Report of the Public Art Review Committee

Proposed Donation of Public Sculpture by Rick Silverman

December 8, 2015

Background

Earlier this year the Ipswich Board of Selectmen received a proposal from resident Richard

Silverman to fund and install a public sculpture on the lower North Green. In accordance with its

policy, Guidelines for Accepting Public Art (Appendix 1), the Selectmen referred the proposal to the

Public Art Review Committee (“Committee”)* for its review and recommendation.

In April, the Committee submitted a report to the Selectmen which conditionally supported the

installation of a public sculpture on the lower North Green. After the Selectmen heard testimony at

their May 4th public hearing, the town manager asked the Committee to consider alternative locations

for the public art, sites that had been mentioned during the public hearing or which might possess the

attributes sought by the donor: Sally’s Pond and Memorial Green on South Main Street; the

Downtown Riverwalk; a slightly different location on the lower North Green; and the South Green.

Based on its analysis and a site visit to each of the potential sites, the Committee submitted a

supplemental report (Appendix 2) which concluded that besides the lower North Green, two other

town properties would be potentially suitable as a location for the sculpture: Memorial Green and

the South Green. After receiving the Committee’s supplemental report, the Selectmen visited each of

these sites. At their meeting of October 5, 2015, after discussing each location, the Selectmen

expressed a preference for the South Green site (see Appendix 3 for exact proposed location), and

then voted unanimously to hold a public hearing regarding the potential installation of a public

sculpture at the South Green. The hearing has been scheduled for the evening of December 14, 2015.

Initial Findings

Considering the seven criteria outlined in the Guidelines for Accepting Public Art (“Guidelines”) and

listed below, the Committee makes the following findings:

(1) Artistic excellence/quality of artwork and craftsmanship

very high standard of craftsmanship

sculpture is appealing, interesting, and hopeful

_____________________________________________________________________________

*The Committee is comprised of Jeff Putur, Director of Cemetery and Parks; Kristina Brendel, Ipswich

Cultural Commission; Paula Jones, Shade and Beautification Committee; John Fiske, Chairman,

Historical Commission; Barbara Monahan, local artist/Ipswich Garden Club member; and Glenn Gibbs,

Director of Planning and Development.

(2) Relationship of artwork to site

location provides good visibility to both motorists and pedestrians and ample space

to surround sculpture with natural environment

sculpture provides a “good energy” and enhances its surroundings

sculpture creates an identifying landmark on an important entry road to town

(3) Maintenance provisions

sculpture does not require routine maintenance

(4) Adherence to master plans

consistent with town’s long-term planning documents

(5) Durability

excellent, as bronze does not rust

sculptor will make most accessible “branches” strong to minimize possibility of

breakage

upper portion of statue could be damaged if subjected to aggressive vandalism

(6) Public safety and the degree of public contact

sculpture is in visible and accessible location

design of tree trunk should prevent children and others from climbing it

(7) Responsibility of ownership/ maintenance

Town would own and be responsible for maintenance of the sculpture

maintenance should be minimal due to durability of material

Input from Abutters and Town Officials/Boards

On October 19, the Planning Director received a forwarded email from Gail Anderson of 37

County Street, in which she expressed concern about a “private memorial” being placed on

public land. Her email was submitted to the Committee for its consideration.

On November 17, the chair of the Ipswich Historical Commission transmitted a letter to the

Planning Director requesting that he send a site plan and detailed information about the exact

proposed location of the sculpture so that the Commission could consider it in the context of the

South Green’s cultural history.

On November 23, the Planning Director notified residents and owners of property on County

Road, as well as Police Chief Paul Nikas, Recreation & Culture Director Kerrie Bates, Building

Inspector Anthony Torra, the Planning Board, and the Historical Commission of the proposal to

install a public sculpture on the South Green, and asked for their input. The Committee’s

notification provided the website address at which a copy of its 11/20/15 preliminary draft

report, as well as the Guidelines and all earlier reports, can be viewed and downloaded.

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The Committee received three comments from this notification: Daniel Stendahl of 76 County

Road expressed the opinion that the proposed sculpture might be visually distracting to passersby

and thus could worsen the safety of motorists travelling through the intersection; Laura Gresh of

72 County Road asked why the Design Review Board and the Architectural Preservation District

Commission had not been consulted; and Police Chief Paul Nikas stated that “The location and

design of this Sculpture should prevent most concerns for vandalism. The sculpture’s base is

very robust and the “branches” are sturdy making any impact damage unlikely. Additionally, the

location is highly visible from the roadway and area houses. This makes it an unlikely target for

vandalism as well. The only concern I can see would be from graffiti, but again, the high

visibility of the location would tend to minimize that risk. As stated in your report, the trunk’s

design will minimize the ability to climb the sculpture, thus minimizing a risk of injury by fall.

So while no area or design is impervious to vandalism or hazards, this combination seems to

minimize the risks. You can add my support for this sculpture at this location from a Public

Safety standpoint.”

Committee Review of Public Comment

The Committee met on December 2nd

to review a preliminary draft report and the above-

described public comments relative to the installation of a public sculpture on the South Green.

Discussion focused on the Historical Commission’s letter, and the three comments received from

resident owners, two from the abutting neighborhood and the other from a nearby neighborhood.

Each of the comments or concerns is listed below, followed by the Committee’s response.

Concern: The South Green, or any other town-owned parkland, is not an appropriate

place for a sculpture commemorating a private individual.

Response: This concern was raised when the sculpture was first proposed for the lower North

Green. As noted in its April 2, 2015 report, Committee members concluded that while it was

inaccurate to characterize the sculpture as a “private memorial,” (The initial proposal stated that

the sculpture was meant to be a public piece of art that inspires and unifies the community),

many might view it as such if Robin Silverman’s name is on the plaque, and no reference is

made to a group or community. Further, the Committee agreed that private memorials to

individuals on public spaces are generally not appropriate. (An exception is a memorial bench,

which the Selectmen allow on certain public spaces pursuant to a separate policy.)

For this reason, the Committee did not approve of Rick Silverman’s initial proposal to place a

plaque on the sculpture which included the name of his late wife. The Committee did conclude,

however, that commemorating a group of persons who made notable contributions to the

community is entirely appropriate. Silverman’s current proposal is to fund a sculpture to

commemorate the artist community in Ipswich by placing a plaque at the foot of the sculpture

that includes its title, High Spirits, and the following text: In commemoration of the artists of

Ipswich, living and dead, whose works have given beauty, inspiration, and hope, not just to our

community, but to the world-at-large.

Thus, there is no longer any basis for identifying the proposed sculpture as a private memorial,

because the clearly stated purpose of the sculpture, as stated on the proposed plaque, is as a

public commemoration of the unnamed artists who have made, or continue to make, significant

contributions to the life and community of Ipswich and to the larger world. -3-

Concern: The proposed sculpture might be visually distracting to passersby and thus

could worsen the safety of persons travelling through the intersection of County and

Argilla Roads.

Response: The proposed location of the sculpture is about 100 feet south of the County and

Argilla Road intersection, and would be setback about 35 feet from the edge of the street. The

sculpture will be in the shape of a tree, made of bronze, and will have a naturalistic appearance

(see attachment). It does not contain elements such as flashing lights, moving parts, water spray,

etc., that are clear visual distractions. It will certainly be no more noticeable, and perhaps less so,

than the American Dog sculpture that was on the Green for six weeks last summer. As far as we

know, there is no evidence that the presence of that sculpture adversely affected the safety of

motorists, pedestrians, or bicyclists travelling through the County and Argilla Road intersection.

Further, when the Committee informed the Police Chief of this concern, he replied that he did not

consider it as an issue.

Comment: The Historical Commission, as noted in Section 10.5 of the Ipswich Town

Administrative Manual, is responsible for advising on “policies and legislation concerning

the preservation, protection and development of historical or archaeological assets in the

Town. Since the South Green is one of those assets, the Commission should be consulted

regarding this request.

Response: Agreed. The Chairman of the Historical Commission, John Fiske, is a member of the

Public Art Review Committee. Once the Committee turned its attention to the South Green as a

potential location for the public sculpture proposed by Rick Silverman, Fiske has given monthly

updates to the Commission, and until recently, advised the Committee that the Commission did

not have any specific concerns or comments about this proposal. On November 17, the Planning

Office received a letter from the Historical Commission which included the above comment,

along with a request for a site plan showing the proposed location. The Planning Director

provided the requested plan and indicated that the Committee would welcome any input from the

Commission. The Commission has scheduled a meeting prior to the Selectmen’s upcoming

public hearing to discuss what if any comments it will make at the hearing.

Concern: Given the historic nature of the site, why did the Public Art Review Committee

not consult the Design Review Board (DRB) or the Architectural Preservation District

Commission (APDC)?

Response: The Committee is open to comment from any individual or entity, including the DRB

or APDC. In considering the historic nature of the South Green as a proposed public art site, the

Committee chose to consult with the Historical Commission, which as noted above, is the entity

responsible for the “preservation, protection and development of historical … assets in the

Town.” Although the DRB’s and the APDC’s work involves preserving historic resources, their

specific authority is limited to buildings of architectural or historic interest.

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Conclusion

This report is being submitted to the Selectmen on this 8th day of December, 2015, in

compliance with Section D.3 of the Selectmen’s Guidelines for Accepting Public Art. The report

is also posted on the Town website for review by the public and other parties of interest.

The Selectmen’s next step, as described in that same section, is to hold a public hearing to take

public comment on the proposed art work. The Committee understands that the Selectmen have

already scheduled the public hearing, to be held at on Monday, December 14, 2015 at 8 pm.

Following the presentation of the proposal by the Committee, the Board shall review the

application based on the following criteria: Does the proposed public art satisfy the Guidelines, and will it be a valued addition to the art

collection of the Town?

Is the proposed art durable, sturdy, and safe?

What costs, if any, will the Town incur to maintain this piece of art, and can the donor pay

all the costs of fabrication, delivery, installation, and maintenance?

Is the proposed site appropriate and consistent with Town plans?

Will the gift of art enhance the public space upon which it will be situated?

Once the Board has taken public testimony and reviewed the application pursuant to the above

criteria, it may approve (as is, or with modifications and/or conditions), disapprove, or return it

to the donor, Town Manager or Committee with specific questions or requests for modification.

To accept a donation of public art for a specific park, open space, or right-of-way (ROW), the

Board must find that the donated art:

a. Enhances the park, open space, or ROW;

b. Does not interfere with the current or intended use of the park, open space, or ROW; and

c. Does not require the relocation of other equipment or infrastructure to accommodate the

public art donation.

If a public art element is approved by the Board, Town staff will work with the donor to develop

a Donation Agreement relative to its installation, placement and maintenance. Once all parties

have agreed to the language of the contract, it will be signed by the Donor, the Artist, and, on

behalf of the Town, the Town Manager.

Respectfully submitted by: Public Art Review Committee

Jeff Putur, Director of Cemetery and Parks

Kristina Brendel, Ipswich Cultural Commission

Paula Jones, Shade and Beautification Committee

John Fiske, Chairman, Historical Commission

Barbara Monahan, local artist/Ipswich Garden Club member

Glenn Gibbs, Director of Planning and Development -6-

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Ipswich Board of Selectmen

Policy Directive #______

Date Adopted: July 21, 2014

Policy Title/Subject: Guidelines for Accepting Public Art

A. INTRODUCTION

This policy directive establishes guidelines for the Town of Ipswich’s acceptance of public art. The

Guidelines for Accepting Public Art ("Guidelines") are necessary to ensure that art installations

complement and respect the character of the Town of Ipswich (“Town”), are appropriate to its setting,

history, and traditions, and do not impose upon the Town unexpected or unsupportable burdens, such

as a frequent need for maintenance and repair, or high, ongoing security costs. The Guidelines

describe the standards and procedures for reviewing and approving public art proposals for

installation on Town-owned land.

The formal review process for proposed donations of public art can take several months. Until the

process is complete, neither donors nor the Town should formally commission any work or make any

binding commitments, financial or otherwise, that assume acceptance of a work of art by the Town

for installation at a particular site.

B. PURPOSE AND SCOPE

The purposes of the Guidelines for Accepting Public Art are to: (1) establish standards and procedures

for the selection, installation and care of public art on Town-owned land, including parks, open

spaces and public rights-of-way; and (2) provide a mechanism for public input and participation in the

decision process.

Art work subject to the Guidelines includes, but is not necessarily limited to, sculptures, bronzes,

paintings, and mosaics.

C. PUBLIC ART STANDARDS

1. Standard of Quality: Public art installations shall be of high quality in: style, appearance,

durability, and ease of maintenance.

2. Standards of Appropriateness and Legality: Public art elements and/or any associated

donation acknowledgements should reflect the character of the Town and be appropriate for a

general audience of all ages. Consistent with state law, the following public art shall not be

accepted:

a. Public art elements that, within the meeting of Mass General Laws, Chapter 55, promote

political fundraising or promote or oppose a matter placed, or to be placed, before voters at

the polls, or otherwise promote a political campaign purpose;

b. Public art elements that endorse religion or any particular religion, or that oppose religion or

any particular religion; and

c. Public art elements that, by their nature or manner of installation, substantially change the

character of intended use of a park or facility.

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3. Installation: Installation of donated public art elements, including any donor acknowledgement

or memorial plaques, will be completed by Town personnel or a contractor approved by the

Town, as determined by the Town. The installation will be scheduled at a time and date

determined by the Town, so as not to unnecessarily interfere with routine park maintenance

activities or events.

4. Ownership: Unless a special condition to the contrary is expressly requested by the donor,

accepted by the Board, and memorialized in the donor agreement, all art installations become

property of the Town.

5. Repair: The Town has an interest in ensuring that public art elements remain in good repair. As

such, the Town will accept a donation only after it has determined that parts and materials are

readily available. Donated public art elements must be of high quality to ensure a long life and

resistance to the elements, wear and tear, or acts of vandalism.

6. Costs of Installation and Maintenance: Unless the Board votes otherwise, the donor is

responsible for the full cost of the public art’s purchase, installation, and maintenance, including

repair parts and materials, during the expected life cycle (as described in the donor contract) of

the donated public art. Accordingly, the Town expects, and may require, donors to contribute

funds into a special account for maintenance, repairs, and upkeep of donated art, in an amount

sufficient to cover the costs of the anticipated on-going maintenance during its life cycle.

At the end of the life-cycle term, the Town may give the donor the option to extend the life of the

public art by funding its replacement or by providing additional repairs/upgrades that would

extend the life-cycle of the original donation. The Town reserves the right to seek a new donor

for the public art at the end of the established life cycle if the original donor cannot be located or

chooses not to renew the donation. The Town also reserves the right to accept a new donation if

it determines that such action is in the public interest, especially those who use and enjoy the

public space within which the public art is located.

7. Removal/Relocation: The Town landscape is an evolving, active environment, and public art

elements may, over time, interfere with site safety, maintenance or construction activities. As

such, the Town reserves the right to alter, relocate or remove a donated art piece. If the Town

determines that a major alteration or removal is necessary or appropriate, the Town will attempt

to contact donors/artists for consultation, and allow the donor ninety (90) days to either remove

and reclaim the piece or pay for its removal. In certain circumstances, such as safety or

emergency situations, the Town may opt to take action prior to notification. The donor is

responsible for providing the Town with current contact information for purposes of such

notification.

D. REQUIREMENTS FOR PUBLIC ART

The Board of Selectmen (“Board”), with the assistance of the Superintendent of the Cemetery and

Parks Department and a review committee as set forth below, will review all proposed donations of

public art to be located in Town parks and open spaces. All donations of public art are subject to

final approval by the Board. Prior to accepting a donation of public art, the Board shall conduct the

following process:

1. Public Art Review Committee: For proposed permanent art installations, the Board shall

appoint a Public Art Review Committee (“PARC”) to review the art proposal through a public

meeting process. The PARC shall consist of seven voting members. If achievable, at least one

member should be selected from the Cultural Commission, one from the Shade and Beautification

Committee, and two from the art community. The Superintendent of the Cemetery and Parks

Department and the Planning & Development Director shall also be members of the PARC.

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In its review of proposed public art, the PARC shall consider the following:

a. Artistic excellence/quality of artwork and craftsmanship;

b. Relationship of artwork to site;

c. Maintenance provisions;

d. Adherence to master plans;

e. Durability, public safety and the degree of public contact; and

f. Responsibility of ownership/maintenance.

As part of its review, the PARC shall seek input from a variety of sources, including the Chief of

Police, Director of Recreation & Culture, the Planning Board, Building Inspector, and project

abutters. The PARC may also ask art professionals or other specialists to serve in an advisory

capacity to review public proposals. After completing its review, the PARC shall submit a written

recommendation to the Board.

2. Application: The prospective donor shall contact the Town Manager’s Office to determine

whether a site is available for displaying donated public art. If there is potential availability, the

donor shall submit a written proposal to the Town Manager describing the proposed public art

donation and its desired location. Completed proposals, once reviewed by the Town Manager’s

Office and the Planning & Development Director, will be forwarded to the PARC for review and

recommendation.

3. Review Process: Donors are encouraged to discuss tentative proposals and art ideas with the

Town prior to beginning the formal review process, and before spending significant funds on

developing a detailed proposal. Proposals need not be completed for this initial review to take

place. Donors shall submit their completed, formal applications to the Town Manager’s Office,

which will determine if a location is available and the application is complete. If yes, the proposal

will be referred to the PARC, which will ask the prospective donor to provide the following

information:

a. Information about the work(s) of art, including materials, concept and purpose, as well as the

artist’s biography (i.e., portfolio, brochures, or samples of similar work, so that the PARC can

understand the style and technique of the artist). If the proposed art element has already been

created, the donor shall indicate the date it was created, as well as its history (e.g., why it was

created? Has it previously been publicly displayed? Has it won awards or critical notice? Are

there previous owners of significance? What place and significance does the art have in the

overall portfolio of the artist?);

b. A site plan showing the proposed location of the public art element, and how it relates to its

surrounding environment.

c. Photographs of the art or, if it is not yet fabricated, an illustration. If the piece is a sculpture

meant to be viewed in the round, photographs or illustrations from more than one perspective

are desirable.

d. Information about the donor(s), association with the Town (if any), and why the particular

piece of art is being offered;

e. Any technical issues related to materials, maintenance and care, repairs, and installation

needs such as hanging arrangements, bases, pedestals, or footings;

f. Any environmental conditions (excessive shade, sunlight, or moisture) that might affect the

art or recommendations on its site location;

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After the PARC has completed its review and consultation with the donor, it shall prepare a staff

report and present recommendations to the Board.

As part of its review process, the Board shall hold a public hearing, at which time the public can

comment on the proposed art work.

Following the donor’s presentation of the proposal, the Board will review the application based

on the following criteria:

Does the proposed public art satisfy the Guidelines, and will it be a valued addition to the art

collection of the Town? High quality art that will have an enduring impact and works of art

that highlight the traditions, character, and landscape of the Town is particularly sought and

encouraged.

Is the proposed art durable, sturdy, and safe? The Town does not have funds allocated to

repair extensive weather damage, deterioration, or vandalism to art pieces. If a proposed art

gift seems especially susceptible to any of these conditions, it may be declined. Works of art

with moving parts will be carefully evaluated for their potential for breakage and future needs

for repair.

What costs, if any, will the Town incur to maintain this piece of art, and can the donor pay all

the costs of fabrication, delivery, installation, and maintenance? This is an important

consideration since the Town does not have funding set aside to purchase or maintain art, or

to subsidize art installations.

Is the proposed site appropriate and consistent with Town plans? Art pieces must be

carefully sited to minimize safety concerns and avoid conflicts with underground utility lines,

circulation by vehicles and pedestrians, and access by the general public, including those with

disabilities. The PARC will discuss these issues with the donor during its review process.

Will the gift of art enhance the public space upon which it will be situated? The Board

welcomes art works that will contribute to the Town’s landscape, especially portions of the

landscape that have been previously overlooked. The PARC can advise on locations where

art would be appropriate but may not have been considered by the donors.

Once the Board has taken public testimony and reviewed the application pursuant to the above

criteria, it may approve (as is, or with modifications and/or conditions), disapprove, or return it to

the donor, Town Manager and/or the PARC with specific questions or requests for modification.

To accept a donation of public art for a specific park, open space, or right-of-way (ROW), the

Board must find that the donated art:

a. Enhances the park, open space, or ROW;

b. Does not interfere with the current or intended use of the park, open space, or ROW; and

c. Does not require the relocation of other equipment or infrastructure to accommodate the

public art donation.

If a public art element is approved by the Board, Town staff will work with the donor to develop a donor

contract (a sample of which is provided as Attachment A) relative to its installation, placement and

maintenance. Once both parties have agreed to the language of the contract, it will be signed by the donor

and, on behalf of the Town, the Town Manager.

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Attachment A

Sample Donor Agreement

DONATION AGREEMENT

between

THE TOWN OF IPSWICH, MASSACHUSETTS

and

(DONOR/ARTIST)

For

(TITLE OF WORK)

This Donation Agreement (“Agreement”) is made and entered into this ___ day of _________,

20__, by and between the TOWN OF IPSWICH, MASSACHUSETTS (“Town”) and

_______________________ ("Donor/Artist").

Whereas, the Ipswich Board of Selectmen (“Board”) has approved the donation of public art by

____________________; and

Whereas, ______________ is willing to furnish such art work on the terms set forth below;

NOW, THEREFORE, the parties agree as follows:

1. The Donor/Artist agrees to donate to the Town ___(Title of Work)___ (“art work”) in

substantially the same form as presented to, and accepted by, the Board, more particularly

described in “Exhibit A,” attached hereto and incorporated herein by this reference.

2. The art work shall be fully completed and installed at ______________ (“Site”) on or before

___________ by __________________.

3. The Donor/Artist accepts responsibility for the full cost of the public art’s purchase,

installation, and maintenance, including repair parts and materials, during the art work’s

expected life cycle, which is ________ years, and further agrees to contribute $___________

to a special account to accommodate the art work’s life-cycle maintenance.

4. The Donor/Artist agrees to sign a Visual Artists Rights Act Waiver in substantially the form

attached hereto as Exhibit A., and upon the completion and installation of the art work, all

rights, interests and title to the art work shall automatically transfer to the Town.

OR

4. The Artist retains all rights to the art work under the United States Copyright Act of 1976, 17

U.S.C. sec. 101 et seq., as amended, and all other rights in and to art work except ownership and

possession, except as limited by the following:

a. In view of the intention that the project in its final dimensions shall be unique, the

Artist shall not make additional exact reproductions of the final art work, nor shall the

Artist grant permission to others to do so except with the Town’s written permission.

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b. The Artist grants to the Town and its assigns an irrevocable license to make two-

dimensional reproductions of the project for non-commercial purposes, including, but

not limited to, reproductions used in advertising, brochures, media publicity and

catalogues or other similar publications, provided that these rights are exercised in a

tasteful and professional manner and not to market goods or services. All

reproductions by the Town shall contain a credit to artist and a copyright notice.

c. The Town is not responsible for any third party infringement of Donor/Artist’s

copyright or for protecting the intellectual property rights of the artist.

d. The Artist shall use its best efforts to give credit reading substantially as

“___(title)____, an original work owned and commissioned by the Town, in any

public showing under artist’s control of reproductions of the art work.”

e. The Town reserves the right to relocate the art work from the initial installation site if

such decision is deemed appropriate and warranted in the future in the Town’s sole

discretion.

f. The Artist hereby acknowledges that the Town may deaccession the art work at any

time in accordance with the Selectmen’s Policy Directive.

5. The Donor/Artist represents and warrants that (i) the art work is solely the result of Artist and

creative efforts of Artist; (ii) except as otherwise disclosed in writing to the Town, the art

work is unique and original and does not infringe upon any copyright; (iii) the art work has

not been accepted for sale elsewhere; and (iv) the project is free and clear of any liens from

any source whatever.

6. Either party may terminate this Agreement in the event of a material breach of its conditions

by the other by providing the breaching party with a notice of termination at least ten days in

advance of the termination date. The termination notice shall specify in reasonable detail

how the agreement has been breached. As of the date of termination, both Artist’s and the

Town’s obligation under this agreement shall cease and Artist shall vacate the work site and

turn over possession of the artwork site to the Town.

7. The Donor/Artist is not a partner, joint venture, or employee of the Town and the only

relationship between Artist and the Town is that of an independent contractor. Donor/Artist

is not entitled to workers compensation benefits from the Town and the Donor/Artist is

obligated to pay federal and state income tax on all monies earned under this Contract.

8. This Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto,

and their successors and assigns.

__

Ipswich Town Manager Date

___________________ ___________

Donor/Artist Date

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Exhibit A

VISUAL ARTISTS RIGHTS ACT WAIVER

To the extent the uses or removal of the art work under this Agreement affect any rights

the Artist may have under the provisions of federal or state law, including the 1990

Visual Artists Rights Act, the Artist hereby knowingly waives any rights of preservation

of the art work provided by those laws.

____________________ ___________________________ Date Signature

Supplemental Report of the Public Art Review Committee

Proposed Donation of Public Sculpture by Rick Silverman

August 25, 2015

Introduction

On April 28, 2015, the Public Art Review Committee (“Committee”) submitted a report to the Board of

Selectmen regarding Richard Silverman’s proposal to fund and install a public sculpture on the easterly

and southern-most green space on North Main Street. On May 4th, in accordance with its Guidelines for

Accepting Public Art, the Selectmen held a public hearing to take comment on the Committee’s

recommendations. At the hearing’s conclusion, the Selectmen requested that a site visit be scheduled for

the benefit of the Selectmen, the Committee, appropriate town staff, the donor and his sculptor, and other

interested parties. One stated objective for the visit was to consider whether placing the sculpture further

down the slope at the lower Green might address some of the concerns raised at the public hearing.

Although Mr. Silverman indicated at the hearing that he was not inclined to consider an alternative

location for his art donation, he subsequently informed the Committee that he would be willing to do so.

Town Manager Robin Crosbie then asked the Committee to look at several alternative locations that had

either been mentioned during the Selectmen’s hearing or that might possess the attributes being sought by

the donor. The Committee reviewed the following potential alternative locations for the public sculpture:

o Sally’s Pond, South Main Street

o Memorial Green, South Main Street

o South Village Green, County Road

o Downtown Riverwalk, Ipswich River, off Union Street

o North Green, mid-portion of easterly & southern-most green space, North Main Street

Review Process

On July 21st the Committee met to review the five alternative locations in accordance with the

Selectmen’s public art policy. The analysis included an identification of the advantages and disadvantages

of each site, as well as a Committee visit to each.

Findings

Based on its analysis, as presented on page 2, the Committee concluded that two other town properties

would be suitable as a location for the sculpture: South Village Green, and Memorial Green, provided

that the proposed art is situated as shown on the appended maps. The Committee does not cite a

preference for one of these sites over the other. Rick Silverman prefers the South Village Green

location, but has indicated his willingness to consider both the South Village Green and the Memorial

Green as alternative sites for his proposed sculpture.

The Committee remains of the opinion that the optimal site for the sculpture is the location on the North

Green initially proposed by Mr. Silverman (see Appendix 3). Mr. Silverman, on the other hand, has

indicated that he would be equally satisfied with either the initial North Green location or the South

Village Green alternative.

Table 1: Potential Alternative Locations for Public Sculpture

Location 1: Sally’s Pond, South Main Street

Advantages: *Reasonably central location

*Ample space to surround sculpture with natural environment

Disadvantages: *Land is privately held (Ipswich Museum)

*Soil too soft to support sculpture

*Not particularly accessible for foot traffic

Suitability of Site: 1.5 (on a scale of 1 to 5, with 5 being the highest)

Location 2: Memorial Green, South Main Street

Advantages: *Central location

*Good visibility

*Good pedestrian access

*Established gathering place

Disadvantages: *Potential conflict with veterans’ memorials

*Potential conflict with activities on the Green

Suitability of Site: 4

Location 3: South Village Green, County Road

Advantages: *Reasonably central location

*Good visibility

*Ample space to surround sculpture with natural environment

*Precedent for public donation on the South Green

*Sculpture would likely increase use of Green

Disadvantages: *light foot traffic

*high level of noise

*Potential conflict with Olde Ipswich Days

Suitability of Site: 4

Location 4: Downtown Riverwalk

Advantages: *Central location

*Would enhance Riverwalk experience

Disadvantages: *Only suitable location may not be able to support sculpture’s weight *Mounting on Riverwalk poses technical & aesthetic challenges

*Would require reconfiguration of benches/planters

Suitability of Site: 2.5

Location 5: Mid-Portion of Lower Eastern North Green

Advantages: *Central location

*Good visibility

*Elevation above Market Square enhances effect of the sculpture

Disadvantages: *Placing sculpture below ledge reduces visual effect

*Potential conflict with sand filter

*Faces opposition based on perceived incompatibility w/ Green

Suitability of Site: 3

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Recommendations

The Committee recommends that the planned site visit to the North Green be expanded to include the

Memorial Green and South Village Green locations. If the sense of the Board of Selectmen after that visit

and any subsequent discussion is that it would prefer the sculpture to be situated at either of the

alternative locations, then the Board should schedule another public hearing to take comment on the

suitability of one or both of those sites.

If the Board of Selectmen ultimately supports the installation of the public sculpture at one or both of the

alternative locations supported by the Committee, it should, before voting formally to accept the public

art, request the Committee to recommend any additional terms or conditions of approval that are

necessary and appropriate for the site in question.

Summary

After comparing the proposal for a public sculpture on the North Green with five other alternative sites in

the town center, including another potential location on the lower North Green, the Committee concludes

that the optimal site for the sculpture is on the North Green, at the location proposed by Mr. Silverman.

The Committee also finds, however, that two other specific locations, one on the South Village Green and

the other on the Memorial Green, would be suitable sites on which to install the proposed sculpture. As

noted in the Findings, Mr. Silverman, after reviewing all six of the locations considered by the

Committee, is equally satisfied with the North Green and the South Village Green locations.

Respectfully submitted by: Public Art Review Committee

Jeff Putur, Director of Cemetery and Parks

Kristina Brendel, Ipswich Cultural Commission

Paula Jones, Shade and Beautification Committee

John Fiske, Chairman, Historical Commission

Barbara Monahan, local artist/Ipswich Garden Club member

Glenn Gibbs, Director of Planning and Development

August 25, 2015

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Appendix 1

Map Showing Potential Location of Public Sculpture

South Village Green

Appendix 2

Map Showing Potential Location of Public Sculpture

Memorial Green

Appendix 3

Map Showing Proposed Location of Public Sculpture

North Green