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08-11-16 CPC Minutes REVISEDCITY OF BEVERLY PUBLIC MEETING MINUTES COMMITTEE OR COMMISSION: Community Preservation Committee SUBCOMMITTEE: DATE: August 11, 2016 LOCATION: Beverly City Hall, 191 Cabot Street MEMBERS PRESENT: Wendy Pearl — Chair, Marilyn McCrory — Vice Chair, Heather Richter, Jon Paddol, Christy Edwards, Robert Buchsbaum, and James Matz MEMBERS ABSENT: Thomas Bussone OTHERS PRESENT: YMCA abutters Randy Warren, David Foss, YMCA Executive Director Judith Cronin, Beverly resident Leslie Houghton Pearl calls the meeting to order at 7:00 p.m. Pearl welcomes members of the audience and asks for introductions all around. Audience members are here for specific projects, so Pearl turns attention to any CPC business members would like to discuss. Edwards asks for clarification on the FYI budget and funds available for 3 d Round projects. Pearl responds that generally, the CPC has separated the next year's budget from the current round and only worked out of the previous fiscal year funds for each funding round. YMCA Fitness Trail Proiect Pearl turns attention to the YMCA project, noting that neighbors are in attendance. She welcomes Judith Cronin, YMCA Executive Director. Buchsbaum arrives. Cronin explains that she mailed invitations to all the neighbors to arrange a 1:1 meeting with her to discuss the Y's master plan, and she has met with 6 neighbors so far. She acknowledges that the fitness trail has no formal design as the Y cannot allocate resources for a project that is not yet funded. She notes that the Y would be happy to go through a design process but it would be conceptual. She explains that the Y is not averse to an easement but would need to review the proposed language, noting that a portion of the property is within a paper right of way held by the City. She acknowledges the neighbors' concerns about changes in the landscape and parking, and the Y will be as sensitive as possible in that regard. Cronin goes on to explain that the master planning process is in the private fund raising phase and the Y is currently working closely with its largest donors, so it has been a sensitive phase. Pearl welcomes the neighbors to comment and then the Committee will ask their questions. Randy Warren, 278 Essex Street, explains that other neighbors have not been able to meet with Ms. Cronin, but that there are no specifics offered by the Y on this project. He would like to review the easement language and look over a plan that shows locations of the trail and fitness stations. Pearl responds that there is template language for restrictions and easements that can be tailored for this project, noting that Maxner can provide links to such. David Foss of 4 Aileen Way, expresses his concerns about a back yard buffer, any proposed lighting, and the introduction of the public in close proximity to children and campers. Pearl asks if this project should be phased into separate tasks of design and then implementation, and that perhaps CPA money can fund the design, which would have a public input component. Cronin responds that the Y plans as it goes and they are in no particular rush to build this trail. She notes that if the project is not supported by the neighbors, the Y would not pursue it. She would be willing to consider a formal design if that is a requirement of the Committee. Warren notes that the neighbors would like to be part of the design process. McCrory and Matz concur that a formal design might be overkill for this type of project, with Matz suggesting a simple layout plan that is to scale. Pearl agrees that a more advanced plan is needed and perhaps the Y can work on that. Discussion ensues as to the 3 d Round decision timeline, with Pearl noting that there is flexibility for submitting to the Council since they meet more often, than say a town meeting schedule. The Committee thanks Cronin and the neighbors for their time and look forward to a more refined layout plan. Harbor Management Authority (HMA) - Congress Street Beach Access Project Planning Director Aaron Clausen is present on behalf of the HMA. Clausen thanks the Committee for its time as he wanted to provide some clarity on points raised at the last meeting with HMA Chairman Paul Earl. Issues mainly related to the right of way (ROW) ownership and permanent protection of the parcel. He explains that the ROW is currently a paper street with abutters owning interests in the ROW, which essentially requires the City Council to abandon the ROW and receive conveyance of the ROW from the abutters (i.e. a friendly taking of sorts). He notes that the Beverly Conservation Land Trust could hold a CR on the property or it could be declared Article 97 land similar to what happened with Ellis Square. Edwards notes that perhaps the previously allotted Admin. Funds for title search could be reassigned to survey work. Discussion ensues as to logistics and potential costs of these processes. Clausen notes that these tasks will take some and time and asks if the CPC could conditionally approve project funding requiring site control and permanent protection. McCrory moves to amend the Committee's previous vote and reassign the $3,000 from Administrative Funds to help the City gain site control, which may include survey work. Seconded by Edwards. The motion carries 7 -0. Community Preservation Committee August 11, 2016 Meeting Minutes Page 214 McCrory moves to approve full funding of $25,000 contingent upon the City gaining full site control and placing a Conservation Restriction on the parcel to be held by a third party or for the parcel to be dedicated as permanent parkland. Seconded by Edwards. The motion carries 7 -0. Beverly Historical Society — Hale House Landscape Restoration Project Maxner notes that Sue Goganian will attend the next meeting. The Committee recaps questions raised for her: • feasibility /need for long -term maintenance of landscape and plantings, • need to place a recreation restriction on the property to ensure public access • long term protection mechanism for the landscape to be preserved, • update on current information gathering and planning via the Historic Survey project that was funded out of cycle, • support letter mentions the Annisquam Plan — CPC would like more detail on this, • the application mentions Danvers Bank funding — CPC would like more detail on this, • update on exterior restoration project and status of elements of that project not funded by CPA Pearl would like to see a more refined design for the landscape. Edwards offers to check with DCR as to possible landscape restriction templates and Pearl will check with MHC on landscape PR's. Members review the running total for funding and remaining balances. Pearl asks Maxner to forward the excel spreadsheet with projects and funding tallies. First Parish Church - Develop design and construction drawings for LULA elevator and front entrance ADA accessibility Maxner provides copies of the City Solicitor's emailed opinion as to the CPC's question under what circumstances can CPA monies fund religious or quasi - religious organizations' projects. Members take time to review the memorandum. Matz expresses his doubt as to whether this project qualifies for CPA funding. Paddol expresses his grave reservations over giving public money to private religious organizations, but fully acknowledges that the First Parish Church always has its doors open to the public during downtown events like First Night and block parties. Extensive discussion ensues as to the Church's core mission and how DOR guidance is clear that rehab /restore is meant for capital improvements to make buildings functional for their intended use. Pearl notes that the church's intended use is advancement of religion, but she is conflicted as she also acknowledges how the Church is a full participant in public, non - religious events. Members review the application narrative and discuss the DOR's guidance relative to "preservation" vs. "rehab /restore ". Members discuss whether this project can be characterized as "preservation ". After further reviewing the City Solicitor's opinion and holding extensive discussion, the Committee members agree that this project does not qualify as "preservation of historic Community Preservation Committee August 11, 2016 Meeting Minutes Page 314 resource" and that categorizing it as "rehab /restore... to make building functional for its intended use" triggers the Anti - Aid clause. Matz moves that this project not be funded. Seconded by Buchsbaum. The motion carries 7 -0. Pearl notes that if Church representatives would like to come to the next meeting for the 15 minute Q &A, they are welcome to get feedback directly from the Committee. Recreation Department — 3 "d Round Projects Maxner explains that Director Bruce Doig has provided his 3 d Round priorities: 1. Pete's Park; 2. Oak Heights; 3. Cahill Tennis Courts; 4. Vittori Park. Members notes that the Committee already voted to fund Vittori Park, with its geographic location in the City being considered. Beverly Recreation Department — Oak Heights Playground Matz explains that the structures in this park are in very rough shape and are not safe. McCRory notes that no design for the park was provided. Edwards wonders if bike racks will be incorporated so that opportunities to accommodate multi -modal users are provided. Edwards moves to approve funding at $50,000 with the recommendation that the Rec. Department seriously consider incorporating installation of bike racks into the design. Seconded by Matz. The motion carries 7 -0. Members agree to table discussion on Cahill Park tennis courts in favor of getting an update from Doig as to progress on the previously funded Cove Playground Tennis Courts. Maxner will inquire with Doig. Approval of Minutes Members turn attention to the draft minutes. Richter moves to approve the July 14, 2016 meeting minutes. Seconded by Matz. The motion carries 7 -0. The next CPC meeting for Thursday August 25, 2016. Matz notes that he will not be able to attend that meeting. Adjournment Edwards moves to adjourn the meeting. Seconded by Matz. The motion carries 7 -0. The meeting is adjourned at 9:10 p.m. Community Preservation Committee August 11, 2016 Meeting Minutes Page 414