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2013-12-12CITY OF BEVERLY PUBLIC HEARING MEETING MINUTES BOARD OR COMMISSION SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Community Preservation Committee December 12, 2013 City Hall, Third Floor Council Chambers Wendy Pearl, Marilyn McCrory, Henry McDonough, Lincoln Williams, Heather Buchsbaum and Darien Crimmin John Thomson Environmental Planner- Amy Maxner Amy Maxner Pizzo, Leland Richter, Robert Pearl calls the public hearing to order at 7:00 p.m. and welcomes attendees to the Beverly Community Preservation Committee's (CPC) inaugural public hearing to introduce the draft CPA project evaluation criteria and hear from the public on ideas relative to Beverly's community needs in open space, historic preservation, community housing and recreation. Members of the CPC introduce themselves noting their representations to the Committee. Pearl asks how attendees heard about the hearing, noting that the informational mailing arrived later than expected. Pearl turns to a power point presentation and explains the main agenda items and meeting format. She encourages attendees to follow along with the presentation on the handouts provided for their reference. She hands the presentation over to McCrory for a brief explanation of CPA. McCrory provides an overview of the CPA and its adoption by Beverly voters in the November 2012 election at a 1% surcharge on local real estate taxes. She explains that the CPA allows communities to establish a dedicated fund that can only be spent on open space protection, historic preservation, community housing and recreation. This local fund is supplemented by an annual disbursement by the State Community Preservation Fund. She explains the process of adopting the local Ordinance that established the CPC, which is comprised of nine Beverly citizens — 3 at -large seats appointed by the City Council and 6 seats from various boards and commissions throughout the City. Pearl notes the requirement of setting aside or spending at least 10% of the funds on each of the three main categories, up to 5% on administrative costs and the remaining funds banked into a general reserve account that can be spent on any of the three categories as well as outdoor recreation. Pearl moves on to explaining the functions and duties of the Community Preservation Committee as required by the State Statute and the local Ordinance. She notes the CPC is charged with establishing guidelines for evaluating project proposals to ensure that the projects are compliant with the CPA and meet the local criteria that have been drafted. She explains that the CPC makes recommendations to the City Council as to which projects to fund and at what level, noting that the City Council's actions on the CPC's recommendations are limited to: approving the recommendation, approving a project at a lower funding amount or rejecting the recommendation. She provides an overview of the CPC's FY 2014 budget that has been approved by the Council. Pearl turns attention to the Allowable Uses Chart that details what CPA funds can be spent on. She explains that the chart lists specific definitions: acquire, create, preserve, support, rehabilitate and restore as they relate to open space, historic resources, recreational land and community housing. She emphasizes the important utility of this chart, noting that a project needs to fit into one of the "Yes" boxes in order to qualify for CPA funding and that a project could possibly fit into more than one box. Pearl turns the presentation to the draft Project Evaluation Criteria explaining that along with over - arching General Criteria, each CPA interest has its own set of category specific criteria. She now turns the presentation over to Heather Richter to introduce the General Criteria. Richter provides an overview of the 10 General Criteria which address projects on a broader level to ensure that the project is compliant with applicable laws, is consistent with the various existing City plans, serves a clear public benefit and leverages additional funding sources. She notes that projects addressing multiple criteria will be given preference. Pearl turns to Robert Buchsbaum to present the Open Space Criteria. Buchsbaum notes that the existing Open Space & Recreation Plan is a good starting point on how open space projects are evaluated as this Plan contains the City's priorities relative to open space protection. He notes that criteria l.a. gears toward methods of protection and l.b. gears towards what should be protected. He gives a brief overview of the 10 criteria, noting some of the priorities involving preserving or expanding waterfront and public access thereto. Pearl explains that the CPC researched other CPA communities to get a sense of how others are evaluating projects and notes that Gloucester, Peabody and Newburyport were great resources to use as a starting point. Pearl turns to the Historic Preservation Criteria and explains that she is the designee from the Beverly Historic District Commission (BHDC), which for the purposes of the CPA acts as the Historical Commission. She notes that the Historic Preservation Category is a bit different than the rest of the categories because historic resources must be designated as historically significant by either their listing on the State Register of Historic Places or determined so by the BHDC. She explains that the BHDC is in the midst of developing a process and application materials by which CPA applicants can obtain a determination by the local Commission. She provides an overview of the 7 criteria. She notes the concluding paragraph under this category that sets forth the statute's requirement that all historic preservation projects must be carried out in accordance with the US Secretary of the Interior's Standards for the Treatment of Historic Properties. She explains that historic projects can be very complex and often require oversight by qualified professionals with expertise in proper methods for authentic restoration of historic resources. Community Preservation Committee 12 -12 -13 Public Hearing Meeting Minutes Page 2 of 6 CPA funds can provide money to cover the cost of hiring such an expert to oversee a project to ensure that it is being carried out in compliance with the Secretary's Standards. Pearl turns the presentation over to Lincoln Williams to introduce the Community Housing Criteria. Williams states that the Community Housing category is perhaps the most flexible category and CPA funds can be spent on all of the actions that can be taken under the verb definitions in the Allowable Uses Chart. He notes that the thrust of the category is to encourage development, redevelopment and improvement of the low and moderate income housing stock in Beverly. He explains the 8 criteria, noting that the qualifying income for affordable housing is less than 100% of the median household income, which is about $55,000. He notes that an important component of these criteria is to ensure long -term affordability of a property or unit and avoid "expiring use" scenarios. He notes that housing project examples are available on the Community Preservation Coalition's website and there are a lot of very creative approaches taken by CPA communities relative to community housing. He encourages everyone to visit the Coalition's website as it is a great resource to draw from. Pearl turns the discussion over to Henry Pizzo to introduce the Recreation Criteria. Pizzo provides an overview of the 7 Recreation Criteria, noting that providing recreational opportunities to as wide a group of users as possible and including universal access was a priority for the CPC. Pearl thanks members for their presentations and turns attention to the open forum and Q &A session, noting that this is the CPC's chance to hear from attendees relative to the Criteria first and then about over all possibilities for Beverly and project ideas. Peter Johnson, 677 Hale Street, thanks the CPC for all its hard work and inquires as to timing of fund collection and when funds can be spent, noting that he understands that funds will be collected during the January and May tax bill cycles. Pearl notes that the funds will be available in the fall of 2014 and the CPC anticipates announcing approved projects in early November 2014 at which point funds would be ready for disbursement. She goes on to explain that the CPC anticipates developing a process for expedited review for projects that arise and have immediate funding need due to threat of sale or some other pressing reason. Johnson asks if there is a requirement that all of the funds be spent each year, or is there a possibility to bank funds for future projects. The CPC confirms that banking for future projects or larger project budgets can be done. McCrory introduces the Application Flowchart that was part of the handouts. She explains the timeline that the CPC anticipates for receiving applications and performing its due diligence in reviewing the proposals. Rosemary Maglio, resident of Pleasant Street, asks if it is possible to extend the public hearing, as people didn't get the mailing until today. Pearl notes that the mailing was significantly delayed as it was supposed to arrive in mailboxes before Thanksgiving. She states that the CPC will consider this if extending the hearing is warranted. McCrory explains that the CPC had published press releases, legal notifications, website posting and email communications in publicizing this hearing. Community Preservation Committee 12 -12 -13 Public Hearing Meeting Minutes Page 3 of 6 Bruce Doig, Director of Parks & Recreation, thanks the CPC for all its efforts in administering the CPA and believes that CPA is a great opportunity for Beverly to enhance the quality of life in Beverly and he looks forward to the developing possible projects in recreation and particularly the Lynch Park Carriage House in the future. Peter Johnson, 677 Hale Street, asks if the BHDC making historic significance determinations is a new function of the Commission. Pearl states that it is a new function noting that the assessment will be based on the National Register Criteria, which are tried and tested standards. She explains that it is possible for locally significant resources be listed on the National Register, so the BHDC will adopt those Register standards as it moves forward. Johnson notes he was very glad to see the allowance to adaptively re -use historic properties as opposed to freezing their use in time. Pearl notes that she neglected to recognize elected officials in attendance and introduces Ward 4 Councilor Scott Houseman and Ward 2 Councilor -Elect Estelle Rand. Rand thanks the CPC for all its hard work and inquires as to whether departments of the City can apply for funds. Pearl affirms this. Houseman asks if the CPC is aware of the status of the Cabot Cinema. Pearl notes the Cabot Cinema has never been inventoried as an historic property but is the same era, style and builder of the Sommerville Theater. Therefore the BHDC would have to make a determination as to its significance. Houseman asks if there is a process to get this building inventoried and if so, he imagines that process would be time consuming and expensive. Pearl encourages everyone to attend the next BHDC (date to be determined) at which an application process will be discussed. She envisions that the local determination process would not be too arduous for most applicants and there would not be a need to hire experts in that phase as long as sufficient documentation can be provided to the BHDC to make an informed decision. Ann Nichols, resident of Common Lane, asks if, relative to the Open Space & Recreation Plan, this Committee's role will be initiating open space projects under CPA. She also asks if CPA money can be used to clear title of owner unknown land. McCrory explains that the CPC has had extensive discussion as to whether it would be initiating and overseeing projects and it was decided that was not the CPC's role, rather it would be the body that reviews and recommends projects that are brought forward by other entities such as the Trustees of Reservations, the Open Space & Recreation Committee etc. Buchsbaum responds to the second part of the question noting that title searches are a possible eligible expenditure. Discussion ensues as to the process for title search process as it relates to tax title properties. Nancy Clark, Colon Street, asks for a clarification on what an historic inventory is. Pearl describes the process of an inventory, noting that a town reconnaissance survey is carried out and Beverly's was completed in the early 80's. She notes that at that time, due to the 50 -year rule, properties or structures from the 1930's era did not make it into the survey. She states that perhaps a new survey could be funded through CPA, which could result in extending local historic districts, nominating new properties etc. Community Preservation Committee 12 -12 -13 Public Hearing Meeting Minutes Page 4 of 6 David Gardner, Open Space & Recreation Committee (OSRC) and Lynch Park Carriage House Advisory Committee, notes that the OSRC does have an inventory of all the tax title and owner unknown lands and has a priority list for certain parcel acquisition. He asks for clarification as to whether a CPC member would be vocal advocate for a project that fell within that person's particular area of expertise or representation. Discussion ensues. McDonough notes that in his research of other CPA towns, it has become clear to him that input from the public is of the utmost importance and that avoiding conflicts of interest is always required. Williams explains that as part of the Ordinance process, which he took part, that group was very cognizant of keeping the membership on the CPC as broad and open to the residents as possible. He thinks that it is important to keep in mind that this is the first time with this process and there is a learning curve that will inform the process later. The CPC affirms the importance to ensure that no CPC member has a direct conflict of interest or holds a personal gain in the advancement of a project, but that it would be expected that all members actively provide their input and lend their expertise to the evaluation process. David Gardner asks if there is any application forms available. Pearl notes that there will be a two -phase application process with an eligibility form to start the process to make sure that a project qualifies for funding by using the Allowable Uses Chart. She explains the CPC will be finalizing the forms at its next meeting on January 9, 2014. David Gardner asks if historic projects absolutely must follow the Secretary of the Interior's Standards and would hate to see the restoration of the Lynch Park Carriage House that is on going and planned for the future not be eligible for CPA funding. Pearl notes that following these Standards is a requirement of the Act and notes that the BHDC has sent a letter to the Lynch Park Advisory Committee and the Parks & Recreation Commission asking for better collaboration on this project to make sure the Carriage House is restored appropriately. She emphasizes that adaptive reuse is perfectly allowable so there is room for allowing that building to have an active life. Houseman asks if a project can address more than one of the criteria in the Allowable Uses Chart would it get preference for funding. Buchsbaum explains that while addressing multiple criteria is attractive, the CPC will carefully consider all projects on their own merits and will not necessarily rule out projects that address only one criterion as it might b. Molly Benson, 191 Brimbal Avenue, asks if any portion of the Water Street area where the proposed Black Cow is slated is historically preserved or designated. Pearl explains that the only historic district in Beverly is the Fish Flake Hill area, which is where all of the captains lived. Wes Ward, Trustees of Reservations, congratulates the City for adopting the CPA, as participation by cities in the program will help sustain it. He notes that under Open Space Criteria, preserving wildlife habitat can be achieved by removing invasive species that is threatening the habitat and asks for clarification as to whether invasive specie removal is an eligible project. Buchsbaum responds that this activity could come under "restoration" as long as the property was acquired or protected with CPA funds. Pearl notes that I. a. 4 th bullet adopts Community Preservation Committee 12 -12 -13 Public Hearing Meeting Minutes Page 5 of 6 the language under rehabilitation and restoration, which speaks to making the asset functional for its intended use. Estelle Rand suggests that CPC send out request for proposals and encouraging organizations to partner as well as sending out invitations to the various organizations and departments. Dave Gardner dove tails this comment by suggesting the CPC list resources and potential organizations and entities that applicants can partner with. Peter Johnson notes that other grant agencies like to see Beverly has an invested interest in projects and has funds of its own to place on the table. Discussion ensues as to the process for bonding projects. Rick Marciano, Mckay Street, explains an existing right of way from Lynch Park to Rice's Beach, which is now blocked in the middle by a property owner and asks if this is an issue that the CPC can address. Pearl explains that if a specific proposal for funding related to this can be assembled that meets the criteria can be considered for funding. McCrory clarifies that this sounds like an encroachment issue that should be addressed perhaps through the OSRC. Peter Johnson explains a recent conversation he had with the former City Clerk that had a small annual budget to protect and preserve vital City records but it is unclear if there are any appropriations made to continue this effort, but can be funded by CPA. Pearl notes that there aren't any further comments she turns to reviewing the application flow chart explaining the tentative deadlines for submission and expected timeline for recommendations to be made to the City Council for funding projects. She reminds everyone of the ability to submit written comments to the CPC through December 20, 2013 at noon. There being no further comments or questions, Pearl concludes the meeting and thanks everyone for attending this evening. She reminds everyone of the next CPC meeting on January 9, 2014 at encourages them to continue to be part of the process and visit the CPC's website for upcoming meetings and events. The meeting is adjourned at 8:35 p.m. Community Preservation Committee 12 -12 -13 Public Hearing Meeting Minutes Page 6 of 6