptive to with two existing parcels but it was 38% open space. There are six house lots for 2,400 square foot structures, and the lots were shrunk. Maxner notes the OSRD ordinance requires 50% open space, noting there is a provision for the Planning Board to waive the 50% at its discretion. Open Space & Recreation Committee April 6, 2011 Meeting Minutes Page 4 of 6 Gardner said the view from the street would not change. Dunne said the viewscape was important and none would be left. Maxner said the language in the ordinance speaks to leaving the open space in its natural original state and place it in a conservation restriction. This property has historically been mown as a grassy field. McCrory said they waived the ordinance for Beaver Pond OSRD subdivision, which wasn't even close to the required 50% open space. Gardner and Squibb questioned whether or not public interest compromised and if this is precedent setting. Dunne said the Committee should have it on record that they fought for follow through on the ordinance. Dunne agrees to draft a letter to the Planning Board with Maxner and Coffey's review on the issues that the plan reverts back to 30% and this circumvents Beverly's regulation. Coffey moves that the letter should include the OSRC thanking the Planning Board for their work and questioning if 50% of the open space is met through the yard easements. She'll work with engineering and get an approximate count of the open space with yards. Brewster seconded the motion. Motion carries 9 -0. Updates Bathing Beach Lane — Right of Way Research, Tall Tree Drive Easement Maxner explains that Bathing Beach Lane is private according to City Assistant Solicitor Bob Munroe's determination. Mann notes that a sign (Juniper Hill Trail) could be put down at the end as well as three sections of split rail fence 8'apart that delineates the beginning of the City property similar to Norwood Pond. The Committee thought it needed the solicitor's opinion. Maxner will follow up with B. Munroe to see if the abutters could refuse or prevent passage. Mann states that he trail would need to be cleared and could probably be done in an afternoon by a group such as the Boy Scouts. In regard to the Tall Tree Drive easement, Maxner states she will get a cleaned up sketch from City Engineer Eric Barber who wants to re -pin in the field and draw up a new sketch, noting that the language for the easement is fine. Greens Hill — Parcel 27X Gardner mentions that at the last meeting, the Committee had agreed to draft a letter to the Mayor on Parcel 27X. Gardner met with the Mayor prior to a letter being sent. Gardner originally addressed this parcel in 2005. Maxner reiterates that the Mayor had asked for an updated Open Space Reference plan with trail map. Menezes reiterates that 27X is a high priority for the Harbor Management Authority (HMA), noting that the HMA has a pool of money that could fund the title examination if that will help expedite this process. Open Space & Recreation Committee April 6, 2011 Meeting Minutes Page 5 of 6 Mann notes that 27A is privately owned and is sitting stagnant. He asks if funds could be raised privately to buy this parcel since that is where the trail should go and it appears to be impossible to build on that lot. Gardner agreed that it should be explored. McCrory notes that this is a good example where Community Preservation Act funds could be used. National Grid — Trail and Stream Crossing & 44 -46 River Street Proiect Maxner reports that the trail and stream crossing at the substation off of Boyle Street could be leveraged with the National Grid's current project on River Street. She explains that Grid is not proposing public access for Chapter 91 on the River Street facility. She reports that the Conservation Commission was going to reconvene its hearing last night but the peer review consultant needed additional time to finish the report so the hearing will be continued on April 26. Matz recalls he was going to ask his contact at National Grid who is the best person for Maxner to talk to at the utility. The person she has been working with recently has not been responsive. Community Preservation Act (CPA) McCrory reports that there has been no activity since the last CPA meeting in January. Information from the meeting minutes addressed how to use the promotional materials that Gloucester developed and she will forward that to the Committee. She notes that they tried to set up a meeting for March 24 but they were not able to meet. She reports that their meeting with the Mayor was positive and she encourages the Committee members to contact their Ward Councilors to start talking about this with them. Maxner has a bulleted list of talking points about CPA and will forward to the Committee. Other Business Chapman's Corner/Manor Homes at Whitehall — Access Pathway to Open Space Parcel - Update Maxner reported that project engineer Bob Griffin staked out an alternative access pathway in the field that is safer due to less slope. He is waiting for Dave Carnevale and Henry Bertolon to take a look. She was notified today that they said it was fine. Leah Zambernardi and Maxner are going to schedule a site visit with B. Griffin this week or next. Gardner explains that Scott Houseman, attorney for the Beverly Conservation Land Trust, is concerned that only one cut be made in the wall and that preferably the original break in the wall should be used. Maxner states she will address this while on the site visit. Watershed Protection Overlay Ordinance — comment letter to City Council Maxner states she is finishing Conservation Commission's comment letter and will forward it to the Committee. Matz agreed to get a draft of the Committee's comment letter to Maxner before Open Space & Recreation Committee April 6, 2011 Meeting Minutes Page 6 of 6 Friday that states its position in time to meet the City Council deadline. Discussion ensued on how the Water Board was not supportive of the draft changes to the Ordinance. Pole Swamp Lane Maxner states she emailed B. Munroe again and didn't receive a response regarding the transfer of land from City ownership to Conservation Commission jurisdiction out on Pole Swamp Lane. Coffey states the Committee sent a letter to the Mayor and B. Munroe said it would be taken care of by his office, however no progress has been made to date. Coffey agrees to send an email to B. Munroe to inquire as to the status of this matter. Earth Day Nature Walks 2011 — Review upcoming events & schedule Maxner will provide the Committee with colored copies of Earth Day Nature Walks 2011 flyer. Information will be posted on Beverly's main website, the Open Space website and hard copies will be placed at the library. She will contact newspapers two weeks ahead of time. Executive Session to Discuss Parcel Acquisition Brewster moved to adjourn the regular session at 8:43 p.m. and not return to regular meeting and to go into executive session to discuss parcel acquisition. Matz seconded motion. Bill Squibb recused himself since he had a conflict of interest with the owner of the parcel to be discussed and left the meeting. Roll call vote: Liz Dunne, aye, James Matz, aye, Dave Brewster, aye, Nancy Coffey, aye, Dave Gardner, aye, Sylvan Menezes, aye, Marilyn McCrory, aye, Sue Beaudoin, aye. Gardner states the executive session minutes would not be made public until the matter is resolved. Next meeting agenda items and scheduling The Committee's next meeting is scheduled for May 4, 2011.