2015-05-06CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
Open Space and Recreation Committee
May 6, 2015
Charlie Mann (Chairperson participating remotely via
conference call), David Brewster (Vice Chair), Elizabeth
Dunne, David Gardner, Barbara King, James Matz, Marilyn
McCrory, Sandra Stacey, Bill Squibb
David Long
Amy Maxner, Environmental Planner
Allison Crosbie, Associate Planner
OTHERS PRESENT: Miranda Gooding attorney with Glovsky & Glovsky, Chris
Weld and Dick Prouty, Mike Rosati of Marchionda
Associates, Rachel Abell of Ayers PTO
RECORDER: Jane Dooley
Acting Chair Brewster calls the meeting to order at 7:00 p.m.
Principal Items of Business
Project Adventure Application for ZBA Variance for lot at Moraine Farm — Discussion with
Project Adventure Representatives
Miranda Gooding, attorney with Glovsky & Glovsky, introduces herself and Chris Weld and
Dick Prouty_of Project Adventure (PA). She explains the PA has applied for a variance from the
frontage requirement due to the Moraine Farm property having unique circumstances related to
the presence of an Agricultural Restriction along the frontage of the property, and financial
considerations as there are significant maintenance costs associated with the property. She notes
that a Conservation Restriction encumbers the property and is held by TTOR and ECGA which
includes building envelopes for single family houses, this lot being one of them.
Gooding explains there is a present financial hardship for PA that is impacting its current ability
to maintain the property and affecting its operations. The property requires substantial upkeep to
maintain the historical integrity of the existing structures and the gardens. The sale of the lot
would ensure that PA continues to be one of the stewards of the property along with TTOR,
ECGA, Batchelder family, and Waldorf School.
Chris Weld, describes PA's 40 year history (educational concept largely for youth groups and
some corporate groups), operation in main house, location of team building exercises, its intent
to stay at property for the long term, and $100,000 annual cost to maintain property. He states
PA's best chance to preserve open space at the site is to allow the variance. Also, that PA has had
Open Space & Recreation Committee
May 6, 2015 Meeting Minutes
Page 2 of 4
many conversations with TTOR to sell the building envelope at a discount, noting that PA and
TTOR had a P &S signed within 2 weeks a year before until the Agricultural Restriction was
determined a limiting factor.
Chris Weld explains that PA feels that the variance is the best way to preserve the property in its
natural state, and it has potential to be conveyed to TTOR once placed on the open market. If it is
not divisible and variance is not granted, PA has a need to develop the building envelope in the
location of Lot A to ensure PA's financial viability. If the variance is not granted it becomes very
difficult for PA to maintain the existing home. In that scenario PA's operation would most likely
move from the existing mansion to the building envelope that is allowed on Lot A for a PA barn
as approved in CR terms.
Discussion ensues about market value of the property (estimated at $340,000) with the hope that
TTOR would buy the property and proceeds to retire debt on PA's second mortgage and resolve
its operational situation.
Extensive discussion ensues as to the options available to PA to keep ownership and maintenance
of the property, with Mann suggesting that Trust for Public Land be brought to the table to aid in
a bridge loan for the property as a whole instead of a piece meal approach. Weld explains the
ongoing conversations that PA has had with TTOR about right of first refusal, a larger transaction
where PA would be a tenant at the property although this is complicated due to CR. He also
explains the possibility of a sale with an occupancy agreement which is not attractive for TTOR
since it does not take land with a mortgage. PA had constructed a deal with a third party where
TTOR would get the property for free over time with a vesting concept that was objectionable to
TTOR although the third party would be responsible for retirement of debt. PA is still in
discussions with TTOR about selling property to TTOR and PA being a tenant but major focus
has been to work with TTOR to preserve property and making sure PA organization continues.
Gooding describes that TTOR is slow to react or initiate unless the situation is immediately
pending. PA's necessary timetable could force the organization to go in another direction to
ensure it is viable financially. Gooding notes that PA is going back to the ZBA on May 26 and is
asking that the OSRC take a neutral position on the variance noting that the variance criteria is
onerous unto itself.
Discussion ensues revisiting the points raised thus far, with members unsure as to their personal
position on the matter.
McCrory moves to table the discussion and reschedule to another date to be determined but
before the ZBA meeting on May 26. Seconded by Gardner. Roll call vote: Brewster, aye,
McCrory, aye, Mann, aye, King, aye, Gardner, aye, Stacey, aye, Squibb, aye, Matz, aye. Maxner
will canvass the Committee by email to determine a date.
The OSRC thanks Gooding, Weld & Prouty for their time and will be in touch with a date for a
special meeting prior to May 26t
Mann thanks everyone for allowing his remote participation and disconnects from the meeting.
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May 6, 2015 Meeting Minutes
Page 3 of 4
Dunne arrives at 8:20
Planning Board Request for Comments — OSRD Site Plan Application, modified conceptual
plan — Standley Street Gardens
Mike Rosati, engineer for Marchionda Associates, addresses the Committee and describes the
OSRD site plan application for Standley Street Gardens. He notes that Planning Board requested
that Concept #2 and #3 be combined to address the Board's concerns regarding site line
distances. He refers to Concept #4A, which was presented to and incorporates comments from
the Conservation Commission last week.
Discussion ensues on how a gravel road would be extended from end of the paved roadway to
connect to the Conservation land, as well as water service that would be provided to lot line.
Committee members discuss Concept 4A and how it compares to the OSRC's preferred plan
during its first review. Members agreed this plan still provides for a large portion of the
undisturbed forested part of the site to remain as open space.
Gardner moves that the Committee recommends Concept #4A to the Planning Board to include
an 18' of gravel way to connect to conservation land, extension of water main to property
boundary, installation of a walking trail within the open space at the rear of Lots 1 — 4 to allow
for a direct connection to the right of way across the street, and transfer ownership of the
subdivision open space to the Conservation Commission. Seconded by McCrory. The motion
carries 8 -0.
Acceptance of Previous Minutes: April 1, 2015
Members provided Maxner with amendments for April 1, 2015 minutes. McCrory moves to
accept the minutes for April 1, 2015 as amended. Seconded by Dunne. The motion carries 8 -0.
Other Business & Updates
Semi - Annual Report to City Council — Recap of presentation
McCrory notes that the Council had thanked Committee for its hard work and didn't have many
questions relative to the Semi - Annual Report.
2015 Earth Day Walk Events — Recap on events so far
Stacey reports on Trails and Tails walk with four people signed up and one participant who was
new to the area. Future coordination for this walk will be done more extensively with Beverly
Dog Park. There was also mention about how Montserrat College of Art has installed artwork in
Beverly Commons (ECGA land) and possibility of using this for a walking tour. Brewster notes
that Darren Brown's waterfront walk was very successful and well received.
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May 6, 2015 Meeting Minutes
Page 4 of 4
Community Preservation Committee (CPC) — Update on 2 nd Round Application Process, &
OSRC Pre - Application Re: Map 19, Lot 27A
Maxner states that the City received an appraisal for Lot 27A of $50,000 based on fact that pork
chop lot has expired and it renders property unbuildable. Planning Director Aaron Clausen,
Maxner, Gardner and Mann have an appointment with the owners on May 12. Members discuss
the viability of a CPA application for this 2nd Round due May 8t Maxner notes the likelihood of
coming to an agreed purchase price is low in time for that deadline but reminds the Committee
that the CPC has an out -of -cycle application process, which this could qualify if negotiations
with the Ewings move forward.
Discussion ensues with Rachel Abell of the Ayers PTO, who is working with Mann on the
Greens Hill Trail Improvement CPA project. She notes the project consists of creating a trail
loop at Ayers Ryal Side Elementary School, wetland bridge, signage to identify 27X as public
land, granite benches or picnic tables behind school.
Planning Board Update
Matz provides an update on Planning Board matters. He notes that the Brimbal Avenue Whole
Foods special permit is under appeal by the citizen's group; Standley Street pork chop lot special
permit is being appealed by Waring School; Foster Street subdivision yield plan was approved,
and the OSRD plan will be refined for the definitive application; Standley Street yield plan has
been approved with OSRD conceptual plans are being refined based on input from OSRC and
Con Com.
Planning Board Request for Comments — OSRD Site Plan Application, initial review for 50
& 54 Boyles Street — Symes Development & Permitting, LLC
Matz notes that the Boyles Street subdivision yield plan will be reviewed at the May meeting,
but discussion on the OSRD plans will be discussed at a later date. Based on that timeline, the
Committee agrees to place this for discussion on the June meeting agenda.
Adjournment
There being no further business to discuss, Gardner moves to adjourn at 9:18 p.m. Seconded by
McCrory. The motion carries 8 -0.
The next regular meeting of the Beverly Open Space and Recreation Committee will take place
on Wednesday, June 3, 2015 at City Hall, 3 d Floor Conference Room at 7:00 p.m.