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2006-07-11. CITY OF BEVERLY PUBLIC MEETING MINUTES Date: July 11, 2006 Board: Conservation Commission Members Present Chair David Lang, Vice Chair, Tony Paluzzi (Vice-Chair), Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes, Mary Reilly, and Bill Squibb Members Absent: None Others Present: Amy Maxner – Environmental Planner Recorder: Eileen Sacco Chairman Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Discussion with Mayor William Scanlon – Former Vitale Site Michael Lotti of New England Power Co. addresses the Commission and reviewed the request for the location of the restroom/storage facility for the Vitale Site. He notes that they are still waiting for comments from the City Solicitor on the AUL draft. Cademartori questions whether this action by the Commission would trigger Article 97. Lotti notes that there is no issue with Article 97 as the City has abandoned the idea of a concession stand this building and will facilitate the use of the property for recreational purposes only. He explains that Article 97 will come into play if a commercial use is proposed. Hayes notes that there are two steps that the Commission must take. He notes that the Commission has never formally said that playing fields should be there, noting that personally he is fine with it but suggested that the Commission should formally vote on this specific plan. Paluzzi asks how much lead-time they need for constructing the building. Lotti states that they need 2-3 months. Maxner recalls that a conceptual plan for the playing fields was presented to the Commission in an effort to keep the Commission in the loop, and allow NEPCO the flexibility to prepare the site for ball fields. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 2 of 26 Cademartori states that in order to expedite this process he would be in favor of a special meeting in August if necessary to hold the public hearing and review the AUL and field maintenance plan for final licensing the use. Lang cautions that the Commission should not lose the opportunity to build the structure noting that at some point NEPCO has to finish the project and they are not likely to wait for a long period of time. He also notes that he does not recall anyone on the Commission opposing the use of the site for playing fields. He also states that he does not see why Article 97 would come into play here. Lang also notes that the City has offered properties in compensation for using the Vitale site for fields. Johnson suggests that the Commission approve the concept of the building and the playing fields so that things can move ahead. Hayes states that he could agree to that, but notes that he does not want to lose the opportunity for the Commission getting the compensatory land as well. Lang notes that the Mayor proposed two parcels and he is not sure if the Commission will get both of them but suggests that they could lobby for them. Lotti reviews the location for the proposed building. He notes that he has reviewed this with Mike Collins, DPW Director, and his recommendation was to locate it near the street to deter vandalism as well as ease for utility connection from Cabot Street. He also shows photos of the building, which is 21 X 43 and is of material that is sound. Johnson moves to approve the concept of playing fields and restroom/storage facility at the Vitale site, with the condition that the City proceeds with the consideration of a land swap compensation package and that the City provide a viable maintenance plan for the site . Paluzzi seconds the motion. The motion was approved (7-0) Cademartori notes that this issue has been informally considered at length and suggests that the Commission hold a special meeting in August for the purpose of settling this matter so that all of the details will be in place prior to the construction of the building. Hayes notes that if the Commission agrees to the terms of the AUL the terms need to be finalized. He suggests that the Commission should have a process in place for Article 97 whether they use it or not for the future. There being no further questions or comments regarding this matter Cademartori moves to continue the matter to September 12, 2006, seconded by Johnson. The motion carries (7-0). Certificate of Compliance Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 3 of 26 Continuation: 8 Beaver Pond Road – DEP File #5-795 – Michel Reichert Maxner notes that the Commission requested additional information from the applicant and asked him to check with the Board of Health as to whether the discharge from the driveway drai pipe is allowable directly over the leeching field of the septic system. She notes that she spoke with the Board of Health agent and he has been in touch with the owner and they are working on this. She recommended that the matter be continued to September 12, 2006. There being no further questions or comments regarding this matter Cademartori moves to continue the matter to September 12, 2006, seconded by Johnson. The motion carries (7-0). Continuation: 208 Hart Street – DEP File #5-795 – Michael DiGuiseppe DiGuiseppe addresses the Commission and starts to explain the new information on his site. Lang suggests that the Commission hear all of the information during the public hearing on the Notice of Intent. The matter was tabled until the public hearing portion on the meeting. New: 175 West Street – DEP File # 5-446 – John Newbury Mr. Newbury explains that the Order was issued in 1993 for the reconstruction of an existing pier and the order lapsed and the work was never completed. He notes that he is now requesting to close out this order. Maxner notes that she recommends that the Commission issue a Certificate of Compliance indicating that the Order is no longer valid and the work never commenced. Cademartori moves to issue a Certificate of Compliance. Squibb seconds the motion. The motion carries (7-0). New: 175 West Street – DEP File # 5-570 – Edith Newbury Maxner explains that the Order of Conditions was issued in 1997 for the reconfiguration of the driveway. She notes that the Order lapsed and the work never commenced. Maxner notes that she recommends that the Commission issue a Certificate of Compliance indicating that the Order is no longer valid and the work never commenced. Paluzzi moves to issue a Certificate of Compliance. Hayes seconds the motion. The motion carries (7-0). New: 175 West Street – DEP File # 5-622 – John Newbury Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 4 of 26 Maxner explains that the Order was issued in November of 1997 for the reconstruction of a pier and floats within rocky intertidal shore, coastal beach and land subject to coastal storm flowage. She notes that the certification by the applicants engineer indicates substantial compliance with the order and approved plans with minor deviations. Paluzzi moves to issue a Certificate of Compliance for DEP File #5-622. Johnson seconds the motion. The motion carries (7-0). New: 175 West Street – DEP File # 5-740 – Edith Newbury Maxner explains that the Commission issued an Order for the reconfiguration of the driveway and landscaping activities within the Riverfront Area and Buffer Zone. She also notes that the applicant has requested a waiver from the as built plans considering that the Commission recently approved an Order for work on the site including the re- reconfiguration of the driveway which was observed in a recent site inspection. She notes that she recommends the issuance of the Certificate of Compliance and waive the requirement for the as built plans. Paluzzi moves to issue a Certificate of Compliance for DEP File #5-740, and to waive the requirement for the as built plans. Johnson seconds the motion. The motion carries (7-0). New: 6 Fosters Point – DEP File # 5-868 – Janet Gallagher Lang recused himself from discussion this matter and leaves the room. Maxner addresses the Commission and recalled that the applicant inquired with the Commission as to whether the compliance inspection report from the Army Corp of Engineers would suffice for the as built certification and members indicated that this would be acceptable as long as there were no other facets to the project and there are not. She also notes that she held a site inspection and shows the Commission photos of the site and recommends that they issue a Certificate of Compliance. Hayes moves to issue a Certificate of Compliance for DEP File # 5-868. Squibb seconds the motion. The motion carries (6-0-1) with Lang recused. New: 2 Fosters Point – Lang Maxner explains that this was a filing that she forgot to place on the agenda for the meeting this evening. She explains that the applicant submitted the compliance inspection report from the Army Corp of Engineers. Eileen Lang explains that their efforts to restore salt marsh grass have been fairly successful and provides before & after photos of the area showing advanced salt marsh grass growth. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 5 of 26 Johnson moved to issue a Certificate of Compliance for 2 Fosters Point. Hayes seconds the motion. The motion carries (6-0-1) with Lang recused. Lang returned to the meeting at this time. New: 12 Landers Drive – DEP File #5-184 – Stephen Raber Maxner explains that in March of 1986 the Commission issued an Order of Conditions for the subdivision known as Beaver Pond Estates, which included Landers Drive, Middlebury Lane, and Gavin Circle. She explains that this lot was part of that Order and was within the buffer zone to a BVW. She explains that the property was put up for sale recently and a title search shows that a Certificate of Compliance was never issued for this lot. She explains that she conducted a site inspection and provides photos of the site. She saw no outstanding issues or problems on site, and recommends approval of the Certificate of Compliance. Paluzzi moves to issue a Certificate of Compliance for the lot at 12 Landers Drive DEP File #5-184. Johnson seconds the motion. The motion carries (7-0). New: 147West Street – DEP File # 5-761 – George Harrington Maxner explains that the Commission will be hearing a Notice of Intent later this evening for this property and notes that this Order covered work involving the construction of a patio, trellis, planting beds, driveway resurfacing, garage and addition within the Riverfront Area to a BVW and Floodplain. She notes that the proposed addition was not built and she inspected the site today and shows the Commission photos. She recommends that the Commission hold off on action on this until the public hearing portion of the meeting later this evening. New: 8 Hawkhill Drive – DEP File # 5-833 – Lawrence Townsend Maxner explains that the Order covered work for the installation of an in ground pool, deck, gazebo and buffer zone plantings. She notes that she inspected the site and there are minor deviations from the approved plans, which included a fence, but the buffer zone plantings were in greater quantity than what the Order required. She saw no outstanding issues or problems and recommended approval of the Certificate. Paluzzi moved to issue a Certificate of Compliance for 8 Hawkhill Road – DEP File # 5- 833. Reilly seconds the motion. The motion carries (7-0). Request for Determination of Applicability New: 58 Cogswell Avenue – Install Fence, Above Ground Pool, Irrigation System and other Landscaping Activities Maxner reads legal notice. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 6 of 26 Mr. Kluge addresses the Commission and explains that he is proposing to perform landscaping activities including grading adjacent to the house, the installation of an irrigation system, above ground pool, play set and perimeter fencing. Maxner explains that she visited the site and met with the owners and explained the Commission’s jurisdiction and the 25-Foot No Disturbance Zone, which they intend to respect. She also explains that the applicants will be removing much debris from both the wetland and the buffer zone consisting of old pipes, brick and concrete remnants as well as piles of wood chips and other miscellaneous debris on the site. Maxner also recalled that she received a complaint from a neighbor that they had cut down some trees. She explains that when she visited the site she looked at the trees, which appear to be badly diseased and it was at that point that she explained the Commission’s permitting process. Cademartori asks if there is a stonewall at the rear of the property. Maxner explains that there are large stones but not a formal stonewall, which in her opinion is where the wetland edge is located. Kluge states that he will place the post and rail fence at the limit of the 25-foot NDZ if the Commission would like. Lang asks if there is any public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments Paluzzi moves to issue a Negative # 3 Determination with the following Special Conditions: 1. All debris within the wetland and buffer zone shall be removed from the site prior to the work commencing. 2. Erosion control shall be installed prior to work 3. A pre-construction site inspection shall be held with the Administrator to ensure that conditions #1 and #2 are followed Johnson seconds the motion. The motion carries (7-0). New: 3 Piper Drive – Grade Rear Yard, Install Retaining Wall and Landscape Richard and Delores Alpern Maxner reads legal notice. Maxner explains that the applicant is proposing to raise the grade of the back yard and install a retaining wall within the Riverfront Area, Buffer Zone to a BVW and the 25-foot No Disturbance Zone (NDZ). She notes that she did a site inspection and that the applicant does plan on doing some significant plantings along the edge of the newly graded yard on the wetland side of the site. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 7 of 26 Reilly notes that she visited the site and she is concerned about the location of the retaining wall and the slope. Hayes asks how far the retaining wall is from the NDZ. Maxner states that there is a 5- foot offset from the wetland at its closest point. She also notes that it is within Riverfront area is based on the USGS map. Lang asks Mr. Alpern if he understands what the NDZ is. Mr. Alpern states that he didn’t know about the restriction before he met with Maxner. Lang suggests that he may need to formulate a plan that addresses the NDZ waiver criteria. Maxner notes that a neighbor helped him with the plan and suggests that the Commission visit the site. Hayes agrees and explains the NDZ noting that nothing should be disturbed within 25 feet of the resource area. He also notes that when the Commission visits the site they could advise him. Cademartori questions if there is a floodplain associated with the stream. Maxner states that she is not sure. Alpern states that he has never seen the stream overtop its banks. Lang opens the hearing up for public comment at this time. Paul Nasser of 5 Piper Drive addresses the Commission and states that he feels that the improvements will enhance the back yard and he fully endorses the plan. David Corrozza of 6 Piper Drive addresses the Commission and states that he supports the plan as well. Joan Murphy, 34 Longmeadow Road, addresses the Commission and expresses he concern about flood storage on the site. Paul McCarthy of 15 Cherry Road, addresses the Commission and questions how far back he is working from the edge of the wetland. Mr. Alpern explains the plan and notes that he is using a ready lock system. Hayes states that he is not inclined to approve this under a Request for Determination. Cademartori agrees and states that he is concerned with the potential drainage impacts on the neighboring properties as well as the wetland, he also states that the very large wall will have shading impact on the existing wetland vegetation. Lang informs Mr. Alpern that he may need to get professional guidance in preparing the plan if a Notice of Intent is needed. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 8 of 26 Johnson agrees that he could not vote to allow the plan that has been submitted noting that it infringes on the NDZ and the resource area and a Notice of Intent would address those matters. Maxner suggests that a site inspection be scheduled, and in order to save Mr. Alpern potential unnecessary costs with a NOI application, the Commission may wish to determine if an NOI would make a difference if the proposed plan is not going to change. Mr. Alpern states that he is not willing to shrink the proposed footprint of the lawn, as he does not see that it would be worth it. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to September 12, 2006 pending a site inspection, time to be determined. Squibb seconds the motion. The motion carries (7-0). Recess for Public Hearings Paluzzi moves to recess for public hearings. Squibb seconds the motion. The motion carries (7-0). Notice of Intent Continued: 412 Hale Street – DEP File #5-909 – Landmark School – Construction of Athletic Complex with Parking and Athletic Field Maxner explains that the applicant has requested that the matter be continued to September 12, 2006 meeting. Paluzzi moves to continue the public hearing. Squibb seconds motion. The motion carries (7-0). Continuation: 44 Prince Street – Reconstruct Single Family House and Guest House - David Carnevale Maxner notes that she received a request from the applicants engineer requesting that the matter be continued to the September 12, 2006 meeting. Paluzzi moves to continue the public hearing to September 12, 2006. Johnson seconds motion. The motion carries (7-0). Continued : 74 Hart Street – Construct 15,300 S.F. and 11,900 S.F. Buildings – Glen Urquhart School Maxner states the Commission will recall that the school is proposing to construct a new classroom facility, upgrade parking and other site work within the buffer zone to a BVW, Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 9 of 26 Riverfront Area and Floodplain. She notes that the Commission has requested a peer review by Camp Dresser & McKee (CDM). Ginny Roach of CDM, addresses the Commission and explains her findings from the peer review. She notes that they reached a compromise for providing additional storage capacity by reducing the impervious surface on the site and maintaining the parking area in its present gravel condition. She also notes that they made a good effort by proposing an underground storage system to attenuate peak flows, but there is a problem with the elevation to groundwater, which may cause it not to function in some storms. She notes that they may need to reconsider its proposed location on the site based on known groundwater elevations. Lang asks if there will be emergency discharge to the wetlands. Nyman statesthat there would be overflow in a large storm event. Squibb suggests that they do a test pit this week to determine if this can be accomplished in the proposed location. He also suggests that they submit a new drawing for review by CDM to compare the range of groundwater elevations. George Tremblay addresses the Commission and asks if it is possible for the Commission to close the hearing and approve this with the condition that they revise the storm drainage issues. He notes that the bond for the project is contingent upon Conservation Commission approval and the interest rates are going up as we speak. Lang states that he feels that there has been good effort on the plans and notes that he feels that they are in an unfortunate location and applicants cannot always do what they want to do. He further notes that he is not inclined to rush this and he would rather look at the new information before approving this. Hayes and Paluzzi agree. Lang opened the hearing up for public comment at this time. Ed Brown of 233 Greenwood Avenue addressed the Commission and expressed his concern about the footprint in phase one noting that the area was underwater in May. Joan Murphy, Longmeadow Road, addresses the Commission and expresses her concern about the increased volume of water on the site. Marianne Splaine of 15 Goodwin Road addresses the Commission and expresses her concern about flooding noting that it is a huge concern and requested that the Commission not grant approval for the plan as proposed. Susan O’Brien of 16 Goodwin Road addresses the Commission and expresses her concerns about flooding issues. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 10 of 26 Councillor Patricia Grimes of 26 Old Town Road addresses the Commission and expresses her concerns about the underground storage system proposed, and would encourage further test pits if they are needed to make sure it works properly. Councillor Maureen Troubitaris addresses the Commission and expresses her concerns about the Chubb Brook project not being more successful and encourages the Commission to require further information from the applicant. Rene Mary of 274 Hale Street addresses the Commission and expresses her concerns about the other brook flowing from Preston Place onto the site. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to September 12, 2006 requiring that additional test pits be performed in the area for the underground storage unit. Paluzzi seconds the motion. The motion carries (7-0). New: 7 Tall Tree Drive – Robert Maihos –Construct Garage and Pool Cabana and Restore Wetland Resource Area Maxner reads legal notice. Maxner addresses the Commission and explains that application to construct a pool cabana, a detached garage and restoration of the Riverfront Area and BVW. She notes that the Commission visited the site and inspected the pool and a discussion was held on the restoration of the cleared areas within the Riverfront Area and the BVW. Bob Griffin addresses the Commission and explains the history of the property. He recalls that the Commission approved the pool in June of 2006 and this NOI includes the restoration of the Riverfront Area and the construction of a pool house and garage. He explains that the driveway will connect to the 6 bay garage, which will be used to store vintage vehicles. He also explains that they will convert the lawn area for the pool cabana use and that is subject to the Beverly bylaws and explained the plan. Griffin explains that the Riverfront area was altered without a permit and they are proposing to plant approximately 100 trees on the property noting that 90 will be planted in the riverfront and 10 will be located east of the garage to replace the trees that will be removed during demolition. Lang questioned how far apart the trees would be planted. Griffin states that they will be planted ten feet on center and that the area of cutting will need to be stumped to accommodate the new trees and then seeded with a conservation mix. He explains the restoration plantings within the BVW as well. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 11 of 26 Lang states that he would like the restoration work done before any construction is started on the garage or the pool cabana. Hayes states that the garage is bigger in size than the applicant previously indicated noting that at the May 23, 2006 meeting it they described a four car garage. Griffin states that he is not sure why they said four because the applicant’s intention has been for a six bay garage all along. Cademartori asks who owns the rear lot behind the property. Griffin states that Endicott College owns the land. Squibb asks if the driveway will be paved. Griffin states that it will be paved as opposed to a stone or gravel surface. Squibb states it should be left pervious. Lang opens the hearing up for public comment at this time. Rene Mary of 274 Hale Street addresses the Commission and expresses he concern about the Centerville Creek. She notes that there is poison ivy around there. Maxner addresses the applicant and states that she wishes that Mr. Carnevale had informed Mr. Maihos of his obligations with respect to the resource areas before he sold the property. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries (7-0). New: 147 West Street – George Harrington – Construct Addition Maxner reads legal notice. Tom Keough, Hancock Associates, addresses the Commission and explains that there is an outstanding Order of Conditions on the property DEP File # 5-761. He explains that the Order was for the construction of a patio, trellis, planting beds, driveway resurfacing, garage and addition in the riverfront area, buffer zone to a BVW and Floodplain. He explained the work that was completed and notes that the applicant did not do the large addition that was proposed in the filing. He requests that the Commission issue a Certificate of Compliance for that project. Keough explains that the applicant is now proposing to construct the addition to the existing house on pilings within the Riverfront Area, Buffer Zone to a BVW and 100- year floodplain. He explains that they will construct the addition towards Chubbs Brook and come out over the existing patio, and that the existing brick patio off the side of the house will be removed. He also notes that compensatory storage will be provided at approximately 7,212 cubic feet through the removal of the mounded septic system since the house will be connected to City sewer system, plans for which is also depicted. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 12 of 26 Maxner notes that she visited the site and took photos. She also explains that the architect indicated that the air conditioning condenser will be on a concrete pad in a location to be determined. Johnson states that he looked at the site and is comfortable with the plan. Lang states that the location of the condenser unit can be worked out with Maxner. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Hayes seconds the motion. The motion carries (7-0). Johnson moves to issue a Certificate of Compliance for DEP File # 5-761 - 175 West Street. Paluzzi seconds the motion. The motion carries (7-0). New: 27 Ober Street – Christopher Dick – Rehab Seawall with Alterations to Stairs/Ramp Access Maxner reads legal notice. David Smith of Vine Associates addresses the Commission and explains the proposal for the repairs to an existing seawall, steps to the beach and to raise the height of the wall by about 18” and backfill with loam and seed for lawn conditions as they exist now. He shows the Commission photos of the site and notes that the existing wall is 90 years old and the recent heavy storms that we had caused wave over topping and caused damage. Smith also notes that they received comments from DEP and reviewed the comments. He notes that the concern is that the height of the wall and the wave reflection will undermine the wall. Lang asks if they plan to use similar size stones and if they plan to do any work on the water-side of the property. Smith explains that they are proposing to do all the work on the land side and that no equipment will be used on the beach. He explains that they are probably going to use a small backhoe and one trip with a cement truck and match the existing size of the stones within the wall. Hayes questioned how much fill they wound be using to raise the level of the lawn. Smith estimates that it would be about 1,600 yards of fill. Johnson expressed concern about the use of fill in the No Disturb Zone and says that he visited the site before the meeting and notes that the house is in no danger from this situation as it is 250 + feet away from the water. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 13 of 26 Lang opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moved to continue the public hearing to September 12, 2006 pending as site inspection on th Saturday, September 9 time to be determined. Johnson seconds the motion. The motion carries (7-0). New: 31Riverview Street – Rebuild Failed Seawall - Beverly Harlow Maxner reads legal notice. Maxner addresses the Commission and recalls that the Commission issued an Emergency Certification for repair of a seawall at the May 23, 2006 meeting. She notes that this NOI is an after the fact application for the work. Mr. Harlow addresses the Commission and explains that he has not yet had the work done because his contractor never showed up to do the work. He explains that he has hired a new contractor and expects that the work will be done soon but noted that he has held off on starting because the emergency certification expired on June 26, 2006. Johnson states that he visited the site and it is a straight-forward project. He recommends that the Commission closed the hearing and issue an Order of Conditions. Maxner agreed and suggests that she would like to expedite the process to get this work done. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries (7-0). New: 208 Hart Street – Michael DiGuiseppe – Construct Addition and Porch Maxner reads legal notice. Maxner explains to the Commission that the applicant has submitted a NOI as the result of a positive determination at the last meeting. Mr. DiGuiseppe addresses the Commission and explains that he has submitted a NOI and a habitat study as requested to address the BVW alteration to an open body of water. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 14 of 26 Adele Fiorillo addresses the Commission and explains the habitat analysis. She notes that in 1987 there was no pond on the site and showed photos taken in 1995 that show the pond. She states that she would not recommend that the pond be filled or reverted back to BVW in as it provides value and should be left in place. She goes on to detail the current functions being provided by the pond from the performance standard perspective and states that there is a multitude of wildlife species that are utilizing the pond and have become dependent on the pond and should it be reverted to BVW, those species would no longer be provided with that habitat and possibly eliminate local populations from this locus. Cademartori asks how deep the pond is. Fiorillo states that she is not sure. Mr. DiGuiseppe states that he does not think the center of the pond exceeds two feet. He also notes that it is murky at the bottom. Maxner suggests that the install basking logs or some other structure for reptile and other animal use. Fiorello agreed and states that they will look at something that is functional and aesthetic. Mr. DiGuiseppe addresses the Commission and explains his plans to build the addition in the area that is currently the deck. He notes that it is proposed to be 531 s.f. and is located more than 25 feet from the BVW. Lang opens the hearing up for public comment at this time. Lang notes that the Commission has received a letter from an abutter in support of the project and reads it into the record. There being no further questions or comments regarding this matter, Paluzzi moved to close the public hearing. Johnson seconds the motion. The motion carries (7-0). New: Massachusetts Bay – Neptune LNG, LLC – Deep Water LNG Port in Beverly Harbor Maxner reads legal notice. German Castro addresses the Commission and notes that he is the project manager with Ecology & Environment Inc., the primary environmental consultant for Neptune LNG. He notes that they are in charge of leading the development of basic engineering and performing environmental studies and analysis necessary to meet the requirements of a Deep Water Port (DWP) application and they are supporting Neptune in the project review and permitting process that involves several state and federal agencies. Castro reviewed the purpose of the project and the need for this additional equipment. He also described the Neptune Company which is subsidiary of SUEZ LNG NA, part of SUEZ a global energy company. He also notes that SUEZ owns the Distrigas Terminal Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 15 of 26 in Everett, MA and is the longest operator of LNG in the country and a long time trusted energy supplier providing essential heat and electricity for homes and businesses throughout the region for 35 years. Castro explains that Neptune is a proposed deepwater port LNG terminal that will use a technology called Shuttle and Regasification Vessel (SRV) to deliver additional gas supplies to Massachusetts and New England. This technology design includes power/steam generation equipment and controls that exceed environmental performance standards for air and water. One example is a closed loop vaporization system that uses no water, while the equipment cooling needs would be satisfied by recirculation of ballast take waters. No water discharges are contemplated by these vessels during regasification. Castro explains that this project is planned to deliver a gas base load of 400 MCF per day which is enough to heat 1.5 million homes per day with a peak of 750 which is particularly important given the seasonality of the demand in the New England region. Castro notes that the two permanent components of this project are a permanent unloading buoy system, including two buoys that are anchored to the sea bottom in eight points, anchor lines and a flexible riser: and a 24” pipeline that will connect the buoys to the Hub Line and will cross Beverly’s jurisdiction in between these points. He shows a slide that depicts the project items. Castro reviewed the project location and noted on the graphic provided that the port terminal, including the unloading buoy system, the flow line between the buoys, and a small section of the main gas pipeline are located in Federal waters within Massachusetts Bay. In addition, a 9.9 portion of the main transmission pipeline that would be located in state waters. He notes that the proposed port terminal area is surrounded by the Stellwagen Bank NMS to the east, state waters to the east, and the Boston Harbor Traffic Separation Scheme or Shipping Channel. He also explains why the pipeline follows this route noting that it was designed this way to avoid medium or hard bottoms that would sustain more ecologically valued habitats and instead crosses the soft bottoms that sustain benthic communities that can quickly recolonize areas disturbed by pipeline installation activities. Castro explains that the segment of the pipe located in Beverly’s jurisdiction would be located approximately 5 miles away from the Beverly coast line and 3 miles offshore from Bakers Island. He explained that the pipe length will be 3,828 feet and 24 inches in diameter. He also noted that the pipe will be concrete coated steel and will be buried a minimum of 3 feet. He also noted that the pipeline corridor impact area is 5.7 acres and the anchor sweep impact area is 14.5 acres. Castro explained the pipeline methodology pipe lay noting that an anchored derrick /lay barge spread supported by to anchor handling tugs would be used to install the gas transmission pipeline. Two oceangoing tugs with one cargo barge each (or alternatively a supply vessel) would regularly supply the construction barge with construction Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 16 of 26 consumables, equipment, food, and other supplies, and take away any trash or equipment to be returned to shore. The gas transmission line would be initiated by attaching an initiation cable from the pull head on the derrick/lay barge down to a DMA. The derrick/lay barge would install the 24 inch diameter gas transmission line form the port location to the Hub Line SM pipeline in nominal 40 feet pipe joints until the section is completed. Castro explains that in order to provide protection against fishing gear, anchor drag, and stability in current and waves, the gas transmission line would be trenched to a depth of 3 feet from the top of the pipe. The gas transmission line would be trenched following the placement of the pipe on the sea bottom using a specially designed pipeline plow and buried along the entire length. Trenching operations would begin as soon as possible following installation, at which point the derrick/lay barge should be available to pull the plow. He showed graphics of the process. Castro explains that the burial of the gas transmission pipeline would be accomplished using a towed plow line plow. Following confirmation of the gas transmission line lowering to proper burial depths as required, the plowshares would be reversed to push the previously excavated soil from both sides of the trench as the plow is pulled ahead. The entire length of the gas transmission line that was previously trenched would be backfilled. Castro explains the timeline for the project and notes that the pipe lay would take place as follows: Pipe lay May 30 – June 30, 2009 Trench Pipeline June 25 – July 4, 2009 Backfill Pipeline July 9 – July 18, 2009 Castro reviewed the local environmental conditions. He noted that Neptune implemented a series of equivalent site specific surveys of two alternative pipeline routes including: 1. Geophysical/Geological Surveys 2. Cultural Resources Surveys 3. Benthic/Habitat Video Surveys 4. Sediment Profile Imaging Surveys 5. Sediment Sampling and Analysis Castro explains the findings of the environmental conditions observed for the pipeline segment area to be located within Beverly’s jurisdiction are: ?? Approximately 120 feet water depth ?? Silty Clay and silty sand soils ?? Sediment deposition area up to 50 feet thick Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 17 of 26 ?? Some metals and organic compounds were detected at low levels, below regulatory criteria ?? Softer mud habitat with healthy benthic infaunal communities ?? Fish species not abundant due to existing bottom habitats ?? No evidence of Scallops ?? No Lobsters observed Castro reviewed the key mitigation measures that will be undertaken during the project. He notes that Neptune is committed to minimizing the impacts to the extent possible either through design, and use/selection of environmental friendly equipment and construction methodologies. He also notes as part of this commitment and as reflected in several documents that key mitigation measures proposed by Neptune include: Marine Mammals ?? No blasting for the pipe line ?? NOAA certified training programs for vessel crew ?? Minimize potential for entanglement by equipment and cable/line selection Benthic Communities ?? Pipeline route in soft bottom Water Quality ?? Use of Plow vs. Dredge ?? Avoid contaminated sediments ?? Summer construction to avoid weather delays Recreational/Commercial Users ?? Advance notice to mariners of construction operations ?? Minimize construction exclusion areas to the extent possible Cultural Resources ?? Avoid Shipwrecks and other prehistoric sites ?? Unanticipated discovery plan Fisheries ?? Entire transmission pipeline will be buried ?? Most pipeline construction to occur during NOAA’s rolling closures ?? Spill prevention techniquies and plans will be implemented ?? Offshore to onshore construction sequence to avoid disrupting lobster migration Geology ?? Top soft soil layer allows plowing of complete pipeline route ?? Bottom will be re-contoured Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 18 of 26 Lang asks if they have any other permits in place for this process. RJ Lyman General Counsel for Neptune states that they are going through the MEPA process now and explained the timeline for the permitting process. Lang also notes that another similar project is also being permitted as well. Lyman explains that they are going through the MEPA and NEPA processes and the Governor has the ultimate decision as to who does the work. He also explains that they will be presenting the project in Manchester and Salem on Thursday evening. Lang suggests that the Commission may wish to have a peer review of the project. Cademartori suggests that if the other communities wish to have a peer review perhaps they could hire one consultant to review for all four communities. Lang opens the hearing up for public comment at this time. Rene Mary of 274 Hale Street addresses the Commission and requests a transcript of the public comment submitted at the meeting in Gloucester and Boston. Castro notes that the Environmental Impact Study for the project should be ready by the end of August. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 12, 2006. Hayes seconds the motion. The motion carries (7-0). New: 240-242 Elliot Street – Bass River JDS, LLC – Raze Two Buildings and Construct Commercial Buildings Maxner reads the legal notice. Bill Manuell addresses the Commission and explains that the applicant is proposing to raze two buildings and construct a new commercial building and parking configuration and stormwater management within the Riverfront Area and Buffer Zone to a Coastal Bank. He explained that they are proposing a commercial building with a drive thru. Manuell explained the proposed drainage for the site and notes that they plan to capture stormwater, which will be processed through a treatment system and they estimate that they will have 85% TSS removal. He notes that they are proposing deep sump on the outlets to prevent floatables and oils through a Vortechnich unit. He notes that they feel that this will achieve much higher water quality standards, as there is no stormwater management on site at present. Manuel notes that Mass Highway has issued a directive that no more runoff will be allowed on Elliot Street and that is why they are sending it in another direction as well as a moratorium place on road opening since Rt. 62 has recently been re-paved. He Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 19 of 26 reviewed the Riverfront Area regulations Section 310 CMR 10:58 on the redevelopment of degraded Riverfront Area criteria and notes that he believes they meet the standards in the Regulations. Manuell also notes that they will be improving the site and notes that they are doing landscaping on the site and the stormwater management plan exceeds the requirements of the stormwater management regulations. He also notes that they have planned for a park and walkway along the Bass River along with very significant planting plan. He goes into detailed description of the planting proposal. Manuell also notes that they are within the 25 foot NDZ and have provided and alternatives analysis and are requesting a waiver of the 25 foot NDZ. Lang notes that a concern when the Commission permitted the McDonald’s site was blowing debris and notes that he would have the same concerns if this is to be a fast food restaurant. Manuell states that they do not have an agreement with a tenant at this time as to exactly what kind of establishment will move in. Lang opens the hearing up for public comment at this time. Councillor Troubitaris states that she is impressed by the proposed walkway noting that the Beverly Harbor Management Authority has worked hard to develop a walkway along the Bass River. She also expressed concerns about traffic and the drive thru. Lang notes that those are Planning Board issues and are outside of the jurisdiction of the Conservation Commission. Maxner notes that she reviewed the plans for the site with Mike Collins and he recommends the use of Class 5 reinforced concrete piping instead of PVC. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries (7-0). OLD/NEW BUSINESS Continuation: 43 Breckenbury Lane – Morse, Purtell, Leonard – EO Discussion Maxner addresses the Commission and recalls that an Enforcement Order was issued to the violating parties for the removal of sand from the beach at the end of Brackenbury Lane. She notes that at the last meeting the Commission voted to require that they submit a plan for the replacement of 150 cubic yards of compatible with sand detailing analysis, the source of the replacement sand and the methods and equipment that will be used for the placement of sand and the locations and relative volumes proposed. She also notes that the Commission instructed her to confer with Mike Collins as to whether 150 c.y. was a realistic volume to require. She states that she has reviewed this with him and he Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 20 of 26 has concurred that this is a reasonable volume, but may be a bit more than what was actually taken. Joe Purtell addresses the Commission and explains that he has been in touch with the Army Corp of Engineers and they are agreeable to their plan but they prefer that the Commission continue to oversee the restoration effort. He requests that they be allowed to proceed with the work before the next meeting but as soon as possible. He is in the midst of researching potential sources of sand and will have Peter Williams approve the sieve analysis as soon as possible. He also requested that they be allowed to do a partial restoration of about 70-75 c.y. to get started as their finances allow and finish the restoration when additional finances are secured. Members indicate that it would be fine to do that as long as the first phase be completed as soon as possible, and instructs Prutell to keep in close contact with Maxner and provide sufficient notice before work begins. There being no further questions or comments regarding this matter Hayes moved to continue the matter to September 12, 2006. Johnson seconds the motion. The motion carries (7-0). 41R Williams Street – Enforcement Order – Frederick Smuckler – Dana DeStafano Maxner notes that the members will recall that she inspected this property and observed wetlands violations of grass clippings and yard waste being dumped directly into the resource area at the end of the driveway, wetlands border the property. She explains that she was on site with the tenant who claims to have removed it, but she did not have her photos with her to compare before and after conditions. She will look at the area closer, and it may be okay but would like a chance to view the photos and if not she may ask the Commission to take a look. Cont: 76 Paine Avenue – Jack Swansberg – Enforcement Order Maxner explains that the Commission issued an Enforcement Order (EO) for the installation of an asphalt basketball court within the Buffer Zone and Land Subject to Coastal Storm Flowage. She notes that the Commission required that the court be removed and evidence of compliance with the EO be provided in time for this meeting. She notes that she has not heard from the owner and has no new information at this time aside from a telephone conversation with Robert Griffin, Griffin Engineering, who stated that he is preparing an NOI to permit the court as he believes it is allowable under the Act and the Ordinance. Hayes suggests that the Commission start fining Mr. Swansburg $100.00 per day until he takes it out or the Conservation Commission approves it, approval for which is not guaranteed just because an after-the-fact application is submitted. He states that the fines should stand and be paid regardless of when the court is removed or if approval is given. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 21 of 26 Paluzzi agrees and thinks this should have come before the Commission as a request for an Amendment to the existing Order before any asphalt was placed. Hayes moves to amend the Enforcement Order for 76 Paine Avenue to include fines of $100 per day until the basketball court is removed or approved by the Commission, and fines shall not be withdrawn regardless of the final result. Paluzzi seconds the motion. The motion carries (7-0). 16 Fosters Point, DEP File #5-819 – McDougall – Request for Modification – Maxner explains that the applicant has been required by the Army Corp of Engineers to keep the float from bottoming out at low tide. The applicant is requesting to pour concrete footings within the mudflat and to then attach four legs to the floats so that the legs will rest on the concrete footings at low tide. She asks the Commission how they would like this change to be handled. Cademartori suggests that they check with the Army Corp of Engineers to inquire if this proposal is acceptable to the Corp. Hayes agrees, and states he is inclined to approve the change as a minor modification if the Corp approves this design. Maxner agrees to inform the applicant to receive approval of the design from the Corps and will advise him on how to apply for a minor modification. New: 24 South Terrace DEP File #5-810 – Request for Extension – Susan Adams Maxner explains that the Commission has received a request for an extension of the Order of Conditions issued for the removal of debris and rubbish and control and manual management of phragmites within a salt marsh. She explains that the applicant continues to mow the phragmites and has requested a two-year extension to continue this regime. She states that she recommends the extension. Squibb moves to grant a two-year extension for the Order of Conditions for 24 South Terrace – DEP File # 5-810. Hayes seconds the motion. The motion carries (7-0). New: 13 Arbella Drive – Installation of Above Ground Pool Maxner states Mr. Burns had submitted a building permit for an above ground pool. She conducted a site inspection and took measurements and provides photos of the area where the pool will be installed. She states the pool will be approximately 40-45 feet from the wetland at its closest point and will be within a lawn area and no vegetation or trees will be removed for the pool. She asks if the Commission would consider providing approval of this now since the next meeting is in the middle of September and requiring an RDA th be submitted for the September 12 meeting. Lang states that this project is something that would easily be approved by the Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 22 of 26 Commission and would not have a problem requiring an after-the-fact application. Johnson agrees. Hayes states he is not in favor of providing approvals in this manner, but recognizes that this project would be approved without much deliberation. Maxner states the fact that the Commission does not meet in August, which is one of the busiest months for construction, places people at a disadvantage and thinks in this case it would be unfair to hold up a benign project such as this. Paluzzi moves to conditionally approve the installation of an above ground pool at 13 Arbella Drive provided that the owner returns in September with an RDA application. Johnson seconds the motion. The motion carries (7-0). 18 Fosters Point, DEP File #5-460 – Certificate of Compliance – Construction of a Pile Supported Pier Maxner explains that the applicant is requesting a Certificate of Compliance for the construction of a pile-supported pier. She explains that she conducted a site inspection and while the pier configuration is not what the Commission approved it is what other agencies require. Tom Keough of Hancock Associates explained the changes and the Army Corp of Engineers requirements that were incorporated after the Order was issued. Johnson moves to issue a Certificate of Compliance for 18 Fosters Point. Paluzzi seconds the motion. The motion carries (6-0-1) with Lang abstaining. New: 17 Cole Street – DEP File #5-809 – Request for Extension of Order of Conditions Maxner explains that the applicant has requested an extension of the Order of Conditions for the construction of a single-family house and associated appurtenances within the Buffer Zone to a BVW. She notes that the applicant is requesting an additional six months in order for as built plans to be prepared. Paluzzi moves to grant a six-month extension for 17 Cole Street – DEP File # 5-809. Johnson seconds the motion. The motion carries (7-0). New: 143 West Street – DEP File #5-808 – Request for Extension – Daniel Carnevale Maxner explains that the Commission has received a request for an extension of an Order of Conditions issued for the tear down and rebuild of a single family home and associated appurtenances and landscaping. She explains that the applicant has yet to perform extension native landscaping and they are therefore requesting a two-year extension to allow time for the plantings to be installed and become established. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 23 of 26 Paluzzi moves to approve a two-year extension for 143 West Street – DEP File # 5-808. Johnson seconds the motion. The motion carries (7-0). New: 783 Hale Street – DEP File #5-918 – Request for Modification – John Margolis Maxner informs the Commission that they have received a request for a minor modification to the Order of Conditions that it recently issued for house renovations, garage addition, site work and landscaping and BVW restoration. She notes that the applicant is requesting to place an 8’x 8’ bluestone patio and trellis within the lawn area as well as burying overhead utility lines within the same drip line of existing lines at the rear of the house instead of along the driveway. She states that she recommends that the changes be approved as minor modifications to the plan. She also notes that she would recommend that erosion control be employed along the utility trench to protect erosion and sedimentation. Johnson moves for approval of the minor modification for 783 Hale Street – DEP File # 4-918. Paluzzi seconds the motion. The motion carries (7-0). New: 107 Preston Place – Violation Maxner reports that she received a telephone call reporting a wetlands violation at 107 Preston Place. She conducted a site inspection and spoke with the owner, who explained that he was doing grading behind the rental building because the Mother’s Day flood th inundated the basement. She provides photos of site conditions as of Friday June 30 which shows grading adjacent to wetland resource area and continuing down Pole Swamp Lane. She explains that she instructed the owner to stop all work in the Buffer Zone and immediately install erosion control at the edge of the wetland, which he had done so that same day. Commission members agree to schedule a site inspection for th Saturday September 9 time to be determined. Orders of Conditions 7 Tall Tree Drive – Robert Maihos –Construct Garage and Pool Cabana and Restore Wetland Resource Area Paluzzi moves to issue a standard Order of Conditions for 7 Tall Tree Drive with the following Special Conditions: 1. Prior to any construction on the garage or cabana, all restoration plantings shall be completed and a qualified wetland scientist shall oversee installation of plant material. When planting is complete, a site inspection shall be held with the Conservation Agent or a member of the Commission. 2. The proposed access driveway leading to the proposed garage shall be constructed of pervious material such as clean gravel. Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 24 of 26 3. A qualified wetland scientist shall monitor the restoration plantings at least once a year for two years after plantings are installed and submit monitoring reports to the Commission for review. At least 75 % survivorship of plant material shall be achieved, and if this survivorship is not met the applicant must propose and implement corrective steps to be approved by the Commission. 4. To prohibit further disturbance of any kind within the Riverfront Area, permanent granite markers shall be installed at 25-foot intervals along the limit of the 200- Riverfront Area, and shall bear the following language: “No Disturbance Beyond This Point By Order Of The Beverly Conservation Commission”. Hayes seconds the motion. The motion carries (7-0). 147 West Street – George Harrington – Construct Addition Paluzzi moves to issue a standard Order of Conditions for 147 West Street. Reilly seconds the motion. The motion carries (7-0). 208 Hart Street – Michael DiGuiseppe – Construct Addition and Porch Paluzzi moves to issue a standard Order of Conditions with Special conditions for 208 Hart Street. Johnson seconds the motion. The motion carries (7-0) Special Conditions: 1. In addition to the proposed plantings detailed in the Pond Enhancement Plan, at least five (5) trees shall be planted on 10-foot centers within the south-east quadrant of the pond’s edge, and shall consist of a mixture of the following native, conservation-grade species; (the Commission provides Maxner the authority to chose the species once she prepares the Order.) 2. Installation of all enhancement plantings shall be completed no later than October 1, 2006. 3. A qualified wetland scientist shall monitor the enhancement plantings at least once a year for two years after plantings are installed and submit monitoring reports to the Commission for review. At least 75 % survivorship of plant material shall be achieved, and if this survivorship is not met the applicant must propose and implement corrective steps to be approved by the Commission. 4. No fish of any kind shall be introduced into the pond. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 240-242 Elliot Street – Bass River JDS, LLC – Raze Two Buildings and Construct Commercial Buildings Cademartori states that Bill Manuell misread the waterways regulations regarding the requirement for the surface of the path. He notes that he reviewed the regulations and Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 25 of 26 there are no surface requirements. He also notes that the path that is there now is a mess. He recommends that the Commission require that they maintain the walkway as it exists presently which is a 6 foot paved path. Discussion ensues regarding possible Special Conditions. Paluzzi moves to issue a standard Order of Conditions with the following Special Conditions: 1. The proposed HDPE piping shall be substituted with Class 5 Reinforced Concrete Piping, HDPE shall not be used on site. 2. The proposed path shall remain 6-feet wide, and may be paved. 3. The entire site shall be monitored and cleaned at least two times a day for errant trash and debris both during construction and post construction when commercial businesses are operating. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 4. A point of access from within the site shall be included to allow pedestrians to access the path and the proposed benches, but shall not compromise stormwater collection (i.e. no break in curbing unless a ramp access is provided to elevation higher than the parking lot to ensure that runoff is directed to the drainage system within the parking lot.) 5. In order to create a more continuous natural riparian habitat the following modifications to the landscaping plan shall be made: a. All established trees and vegetation on site shall remain and shall not be pruned or thinned; b. The number of proposed red/October glory maple (Acer rubrum) trees shall be doubled, final quantity to total 10; c. The number of Eastern red cedar (Juinperus virginiana) trees shall be tripled, final quantity to total 9; d. Trees may be planted on an irregular interval, but no less than 10-foot centers in a random pattern throughout the restoration area; e. In order to create a well established, stable vegetated bank, native ground covers shall be planted along the water-side of the path and on the coastal bank; f. Additional native fruit bearing shrubs shall be interspersed throughout the restoration area as approved by the Commission; 6. A qualified wetland scientist shall monitor the restoration plantings at least once a year for three years after plantings are installed and submit monitoring reports to the Commission for review. 100% survivorship of all trees shall be achieved, Beverly Conservation Commission July 11, 2006 Meeting Minutes Page 26 of 26 and if this survivorship is not met the applicant must propose and implement . corrective steps to be approved by the Commission 7. Areas seeded with conservation seed mix shall not be mowed accept immediately around benches and along path edge. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 8. Intrusion of invasive plant species shall be monitored and their management and removal shall be accomplished manually.This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 9. The use of bark mulch shall be limited to achieve initial plant propagation. Areas shall be stabilized with vegetation. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 10. The riverfront restoration shall be planted in the initial stage of construction. 11. No construction related materials shall be stored or stockpiled in the riverfront restoration area. Squibb seconds the motion. The motion carries (7-0). New: 31Riverview Street – Beverly Harlow – Rebuild Failed Seawall Johnson moves to issue a standard Order of Conditions. Reilly seconds the motion. The motion carries (7-0). Approval of Minutes Paluzzi moves to approve the minutes of May 23, 2006. Johnson seconds the motion. The motion carries (7-0). Site Visits Maxner will arrange the schedule for site visits and inform the Commission members of times. Approval of Expenditure Maxner reports the latest invoice from the Commission’s independent counsel, George Hall, for the Manor Homes at Whitehall appeal is $40.50. Adjournment There being no further business to come before the Beverly Conservation Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carried (7-0). The meeting was adjourned at 12:45 a.m.