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2013-01-02CITY 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 January 2, 2013 Charlie Mann (Chairperson), Nancy Coffey (Vice - Chairperson), David Brewster, Elizabeth Dunne, David Gardner, James Matz, Marilyn McCrory Pam Kampersal, Bill Squibb Andrea Bustolin, observing meeting Jane Dooley Chairperson Mann calls the meeting to order at 7:09 p.m. Acceptance of Previous Minutes — December 5, 2012 Members review draft December 5, 2012 meeting open session minutes and provide amendments to Coffey and Dooley. Members also discuss difference between easement and right of way. Brewster moves to accept the minutes as amended with changes from members incorporated by Coffey and Dooley. Seconded by Gardner. Motion carries 6 -0 -1 with Matz abstaining since he did not attend the December 5, 2012 OSRC meeting. Board members introduce themselves to A. Bustolin. Principal Items of Business Parcel/Linkne List for Land & Trail Access /Acquisition — Update from Sub - Committee Mann provides update from Sub - Committee and states that no meetings have occurred since the last OSRC meeting. He notes that he is in the process of setting up meetings with J. Dunn and R. Gelineau to communicate Committee's interest in tax taking parcels and access to Tanzella Hill. Discussion ensues about need for action list, including one developed by Gardner for Sub - Committee on November 21, as next step and the need to prioritize the parcel /linkage list with deadlines (i.e., end of February). Sub - Committee members Mann and Dunne agree to review Gardner's email. Community Preservation Act — Discussion/Next Steps — Project Identification McCrory mentions that she does not have an update since she did not attend the City Council meeting addressing next steps for CPA on December 17 including organization of an ad hoc Open Space & Recreation Committee January 2, 2013 Meeting Minutes Page 2 of 5 committee that would write the ordinance to implement the law in Beverly. The ordinance will address number of committee members from five to nine, how members would be appointed and length of terms. McCrory, Robert Buchsbaum and Wendy Pearl who were involved in the original committee that promoted adoption of CPA to City residents would be appointed and the City Council will appoint other members to the ad hoc committee. McCrory offers to call her City Councillor to find out what occurred at the December 17 City Council meeting. She offers to contact the coalition to identify what types of projects CPA funds can be used for. Mann mentions the hope that OSRC will have representation on CPA Committee and he recommends forwarding letter written to the Mayor to the committee once members are selected. McCrory explains that once ordinance is written then a CPA plan would be developed for Beverly and the CPA surcharge will start being collected by the City after July 1 st Sally Milligan Park — Discussion Re: Fort Structure Brewster describes how he met the 19 year -old architect /builder of fort structure at Sally Milligan Park and discussed the fort while notifying the young man that he should cease and desist any more construction on the structure that was built last March. He adds that R. Buchsbaum spoke to the individual as well who is interested in earth science. Also, he informed the young man that the OSRC would be discussing the fort structure at tonight's meeting and Brewster had told the builder not to come the meeting since he thought the Committee would be discussing this to come to a consensus. Members note that they believe the Committee should discuss the topic first before bringing in the fort builder to an OSRC discussion. McCrory states that she believes the fort structure should be removed sooner than later since it is an inappropriate use of public land and resource. Discussion ensues about how youth are inclined to build these structures, that this can spark interest in future career paths (i.e., architecture, construction), and in Beverly since it is primarily urban there are not many locations for a fort to be built. Mann states his belief that in an urban area with a small amount of public open space, people shouldn't be building structures. Discussion follows about if there are public safety issues with this structure and other similar forts found in various locations in the City. McCrory mentions the importance of preserving the woods rather than having structures that could potentially be intimidating to people walking through the open space. Coffey concurs and refers to the possible perceived threat by walkers viewing unauthorized campsites that have been located at the Phillips estate. Discussion ensues about how the individual who built the structure could help organize the removal of material to the edge of Sally Milligan Park for pickup by public works department or if this should done through an Eagle Scout project. Dunne mentions that Scouts did trash pickup at the park in December. Members note that Gardner and Buchsbaum could contact troop leaders about this project. Dunne offers to contact scouting representatives she knows about projects. Discussion addresses whether or not to allow the structure to remain at the park so the individual who built it can attend the next Committee meeting. The Committee reviews how the material for the fort structure could be removed, possibly spread out throughout the park, or brought to Open Space & Recreation Committee January 2, 2013 Meeting Minutes Page 3 of 5 the road for the City to dispose of Members explain to Bustolin that the wooded area is not monitored by the police department. Gardner moves that the Committee approach the gentleman and request that he remove the fort material moving it to the road suitable for DPW pickup, and if that is not possible OSRC can get him some help, seconded by Coffee. The motion carries 5 -1 -1 with Brewster opposed and Matz in abstention. Discussion ensues about if individual should attend next OSRC meeting to discuss this structure with Committee when member consensus is to get rid of the fort. Some members state that they consider it valuable to have the fellow come to the meeting. Discussion ensues about how the structure is visible from the road when there are no leaves on the trees. Potential Eagle Scout Proiects — Establish Priority List Discussion reiterates that Dunne will contact scout leaders about potential Eagle Scout projects. Mann offers to contact Eagle Scout Matt Akerman that he worked with to blaze trail near Sweeney's greenhouse. Brewster mentions that Eagle Scout Gabriel Buchsbaum is currently involved in an Eagle Scout project and he offers to contact R. Buchsbaum for names of scouts. Mann lists project ideas including finishing Juniper /Tanzella Hill trail as well as the trail into 27X on Greens Hill. Committee also discusses work done with Roland Adams to GPS Fox Hill trail and Mann suggests that another trail could be done in the area. Members also mention that scout projects could be done on Bass River and Fall Hill in Centerville. In addition, members note that girl scouts may also be interested in projects and Coffey offers to investigate. Earth Day Nature Walks — Discussion/Planning Events for 2013 Discussion ensues about Earth Day Nature Walks where Committee agrees that walks would involve geology, history, tree and /or wildflower identification, birding and a coast walk that could include tide pools or damselflies. Members try to narrow down focus of walks so topics are not too wide - ranging creating a long timeframe for walks where walkers may not be able to complete walks if they are hours long. Coffey offers to contact Erika Sonder, who will identify the walk she would like to do, and introduce Matz to Ed Myskowsky regarding a geology walk. Coffey suggests that she could do a history walk at Lynch Park. McCrory agrees to contact Buchsbaum for the coastal walk. Members also consider walk possibilities at Tanzella Hill (geology), Moraine Farms, Phillips Estate and Norwood Pond (tree identification and birding). Brewster mentions that he and Darrin could do a birding walk at Shoe Pond that would incorporate some history. Brewster excuses himself at this time and leaves the meeting. Other Business Committee Remembrance for Sylvan Menezes — Update Discussion ensues about the need for the Committee to have a harbor walk park plan to review in order to assess what OSRC would like to do with bench plaque as a remembrance for Sylvan Menezes. Mann specifies that before the Committee can make any decisions on the plaque and Open Space & Recreation Committee January 2, 2013 Meeting Minutes Page 4 of 5 where it would be attached, OSRC needs to understand what material would be used for the bench, as well as the size of the bench and plaque (which Mann recommends should be bronze for durability). Mann offers to send Maxner an email about access to park plan. Once the details are known, Dunne states that she will contact Maxner and ultimately Menezes' widow Karen to determine language for the plaque. Other Business Brought Forward by Committee Members Coffey summarizes deed research she has done identifying that Maple Avenue was a private way and when condominium developer on Water Street bought the land from a chemical company it included Maple Avenue. Coffey described information she had researched at the Registry of Deeds regarding the laying out Pole Swamp Lane from Preston Place to Valley Street and the deeded easements from owners in 1907 and 1908 granting right of way to abutters and subscribers. She said she found evidence that Pole Swamp Lane was completed in 1908. She also stated that the 1951 deed to parcel 62 -54 (Valley Street) does not mention the easement nor is it included in the plan of the property and that current deeds do not show it. Coffey concludes that Pole Swamp Lane is like Bathing Beach Lane in that it is a private way granting right of way to abutters and that the City's claim would be as an abutter. Mann mentions a court ruling on land transactions in Falmouth that revert back to the earliest deed that might refer to abutters having access to a private way and this could apply in Beverly where the City is an abutter. Mann also noted that Pole Swamp Lane, including the entry to Valley through 62 -54 (Williams' property), is still shown on maps. Gardner noted that the fenced laneway is still visible on the property. Discussion addresses a nearby 19 -acre parcel for sale with conservation restriction and how it does not provide public access. Members try to understand if there is a path on Pole Swamp with a right of way that would provide public access for City residents and if it is goes clear through from Pole Swamp to Valley Street. Mann suggests a topic for meeting OSRC members plan to schedule with R. Gelineau is to reach resolution on access for City residents on private ways to or through to City land. Gardner questions if CPA funds could pay for lawyer to research public right of way deeds. Discussion addresses how to ensure City does not lose public access in transactions and to re- establish City's right of ways relative to access from Valley Street to Pole Swamp since it was once in the deed. Coffey offers to write a letter on deed references and email information to Mann about how to access deed information online (i.e., by book and page). Updates Bathing Beach Lane — Right of Way Access Mann notes that meeting is needed with R. Gelineau. Open Space & Recreation Committee January 2, 2013 Meeting Minutes Page 5 of 5 Greens Hill — Parcel 27X Mann notes that meeting is needed with I Dunn. Other rights of way and /or open space matters /issues Mann mentions that OSRC has already discussed Pole Swamp quite a bit. He emphasizes the value of researching the deeds. Dunne references acreage at Fox Hill that was deeded to ECGA in 2001 and she adds that small pieces may not be registered. Next Meeting Agenda Items of Business Mann recommends that the OSRC determine broad goals for the upcoming year including refining the parcel list. Discussion ensues about importance of Committee members attending meetings regularly or consideration of resignation if that is not possible; especially in the light of the fact that the Committee is down a few members from its total of 12 including from Harbor Management and Parks and Recreation. Mann notes that this was discussed at the City Council meeting where he presented Committee's semi - annual report. Gardner suggests writing a letter to Parks and Recreation and Harbor Management about need for OSRC members. Mann notes that new members should be recruited before OSRC starts cutting back. Discussion ensues about existing OSRC member affiliations by ward and other City boards including Planning Board, Conservation Commission, etc. Scheduling The Open Space and Recreation Committee's next meeting is on February 6, 2013. Matz motions to adjourn, seconded by Dunne. The motion passes 6 -0 (Brewster left the meeting before adjournment.). Meeting adjourns at 9:10 p.m.