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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. Open Space & Recreation Committee 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. Open Space & Recreation Committee 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.