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2013-07-30CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: July 30, 2013 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie Herbster, Bill Squibb BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: RECORDER: Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificates of Compliance New: 675 A, B & D Hale Street, DEP File #5 -1057 — E. Godshalk, R. Vogel, & P. Cole Bob Griffin representing the applicant, explains that in July of 2011, the Commission issued an Order of Conditions that governed extension and installation of sewer and water utilities for 675 A, B & D Hale Street. Install new 6" culvert under driveway servicing 675 A & 675 B Hale Street. Install underground electric, cable and telephone and re -grade driveway with crushed stone at 675 D Hale Street. Work took place within 100 -foot buffer zone to inland bank of pond and bordering vegetated wetland. The work was completed last November and area has stabilized and is in satisfactory condition. He notes that the 6" culvert under driveway of 675 B was not installed. Maxner states that she has been visiting this site periodically throughout the project and conducted a final inspection just prior to this evening's meeting. Maxner notes that overall the site is stabilized. However, there is a landscape area at 675 D Hale Street where the sewer and water went in that requires mulching and landscaping but she reports that it appears to be stable. There being no questions or concerns, Paluzzi moves to issue the Certificate of Compliance. Seconded by Grant. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 7 -0. Abbreviated Notice of Resource Area Delineation Cont: 108 West Street — Symes Devlopment & Permitting c/o Jeff Rhuda Maxner explains that the applicant has requested that the hearing be continued to the August 20 meeting as Mr. Rhuda has a conflict and cannot attend. Conservation Commission July 30, 2013 Meeting Minutes Page 2 of 11 Bertoni moves to continue the hearing to the August 20 meeting. Seconded by Herbster. The motion carries 6 -0 -1 with Grant abstaining. Cont: Grover Street, May 95 Lot 8 (79 Dodges Row, Wenham) — 79 Dodges Row Trust c/o Angus West: Maxner notes she had not received any revised plans and the Commission has received a request for a continuance to its August 20 meeting. Paluzzi moves to continue the hearing to the August 20 meeting. Seconded by Bertoni. The motion carries 7 -0. NOTICES OF INTENT Cont: 43 Water Street — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Maxner notes the applicant has asked for a continuance to the August 20 meeting. Paluzzi moves to continue the hearing to the August 20 meeting. Seconded by Buchsbaum. The motion carries 7 -0. Cont: 32 Pickman Road — John Osbon Caroline McFadden with DeRosa Environmental and Paul Muldoon with Seimasko & Verbridge are present for the applicant. McFadden explains that plan revisions have been made to address the Commission's concerns relative to the unstable steep slope with enhancement plantings that root well to secure soils, tree replacements for proposed removal of the 16" Spruce tree and minor changes to the retaining wall that decreases the amount of disturbance and amount of fill required and reduce steep change in grade. She states that plantings will be done before the retaining wall is put in place. Discussion ensues about conversation with abutter where a tree would be taken down and a replacement tree planted. Muldoon notes that the hope is not to have to use a crane to remove the tree over the house. Also, the retaining wall will be 5 feet high concrete wall, 18 inches or less would be exposed on the down grade side. The wall would be backfilled and compacted on the down slope side in such a way to accept the plantings of Witch Hazel and ground cover to bring stability to the soil. The pool would be installed one season later after the plantings and retaining wall is expected to be installed this fall. Also, the plantings would be done as soon as possible in consideration of growing season. McFadden explains if there is any need to drain the pool it would be drained up towards the street. Maxner refers to a draft set of Special Conditions, one addresses the previously installed Conservation Commission plaque and notes it should be moved to the 25 -foot No Disturb Zone. She states that the applicant should understand that the steep slope planting area is not supposed to be meticulously maintained or mulched and this can be a condition that it be left to naturalize. Discussion addresses placement of plaque between 36 inch Oak and retaining wall. Discussion Conservation Commission July 30, 2013 Meeting Minutes Page 3 of 11 ensues about erosion control including filter mitt and silt fence and that a wetlands scientist would be at the project site. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Grant. The motion carries 7 -0. Cont: 28 Paine Avenue — Rayna Lesser Hannaway Maxner states that the Commission received a request to continue to the August 20 meeting since the applicant is working on providing supplemental information. Buchsbaum moves to continue the hearing until the August 20 meeting. Seconded by Grant. The motion carries 7 -0. New: 76 Paine Avenue, DEP File #5 -1103 — Jack Swansburg Maxner reads legal notice. Maxner reminds the Commission of the Enforcement Order for unauthorized work on the rip -rap revetment seawall and this NOI was required, noting that the Commission did observe site conditions while on the visits at a neighboring property in April. John Dick, Hancock Associates, is present representing the applicant. Dick provides some history on this wall, around 2000 a steel sheet pile wall was installed with a concrete slab apron. The original 100 - year -old wall has failed in several locations since that time. He adds that the very easterly corner of this wall projects out to sea beyond mean high water several feet and has led to erosion in this area due to this pointed area jutting out. Dick notes in February and March of this year when more erosion occurred where seaward section of cap was broken and slid to the ocean. He notes that he has no idea of condition of steel sheet piling since they are inaccessible and are sheltered by remains of granite wall and revetment. Dick mentions that applicant thought emergency regulations allowed him to repair his wall. He notes how illness detained Dick's action and he apologized for couple of months that backhoe was in area that was used to move loose stones and put them back in place. Dick describes the applicant's interest in having the remaining work completed consisting of removing remaining pieces of concrete and rebar, which was used for the machine to move on. He notes the survey he performed and said tow of slope is in the same place and that the grade of the beach is similar to 2008 when another Order of Conditions was done. Dick predicts once the contractor returns to the site the wall would be stable for the winter. Discussion ensues as to one slab of concrete is gone and how the wall has collapsed and fallen down. Also, that the rip -rap was piled up along the old stonewall. Dick clarifies that this is not a Chapter 91 issue but notes wall extends seaward at high water mark. He explains that stones were behind the wall and have moved although the seaward end of the revetment has not changed. Dick notes that chinking stone was used to bring rip rap back in. He adds that original wall was not well aligned. Conservation Commission July 30, 2013 Meeting Minutes Page 4 of 11 Discussion ensues about how no engineering analysis is being done on the revetment and that the granite blocks of the 100 year wall are failing. Dick says there is no indication that the sheet pile has been damaged. Although Dick acknowledges that the concrete apron was likely designed to protect sheet pile but the slab has been damaged. He explains that elevations provided are the existing grade. Dick reiterates that eastern corner of wall is out of high mean water and mentions how it is in wrong configuration relative to the beach. Lang suggests a consulting engineer look at it to provide a suggestion to prevent any stones going into an abutter's yard or right of way. Dick states that he does not claim there is a wall design but his intent is to help his applicant to have the wall repaired and remove concrete fill that fell out when the wall broke as well as cap and rebar. He reiterates that the only material that came in is small stone to reinforce revetment where slab came out on top. Dick explains that small stones are now in pile waiting for use with the revetment to fill vacant spaces. Discussion ensues about location of where old granite slab (5 ton stones) used to be. Dick notes that concrete rubble will be removed and small stones used. Bertoni moves that the Commission secure a peer review consultant to verify the adequacy of this proposal in protecting the resource areas. Dick recommends Alfred Tanney as a consultant since he is the geotechnical engineer who recommended stone size as a Hancock Associates employee in 2009. Renee Mary, 274 Hale Street, questioned certification and if there was an expert in the field. Dick recommended Rebecca Haney, Coastal Geologist with DEP, and noted that DEP had no comment on this application. Maxner notes that applicant would pay for the consultant. Dick offers to notify applicant regarding the consultant. Grant seconded Bertoni's motion. The motion carries 7 -0. There being no further questions for the Commission or the public, Paluzzi moves to continue the hearing to the August 20, 2013 meeting pending a peer review as just voted. Seconded by Grant. The motion carries 7 -0. New: Bonad Road, Land Court Lot 178 — The 2 Bonad Road Trust c/o Andrew Santin & New: Jewett Road, Land Court Lot 179 - The 2 Bonad Road Trust c/o Andrew Santin Maxner reads legal notices for both Notice's of Intent. Bob Griffin, representing the applicant, explains the proposal to construct two new single - family houses with associated appurtenances. Work will take place within the buffer zone associated with the stream located across the road. He provides a brief overview of the stream and efforts to keep it free of debris, as well as a recent Order of Conditions that allow improvements to the stream to help with a more permanent solution to keeping it clear. Griffin reviews work on Lot 178, which involves removal of the existing garage and construct a new single - family house, deck, walkways, driveway and utilities, with a majority of the work outside the 25' NDZ aside from a sliver of the lot on the northerly boundary for driveway construction. He notes mitigation plantings are proposed for the incursion into the 25' NDZ. He notes the sewer line will be extended about 80 feet and water tie -ins to existing water main. Conservation Commission July 30, 2013 Meeting Minutes Page 5 of 11 In addition, Griffin mentions that the land slopes towards the street so roof runoff would be directed to infiltration structure. Most of the property is presently lawn. He adds that to prevent flooding a drainpipe is proposed that would go from the back yard and tie into ditch where permanent repairs would occur. Erosion controls are proposed including silt sock and hay bales in the driveway area that could be moved back and forth for access to the site He notes for lot 179 entails a bit more grading on the northwest side of the lot. Roof infiltration is also proposed for this lot. He adds that the water coming down from the house to the drainage ditch would avoid any potential flooding that could disturb neighbors where there is potential for ponding during heavy rainstorms. Griffin explains the combination of driveway and house will add 1,800 square feet of additional impervious surface for one house and 2,200 square feet for the second house. Griffin notes he had not done test pits on these lots but they were done across the street. Discussion ensues about infiltration chambers including dry wells with crushed stone around them. Also he addresses how depression would not be a rain garden since there is limited lawn. Griffin notes that he has observed the drainage ditch in heavy rainstorms and it has been flowing and draining fine. Discussion ensues about how catch basin on Jewitt Road in front of house is effective but another catch basin on Jewitt Road is ineffective at catching water coming down the hill. Renee Mary, 274 Hale Street, inquires about classification of intermittent stream. Squibb asks about when the ditch was cleaned. Griffin mentions how the pipe was cleaned shortly after the NOI was filed last fall, camera work was done and wire installed at the inlet. Resident mentions the flooding that has occurred after heavy rain. Matthew Goldstien, resident of 22 Jewett Road, explains how the water comes down the road and puddles and how the berm directs the water where there is no mechanism to catch it. He suggests the Commission visit the lots to take a look at the flow. Lang concurs that the catch basin at the bottom of Jewett Road was not working well. The Commission schedules a site visit for Tuesday, August 13, 2013 at 6 p.m. Paluzzi moves to continue the hearing to the August 20 meeting. Seconded by Grant. The motion carries 7 -0. OLD/NEW BUSINESS New: 41 Prince Street, DEP File #5 -1078 — Jonathan Uroskie Curt Young, Wetlands Preservation, Inc. is present for the applicant, and explains the request for Minor Modification which involves reconfiguring the proposed pool and associated patio resulting in a slight increase of impervious surface, removal of a Norway Maple tree and retaining the Black Locust trees along the seawall within the 25' NDZ, and a reduction of pavement in the driveway. to the existing plan and Order of Conditions. Young explains that the new design orients the pool differently, from north south to east west the size and shape and limit of pervious part of pool deck will remain the same. There has been a 200 square foot reduction of paved impervious area in the buffer zone associated with driveway as well Conservation Commission July 30, 2013 Meeting Minutes Page 6 of 11 as walkways, and the pool area has been pulled back from NDZ by a couple of feet. He notes as a result of this plan one Norway Maple tree will be taken down and replaced by two indigenous trees. Young explains that one Black Locust (dominant species) was taken down and five will remain since they provide shade and ambience to the yard area. He mentions that a planting bed would be located throughout this area. He notes that a lot of site work is being done as part of the house construction and it is stable. Maxner refers to the conditions that still apply. She notes the Special Conditions issued as part of the original Order, with Condition # 1 and #2 requiring additional trees to be planted to compensate for the original proposal to remove the Black Locust trees. Discussion ensues about the planting bed Young acknowledges that Special Condition #1 still applies here. He speaks to Special Condition #2 and notes that landscaping plan will address this. Maxner states that per discussion from tonight's meeting that the Black Locust trees will be maintained. Young explains that replacement trees will provide a fresh cover when the big trees come down or are removed once they appear to be unsafe and Maxner would be notified. Paluzzi moves to approve the Minor Modification as discussed. Seconded by Buchsbaum. The motion carries 7 -0. New: 147 West Street — Tree Removal Request - Mar2y Medini Maxner notes the Commission received a report from Associate Planner Kirk Baker relative to a tree removal request at 147 West Street where he had done a site inspection. The owners are proposing to remove 15 trees that line the property along the roadway. The property contains several resource areas, including Bordering Vegetated Wetland, Bordering Land Subject to Flooding (100 -Year Floodplain elevation 9), 100 -Foot Buffer Zone and 200 -Foot Riverfront Area. She adds there are spruce trees that line 147 West Street entrance drive. Based on Baker's site inspection some of the trees are in decline and are partly dead with some having invasive ivy growing on them. Maxner notes that 15 is a larger number of trees than the Commission usually considers for tree removal requests. She had provided the Commission with a plan identifying the location of the trees on the site and the resource areas. She questions if there is a compensatory replanting landscape plan but notes she has not spoken to homeowners. The members review the information provided and agree that the scope of work should be reviewed under an RDA with some sort of restorative native planting plan provided. New: 7 Walcott Road — Wetland Violations Maxner explains that Associate Planner Kirk Baker conducted the site inspection where he identified that a lot of work was done on this lot both within the wetland and the buffer zone. She notes that there is a yard drain that collects groundwater and has French drain characteristics for carrying water through the yard and discharges into rip rap and the Commission approved this year's ago. She adds that the pipe was getting clogged and there was ponding as explained to Baker by homeowner who had removed rip rap, dug trenches upstream and downstream and cut a lot of trees down from 4 inch caliper to 10 inch caliper in the 25 foot NDZ. She and Baker visited the site Conservation Commission July 30, 2013 Meeting Minutes Page 7 of 11 and documented the impacts. Maxner refers to the letter that details the findings and notifies the homeowner of potential for Enforcement Order. Discussion ensues as to an Enforcement Order and required corrective actions. Buchsbaum moves to issue an Enforcement Order with the following conditions: ➢ Continue to cease and desist from any further work within the wetland or 100 -foot buffer zone; ➢ Secure the services of a wetland scientist or other qualified consultant to assist in the following: • Field delineate the wetlands on site; • Prepare a plan that shows: ■ the existing wetland, 100 -foot buffer zone and 25' NDZ; • the areas and descriptions of impact; • prepare a restorative planting plan that reestablishes the disturbed soils and restores the disturbed areas of the wetland and 25' NDZ with native trees, shrubs and herbaceous plantings to stabilize the soil and restore plant diversity; • The planting plan should include species, size, number and general locations of proposed plant material; • Reestablish and stabilize rip -rap outlets for the drainpipes; ➢ This plan shall be submitted to the Commission no later than 5:00 p.m. on Thursday September 5, 2013; ➢ The Commission will place this matter on its September 10, 2013 meeting agenda for review and consideration. Should the Commission determine the plan to be satisfactory, it will then vote to approve it and establish a deadline for its implementation. Lang notes if the homeowner shows progress, they could be granted an extension and mentions that there is possibly still time for planting this year. Seconded by Paluzzi. The motion carries 7 -0. End of Greenwood Avenue, Common Lane end — culvert Maxner notes the Commission conducted a site inspection at the end of Greenwood Avenue to observe conditions relative to a stone culvert that runs underneath a couple of private driveways and partially under Greenwood Avenue. The Commission agreed to hold follow -up discussion at tonight's meeting. Maxner reiterates the Commission's jurisdiction and main concern is the potential impact to the wetland and vernal pool (as well as downstream wetland resources) resulting from malfunctioning of the culvert. She notes that as discussed with Mr. Brusca owner of 11 Greenwood Avenue, it appears that DPW does not have an intimate understanding of how the culvert is structured or how it functions. Maxner had provided an email from Mike Collins who had said the City should consider it a City -owned culvert and it should be replaced. Conservation Commission July 30, 2013 Meeting Minutes Page 8 of 11 Bertoni notes if it is a City -owned culvert then the City has to address the condition of it and consider that it drains a certified vernal pool resource area. Discussion ensues about the Commission's jurisdiction relative to the culvert and whether or not it can require investigation and repair by public works department. Mr. Brusca states that he believes the City DPW plowing damaged the culvert so the drain is clogged and the City did not repair it correctly based on flooding he has observed in July. Mr. Brusca refers to stones that assisted flow of culvert but were moved. Lang suggests a meeting could occur with Maxner and Collins at the site. Mr. Brusca notes that the City did try to fix the culvert so it works some but it still requires manual work to fully repair it and improve flow. He expresses concern about the raised water table that has resulted and notes the vernal pool consideration and the fact that the water is damaging his driveway. Maxner suggests arranging a site visit via email where she, Collins, Mr. Brusca and Lang would attend to discuss the problem. Bertoni recommends the best solution could be a compromise or consensus of either all pipe or stone. New: 39 Beaver Pond Road — Septic System Upgrade Maxner describes septic system upgrade plan for existing tank that would be crushed and filled at 50 foot buffer zone and new system tanks and other system components including forced main to the leaching field near the buffer zone. She notes that the excavation would occur around the existing tank to pump, crush and fill. The Commission agrees that this project would require an RDA. 75 and 77 Paine Avenue — Seawall Repair, DEP File #'s 5 -1096 & 5 -1097 Maxner notes the Commission recently issued two Orders of Conditions for rehabilitation of granite block seawall and condition in those Orders required those applicants come back if there is any work on the beach. Maxner notes that David Smith project engineer emailed her a sketch of the proposal and reads his explanation from North Shore Marine, contractor. The explanation states minor change to the excavation method. Maxner explains when repair work was done in 2005 it was done on a pre- existing footing so no excavation was done to pour a footing. At that time the beach level was substantially lower between three and five feet so the sand has risen about five feet. In order to minimize the excavation on the beach due to the increased height of sand, the contractor is proposing to install temporary sheeting around the seaward side of the wall for the length of 20' to 30' with returns. A mini - excavator would be lowered into the area between the sheet piling and the wall so it would protect the area of excavation and work can be done efficiently. Discussion ensues about how the sand would be put outside the wall so they could dig down 5' to 8' to install the footing by digging a trench then pouring concrete inside of sheet pilings so they can start to rebuild. Discussion ensues about use of sheet piling to protect excavation area and install footing. Maxner notes that the contractor has estimated the work would take a few days to complete. She adds that she would be on site when the work occurs. Members agree that this change will not have any impacts to the beach or coastal bank and as long as Maxner observes the sheet piles once installed no further review is necessary. New: Minor Proiect Permits Issued by Administrator Conservation Commission July 30, 2013 Meeting Minutes Page 9 of 11 Maxner explains the Commission received plans and photos of the site for a proposed deck at 13 Eisenhower Avenue. As part of the Whitehall Circle subdivision a wetland area located on this lot was delineated and it is noted that it was considered a potential vernal pool. This wetland is downstream from the Wetland B, a certified vernal pool, via an intermittent stream. This wetland was never fully evaluated for vernal pool function. Maxner explains her reservation about issuing the Minor Project Permit since during the Whitehall Circle subdivision process a potential vernal pool was identified in the area that was never evaluated. She notes that she did measurements of the proposed 16 -foot deck that will be within existing lawn to the edge of wetland and found that it will be 48 feet from the wetland at its closest point with thickly vegetated in most of the No Disturb Zone. Discussion ensues about how the deck would use two to three sonotubes and that the Commission could visit the parcel in the spring. The Commission agrees that Maxner should issue the Minor Project Permit. Paluzzi moves to approve Administrator's issuance of Minor Project Permit for 13 Eisenhower Avenue. Seconded by Bertoni. The motion carries 7 -0. New: Two vacant lots at the end of Elnew Avenue that abut City -owned Norwood Pond open space — for sale Noting that there were people still in the audience Maxner asks them what agenda item they are present for. Rachel Rex, 16 Elnew Avenue, explains that she recently moved from the Dunham Road Condominium complex to Elnew Avenue. She states that based on what went on with the Cummings Center taking trees down at Dunham Road, she wanted to address the Commission directly about two vacant lots for sale at the end of Elnew. She notes that there are wetlands and vernal pool in that area and she is afraid that the owner will disturb the area without proper permits. Maxner notes that she has conducted a site visit and agrees that the vernal pool is probably within 100 feet of the parcel and she thinks a wetland delineation is in order. She has taken the liberty and called the owner's real estate attorney regarding the need for wetland delineation. Discussion ensues about the owner who has allowed foot travel on a pathway that connects to Norwood Pond City - owned land and trails. Maxner notes that he parcels may need Planning Board approval or variance approval from the Zoning Board of Appeals to be developed. ORDER OF CONDITIONS 32 Pickman Road, DEP File #5 -1100 Discussion ensues as to the proposed draft Special Conditions. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: Prior to any construction commencing, all dumped yard waste, soil piles and debris shall be removed from the slope. Removal of said materials shall be verified by the Commission or its Administrator. 2. Prior to construction, the applicant shall secure an environmental monitor, who shall be responsible for monitoring all activity within jurisdictional areas to ensure compliance with Conservation Commission July 30, 2013 Meeting Minutes Page 10 of 11 this Order. The monitor shall be a professional engineer or wetland scientist and can be the project wetland scientist. Her /his name and contact information shall be provided to the Commission. 3. The monitor shall attend the pre - construction meeting. 4. The monitor shall visit the site at least once weekly during the active phases of construction that occur within the 100 -Foot Buffer Zone (100' BZ). 5. The environmental monitor shall be on site to supervise and verify the following phases of site work: a. At the time of excavation for proposed retaining wall b. At the time of installation of landscape plantings and slope stabilization plantings to ensure proper placement and planting methods. 6. Prior to work commencing on the retaining wall, the slope stabilization plantings shall be installed. 7. The proposed erosion control shall consist of both entrenched and staked silt fence with staked filtermitt (or equal) on the up- gradient side of the silt fence. 8. The previously installed City of Beverly Conservation Commission Plaque (as located on approved plan) shall be moved from its current location (just southeast of Wetland Flag 4) to the edge of the 25' NDZ and shall be mounted such that it is not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. The plaque shall be installed up- gradient of the 36" Oak tree on the 25' NDZ line. 9. The 16" Spruce tree slated for removal shall be cut flush to grade, and shall not be ground out or stumped, and the roots should be left in tact. The tree trunks and limbs shall be taken off site to an appropriate facility and not felled into the buffer zone or wetland. 10. The slope stabilization plantings and landscape plantings shall have at least 75% survivorship after two growing seasons post installation and survivorship shall be verified by the monitor. 11. The slope and the slope stabilization plantings shall be left to naturalize and shall not be subjected to routine landscape maintenance (i.e. mowing, pruning, limbing, shaping, mulching etc...). This condition shall last in perpetuity and survive beyond the issuance of a Certificate of Compliance. 12. The application indicates that the proposed pool will have a cartridge filtration system, therefore eliminating the need for backwashing. However, should the pool ever need to be drained or backwashed, pool water shall be directed to the street and not directly discharged into the buffer zone or wetland. This condition shall last in perpetuity and survive beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 7 -0. Approval of Draft Minutes — May 21, 2013 Members provide amendments to Maxner. Bertoni moves to approve the May 21, 2013 minutes as amended. Seconded by Paluzzi. The motion carries 7 -0. New: Expenditure Approvals: Paluzzi moves to approve the payment of invoice for $3,194.52 payable to Jeffrey Roelofs, the Commission's special counsel relative to the 50 Dunham Road ANRAD appeal, for his services Conservation Commission July 30, 2013 Meeting Minutes Page 11 of 11 rendered from in late March — this is an invoice that had an error and he just fixed it and resent it. Seconded by Grant. The motion carries 7 -0. Maxner updates the Commission about how Attorney Roelofs has filed for summary judgment, which she offers to send a copy to the Commission. Lang suggests Attorney Roelofs summarize his work for the Commission and Maxner analyze the amount of his attorney fees incurred to date. Discussion ensues about whether or not Bertoni had a conflict of interest regarding Dr. Uroskie relative to his profession as a doctor and his Minor Modification at 41 Prince Street. The Commission notes that Bertoni does not have a financial interest nor is she an abutter. Adiournment There being no further business before the Commission, Paluzzi moves to adjourn at 9:40 p.m. Seconded by Buchsbaum. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, August 20, 2013 at Beverly City Hall, 191 Cabot Street.